Lawyers, fishers sue Cebuano businessman

Cebu - A group of fishermen and environmentalist-lawyers yesterday filed a class suit before the Regional Trial Court in Cebu City against jeweler Michel Lhuillier and the Department of Environment and Natural Resources and the Environmental Management Bureau over an alleged string of violations of environmental laws.

Lawyers Gloria Estenzo-Ramos and Benjamin Cabrido joined the members of the Magay Fishermen’s Association, concerned residents of Borbon and Sogod towns, and the Sogod Development Corporation in the suit for alleged violations of Republic Act 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, and RA 8550 or the Fisheries Code of the Philippines.

The complainants alleged that Lhuillier’s ongoing reclamation project on the shorelines of Sogod and Borbon affecting the coastal barangays of Bingay and Campusong in Borbon and Calumboyan in Sogod has affected the marine resources in the said areas.

In fact, a cease-and-desist order has been issued by the EMB after several notices of violations have been served to the Lhuillier Land Development undertaking the alleged illegal reclamation.

According to the complainants, the backfilling activities stretching from barangays Bingay to Campusong and Calumboyan “constituted the prohibited acts of illegal dumping and throwing of construction debris” penalized under the Ecological Solid Waste Management Act.

The construction of at least 10 permanent dikes by Lhuillier within the easement zone allegedly without authority from the Philippine Reclamation Authority also violated Section 91-B of the Water Code.

Easement zone is an area reserved as a setback requirement for construction of houses and other structures along the beach and coastal zone intended for public use. On top of it, they also alleged that the defendants are liable for aquatic pollution.

The complainants are asking a writ of judicial abatement and demolition against the alleged illegally built dikes and reclamation structures erected within the easement zone.

They likewise asked for an order requiring Lhuillier or the DENR and EMB to undertake the immediate containment, cleanup, and rehabilitation of damaged marine environment off Sogod and Borbon coasts.

The complainants are asking the court to order environment officials to cancel all Environmental Compliance Certificates earlier granted to Lhuillier.

As early as February 2005, DENR and EMB already took notice of the alleged reckless earthmoving works by Lhuillier in Borbon. In fact, on May 12, 2005 a notice of violation was issued to him.

The notice however was set aside on October 6, 2005 after Lhuillier asked for reconsideration.

After inspection by the Provincial Environment and Natural Resources Office and the Community Environment and Natural Resources Office which found out that close and open cottages were constructed including backfilling of limestones along the beach were done, a second notice of violation was issued.

On March 27, 2006 a third notice was again issued after it was noticed that the activity which started in barangay Bingay already extended to Calumboyan and Campusong.

A fourth notice of violation was issued on April 6, 2006 until a cease-and-desist order came out on April 24. The private defendant moved for reconsideration which was partially granted by EMB but only as far as the penalty is concerned which was reduced from P200,000 to P150,000.

But despite the alleged refusal of Lhuillier to comply with the cease-and-desist order, the DENR issued on September 9, 2006 an ECC for its resort in Bingay and for barangay Calumboyan on September 26, 2006.

The Magay Fishermen’s Association filed a complaint before the EMB in August 2007 opposing the Foreshore Lease Application of Lhuillier. DENR formed a task force to look into the complaint.

The task force reported the existing structures built by Lhuillier and their observation on the water at the beach which they said was already turbid possibly caused by the crushed limestone used as filling materials.

The fishermen were also complaining on the “decline in shells catch” because of the reclamation. The task force even recommended that another cease-and-desist order be issued. — Fred P. Languido/MEEV (THE FREEMAN)