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Advocates Philippines
SC To Beach Squatters: Pack Up! Unauthorized Videoke Bars, Sari-Sari Stores On Public Land Can Be Demolished
Photo credit: SC
If you’ve ever walked along a beach and stumbled across random videoke machines, sari-sari stores, or even carinderias set up without permits, here’s some big news: the Supreme Court (SC) says those structures can legally be torn down.
In a decision penned by Associate Justice Amy C. Lazaro-Javier, the SC’s Second Division ruled that unauthorized structures on public land — like Matabungkay Beach in Lian, Batangas — are public nuisances and can be demolished. This includes makeshift businesses that have popped up on the shore without the proper go-ahead from the Department of Environment and Natural Resources (DENR).
This all started when the owners of Villa Alexandra Beach Resort and Restaurant filed a case against Pablo and Patnubay Isla Calimlim. The Calimlims had been operating informal structures — think food stalls, billiard tables, and videoke joints — on the beach for over 50 years. The resort owners said these unpermitted setups were hurting their business, bothering their guests, and even causing financial losses.
The Calimlims, for their part, argued that they had been there way before the resort ever existed and had no intention of disrupting anyone.
At first, the Regional Trial Court (RTC) sided with the Calimlims, saying the resort owners didn’t prove any real damage. But the Court of Appeals (CA) thought otherwise, declaring the illegal structures as a public nuisance — and the Supreme Court agreed.
The SC pointed to Article 694 of the Civil Code, which basically says anything that harms people’s health or safety, offends the senses, or interferes with public property can be considered a nuisance — and if it affects a bunch of people, it’s a public nuisance.
The kicker? The Calimlims had no lease agreement with the DENR — a must if you want to build anything on foreshore land under the Public Land Act. Their lease application was actually denied, and even after getting multiple Notices to Vacate, they stayed put.
Worse, evidence showed their structures were creating real problems: dirty water coming from their toilets was reportedly reaching the beach, their open-fire kitchen had already caused at least one fire, and their buildings didn’t have permits — raising safety red flags.
Bottom line? If you’re setting up shop on public land without permission, don’t be surprised if you’re ordered to pack up. The Supreme Court has made it crystal clear: public land is for everyone’s use — and it’s not a free-for-all marketplace.
In a decision penned by Associate Justice Amy C. Lazaro-Javier, the SC’s Second Division ruled that unauthorized structures on public land — like Matabungkay Beach in Lian, Batangas — are public nuisances and can be demolished. This includes makeshift businesses that have popped up on the shore without the proper go-ahead from the Department of Environment and Natural Resources (DENR).
This all started when the owners of Villa Alexandra Beach Resort and Restaurant filed a case against Pablo and Patnubay Isla Calimlim. The Calimlims had been operating informal structures — think food stalls, billiard tables, and videoke joints — on the beach for over 50 years. The resort owners said these unpermitted setups were hurting their business, bothering their guests, and even causing financial losses.
The Calimlims, for their part, argued that they had been there way before the resort ever existed and had no intention of disrupting anyone.
At first, the Regional Trial Court (RTC) sided with the Calimlims, saying the resort owners didn’t prove any real damage. But the Court of Appeals (CA) thought otherwise, declaring the illegal structures as a public nuisance — and the Supreme Court agreed.
The SC pointed to Article 694 of the Civil Code, which basically says anything that harms people’s health or safety, offends the senses, or interferes with public property can be considered a nuisance — and if it affects a bunch of people, it’s a public nuisance.
The kicker? The Calimlims had no lease agreement with the DENR — a must if you want to build anything on foreshore land under the Public Land Act. Their lease application was actually denied, and even after getting multiple Notices to Vacate, they stayed put.
Worse, evidence showed their structures were creating real problems: dirty water coming from their toilets was reportedly reaching the beach, their open-fire kitchen had already caused at least one fire, and their buildings didn’t have permits — raising safety red flags.
Bottom line? If you’re setting up shop on public land without permission, don’t be surprised if you’re ordered to pack up. The Supreme Court has made it crystal clear: public land is for everyone’s use — and it’s not a free-for-all marketplace.
Apr 21, 2025
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