MANILA, Philippines — The Supreme Court has ruled that structures and businesses built without permits on public beaches may be lawfully demolished for being public disturbances.

In a decision penned by Associate Justice Amy C. Lazaro-Javier, the Court’s Second Division affirmed the demolition of videoke machines, sari-sari stores, billiard tables, carinderias, and other unauthorized structures along Matabungkay Beach in Lian, Batangas. The structures were declared public nuisances for being built without permits from the Department of Environment and Natural Resources (DENR).

The ruling stemmed from a case filed by the owners of Villa Alexandra Beach Resort and Restaurant against Pablo Calimlim and Patnubay Isla Calimlim, who had been occupying a portion of the beach for over 50 years. 

The resort owners argued the structures disrupted their business and caused financial losses. The Calimlims, in turn, claimed prior use of the land and said they never intended to disturb anyone, it said.

While the Regional Trial Court initially ruled in favor of the Calimlims, saying the resort failed to prove damage or loss of income, the Court of Appeals reversed the decision. It declared the structures a public nuisance and ordered their demolition.

The Supreme Court upheld the CA’s ruling, stating the Calimlims’ structures were built on foreshore land without the required lease agreement from the DENR, in violation of DENR Administrative Order No. 2004-24 and the Public Land Act (Commonwealth Act No. 141). Their lease application was denied, and DENR-issued Notices to Vacate were ignored.

Under Article 694 of the Civil Code, a public nuisance includes any condition that endangers health or safety, offends the senses, or obstructs public spaces. The Court noted complaints of unclean water from the structures’ toilets and fire hazards caused by an open-fire kitchen, which once led to a fire. The lack of building permits also raised structural safety concerns.

The High Court concluded that the unauthorized use and obstruction of public foreshore land posed a common injury and justified their removal as a public nuisance.