Malay Municipal Ordinance No. 2000–131
By Ambrosio R. Villorente
As early as August 10, 2000, the Municipality of Malay has approved Municipal Ordinance No. 2000–131. This ordinance, as a matter of fact, is “An Ordinance Amending Ordinance No. 96–97 Regulating the Construction of All Buildings and Other Structures in the Island of Boracay.”
In reality, Malay has the ordinance to follow concerning the process of constructing any structures in the resort Island of Boracay. The National Building Code of the Philippines is also good legal basis in building construction.
Among others, Section 3 of Municipal Ordinance No. 2000–131 provides that “no building or structure of any kind whether temporary or permanent shall be . . . set up, erected or constructed on the beaches around the Island of Boracay and its offshore waters”.
The said ordinance prescribes the setback requirements and maximum height limit of building to be constructed. Any building constructed five (5) meters away from the edge of “no build zone” is one storey building, six meters tall only. For buildings constructed 15.1 meters away from the “no build zone” shall be 8 ½ meters high of two storey only, and the maximum height allowed is 14 meters.
In case of buildings to be constructed on sloping land, construction is allowed on area with 25 percent or less degree slope and must be provided with soil erosion control structure. Moreover, the ordinance does not allow any construction on any swampland.
The ordinance is very clear, simple and easy to comply with.
In reality, Malay has the ordinance to follow concerning the process of constructing any structures in the resort Island of Boracay. The National Building Code of the Philippines is also good legal basis in building construction.
Among others, Section 3 of Municipal Ordinance No. 2000–131 provides that “no building or structure of any kind whether temporary or permanent shall be . . . set up, erected or constructed on the beaches around the Island of Boracay and its offshore waters”.
The said ordinance prescribes the setback requirements and maximum height limit of building to be constructed. Any building constructed five (5) meters away from the edge of “no build zone” is one storey building, six meters tall only. For buildings constructed 15.1 meters away from the “no build zone” shall be 8 ½ meters high of two storey only, and the maximum height allowed is 14 meters.
In case of buildings to be constructed on sloping land, construction is allowed on area with 25 percent or less degree slope and must be provided with soil erosion control structure. Moreover, the ordinance does not allow any construction on any swampland.
The ordinance is very clear, simple and easy to comply with.
Crisis Situation
But why? Ten (10) years after the approval of the ordinance regulating the construction of all buildings in Boracay Island, the resort island is now in a “crisis situation”?
In a letter sent to the Madyaas Pen, Governor Carlito S. Marquez revealed, “some sectors want to use only their fingers by finger–pointing blaming everyone else except themselves. In a crisis situation where government agencies, non government organizations and stakeholders are supposed to work hand in hand, and where all concerned are expected to lend a hand to mitigate the adverse effects of the disaster,” they just finger point.
Gov. Marquez reminded Malay Mayor Ciceron Cawaling of the letter request of DENR Secretary Jose L. Atienza, Jr. suggesting that Mayor Cawaling “will suspend the issuance of building permits on new construction in Boracay island for six (6) months to give way for the completion of the environmental assessment and the Master Plan”. Marquez reminded further Mayor Cawaling of the “uncontrolled development which means the economic return generated are short – term in nature and may, in the end, result to the economic collapse of Boracay”. Gov. Marquez emphasized that the “unabated construction” is the evil. The letter of Sec. Atienza was dated August 23, 2007. However, construction continues unabated.
In a letter sent to the Madyaas Pen, Governor Carlito S. Marquez revealed, “some sectors want to use only their fingers by finger–pointing blaming everyone else except themselves. In a crisis situation where government agencies, non government organizations and stakeholders are supposed to work hand in hand, and where all concerned are expected to lend a hand to mitigate the adverse effects of the disaster,” they just finger point.
Gov. Marquez reminded Malay Mayor Ciceron Cawaling of the letter request of DENR Secretary Jose L. Atienza, Jr. suggesting that Mayor Cawaling “will suspend the issuance of building permits on new construction in Boracay island for six (6) months to give way for the completion of the environmental assessment and the Master Plan”. Marquez reminded further Mayor Cawaling of the “uncontrolled development which means the economic return generated are short – term in nature and may, in the end, result to the economic collapse of Boracay”. Gov. Marquez emphasized that the “unabated construction” is the evil. The letter of Sec. Atienza was dated August 23, 2007. However, construction continues unabated.
Malay Files Illegal Construction Cases
Nevertheless, the Malay Municipal officials have filed cases in court for violations of the pertinent provisions of the National Building Code of the Philippines and Malay Municipal Ordinance No. 2000–131.
A certain Sonia Vogl of Brgy. Balabag, Boracay, Malay was accused of “Violation of Municipal Ordinance No. 2000–132” in Criminal Case No. 589–M and for “Violation of P.D. 1096” under Criminal Case No. 590–M.
Ms. Vogl was arraigned on April 12, 2004. On July 2, 2004, Hon. Raul C. Barrios, presiding judge, Municipal Circuit Trial Court, Buruanga, Aklan ordered the two cases “archived to be dealt with in accordance with law as soon as the Court acquires jurisdiction over the person of the accused”. Did the concerned officials of Malay pursued the case?
Hon. Judge Raul C. Barrios of the same court likewise ordered the dismissal of Criminal Case No. 540–M for violation of PD 1096 and Criminal Case No. 541–M for violation of Municipal Ordinance No. 2000–131 against Mr. Joel V. Gelito.
These two cases illustrated the efforts of the municipal officials of Malay to enforce compliance to the Building Code of the Philippines and the Municipal Ordinance No. 2000–132 of Malay. However, the wit, the influence, the resources and the knowledge and skills of resort owners/operators in violating legal orders had no match.
Just visit and find out how these establishments are mocking the Philippines laws, ordinances, and rules. Royal Park Bar, a Korean Corporation Resort; Lea’s Bar owned by Amalia T. Pamurcan, Willy’s Place owned by Wilfredo Gelito; Boracay Plaza owned by Mr. Nono Aguirre, Charls Bar owned by Adde De Vicente and some 40 others appear to have violated P.D. 1096 and Municipal Ordinance No. 2000–131 of Malay. Boracay Island Resort is dubbed the “golden goose which lays golden eggs”. But who are enjoying the eating of the golden eggs?
Early leaders of Aklan failed. They opened Boracay Island to the world without promulgating safeguards to preserve its sustainability that will benefit first the Aklanons. And they have not learned until today.
This is not to “finger point”, but who is responsible? Whatever happens to Boracay, the golden goose, give to all Aklanons the responsibility. Today, Boracay Island is relegated to No. 4 place visited by both foreigner and local tourists in the Philippines in the year that was, 2007. Boracay is behind the Provinces of Cebu and Occidental Misamis and Baguio City in that order. /MP
A certain Sonia Vogl of Brgy. Balabag, Boracay, Malay was accused of “Violation of Municipal Ordinance No. 2000–132” in Criminal Case No. 589–M and for “Violation of P.D. 1096” under Criminal Case No. 590–M.
Ms. Vogl was arraigned on April 12, 2004. On July 2, 2004, Hon. Raul C. Barrios, presiding judge, Municipal Circuit Trial Court, Buruanga, Aklan ordered the two cases “archived to be dealt with in accordance with law as soon as the Court acquires jurisdiction over the person of the accused”. Did the concerned officials of Malay pursued the case?
Hon. Judge Raul C. Barrios of the same court likewise ordered the dismissal of Criminal Case No. 540–M for violation of PD 1096 and Criminal Case No. 541–M for violation of Municipal Ordinance No. 2000–131 against Mr. Joel V. Gelito.
These two cases illustrated the efforts of the municipal officials of Malay to enforce compliance to the Building Code of the Philippines and the Municipal Ordinance No. 2000–132 of Malay. However, the wit, the influence, the resources and the knowledge and skills of resort owners/operators in violating legal orders had no match.
Just visit and find out how these establishments are mocking the Philippines laws, ordinances, and rules. Royal Park Bar, a Korean Corporation Resort; Lea’s Bar owned by Amalia T. Pamurcan, Willy’s Place owned by Wilfredo Gelito; Boracay Plaza owned by Mr. Nono Aguirre, Charls Bar owned by Adde De Vicente and some 40 others appear to have violated P.D. 1096 and Municipal Ordinance No. 2000–131 of Malay. Boracay Island Resort is dubbed the “golden goose which lays golden eggs”. But who are enjoying the eating of the golden eggs?
Early leaders of Aklan failed. They opened Boracay Island to the world without promulgating safeguards to preserve its sustainability that will benefit first the Aklanons. And they have not learned until today.
This is not to “finger point”, but who is responsible? Whatever happens to Boracay, the golden goose, give to all Aklanons the responsibility. Today, Boracay Island is relegated to No. 4 place visited by both foreigner and local tourists in the Philippines in the year that was, 2007. Boracay is behind the Provinces of Cebu and Occidental Misamis and Baguio City in that order. /MP
3 comments:
If you want to expose ILLEGAL construction in Boracay, you should check Boracay West Cove in Diniwid Beach. The building was built on the shore, 5 stories high, NO BUILDING PERMIT of course and backup by politicians. Check out their site www.boracaywestcove.com
Boracay West Cove is a work of art. An architectural wonder sitting on top of an age-old rock foundation in Diniwid Beach. I heard that they will be the first resort in the island to have a Green Resort commendation from hotel association. Boracay West Cove is helping to revive the environment at this side of the island. Let's give them the benefit that they deserve.
Who are enjoying eating the golden eggs?I am sure that the judge itself who favors the people who illegally build their establishments on the island.Under the table business guys.....that stupid smoking judge inside the courtroom!He is a shame to our justice system.
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