Republic of the Philippines

City of Dapitan
CITY LEGAL OFFICE
Government Center National Highway, Corner Sunset Boulevard, Dawo, Dapitan City

14 April 2021

HON. ROSALINA JALOSJOS

City Mayor
Dapitan City

Honorable Mayor:

Greetings!

This is a reply to your letter which was duly received by our office on 13 April 2021, requesting
for legal opinion regarding a Facebook post made by the page “Buhatan sa Lehislatibo –
Dapitan City” which essentially contains an excerpt from the privilege speech delivered by Hon.
Gabriel Cad raising the validity of the construction of open-type cottages on the Sunset
Boulevard of this City.

The answer to the abovementioned query is simple and unequivocal – this office finds no
violation over the same.

The argument raised by Hon. Cad is grounded upon Ordinance No. 2005-176 entitled “AN
ORDINANCE PROHIBITING THE CONSTRUCTION OR BUILDING OF ANY
STRUCTURE, WHETHER PERMANENT OR TEMPORARY, WITHIN THE FORESHORE
AREA THAT HAD BEEN VACATED BY RESETTLED DWELLERS, AND FOR OTHER
PURPOSES”. However, we humbly opine that said ordinance was eventually repealed by City
Ordinance No. 2016-324 entitled “AN ORDINANCE REVISING THE ZONING
REGULATIONS FOR THE CITY OF DAPITAN AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER
SIMILAR PURPOSES” which was enacted in 2016.

The City Ordinance No. 2016-324 regulates the use of the foreshore areas of Dapitan Bay and
therefore effectively repealed the old ordinance (City Ordinance No. 2005-176) as its repealing
clause (Section 5 of Article XV) clearly provides:

Section 5. REPEALING CLAUSE. All other Ordinances, local administrative and legal
issuances, rules and regulations that are in conflict with the provisions of this Ordinance
are hereby repealed; provided such rights that are vested upon the effectivity of this
Ordinance shall not be impaired.

Specifically, said ordinance allows the construction of tourist-oriented structures as Section 13

thereof and clearly provides:

SECTION 13. SPECIAL USE REGULATION ON THE TOURISM ZONE PORTION

OF SUNSET BOULEVARD (FROM THE APPROACH OF POLO BRIDGE TO THE
STA. CRUZ CREEK) TO THE FORESHORE AREAS OF DAPITAN BAY. Except the
existing barangay, city and national government structures and facilities duly covered by
Zoning Locational Clearances and Building Permits from the Office of the Zoning
Administrator and Building Official respectively, which shall be exempt from special use
regulations set forth hereunder, the following shall be the use regulation in the area:

1. Private utilization of the strip of lands from Sunset Boulevard to the foreshore
area shall be in accordance with the pertinent provisions of R.A. No. 8550 or An
Act Providing for the Development and Conservation of the Fisheries and
Aquatic Resources, Integrating all Laws Pertinent thereto and for Other
Purposes and Section 27 of R.A. No 7160 and other pertinent applicable laws and
regulations.

2. For purposes of tourist development, only tourist-oriented structures and

facilities are allowed to be constructed along Sunset Boulevard, such as open
type cottages, picnic sheds, bathing facilities or shower rooms, beach amenities
(broiling grills, wash basins, trash bins and others) and structures which are
semi-permanent or temporary, provided, all the existing concrete steps on the
seawall leading to the beach be left free or accessible to the public and should
not be enclosed by fence or be within the temporary structures herein
described; provided further that pertinent provisions of the National Building
Code shall be meet. xx Emphasis supplied

3. Concrete structures, such as comfort rooms, kitchen and floors, are allowable
only in the strip of land from Sunset Boulevard to the beach area with a minimum
of 20 meters cross-sectional width. Cabanas are allowable provided that it is
constructed with light construction materials subject to the height and area
requirement prescribed by this Ordinance as recommended by the Office of the
City Tourism Officer. Parking areas can be allowed provided the space
requirements that shall be prescribed by the Office of the City Tourism Officer
can be meet; provided further that pertinent provisions of the National Building
Code shall be meet. xx Emphasis supplied

4. Where the lot is less than 20 meters in cross-sectional width in that strip of land
from Sunset Boulevard to the beach area, only kiosk type and/or open type
structures made of indigenous materials shall be allowed. Construction of
comfort rooms is strictly prohibited. Concrete floors for these structures can,
however, be allowed on recommendation of the Office of the City Tourism
Officer; provided that the structures are in conformance with the requirements of
the Building Code.

5. Where the allowable tourist oriented structures and/or facilities shall disturb the
environmental sanitation of the area as may be determined by the Zoning
Administrator, an Environmental Compliance Certificate (ECC) or its equivalent,
shall be secured from the Department of Environment and Natural Resources
before the start of the construction.

6. Fences shall be allowed provided that these are made of indigenous materials
with a maximum height of one and a half (1.5) meters following the design
recommended by the Office of the City Tourism Officer and will not obstruct the
view of the skyline.

All existing and proposed roads leading to the foreshore areas shall remain open
and must not be included in the fencing by the property owners so as to give free
access to the public.

7. Natural waterways in these regulated areas shall not be subject for development
to allow the free flow of marine and rain waters from and to the bay.
Furthermore, even granting arguendo that City Ordinance No. 2005-176 was not repealed by any
other subsequent ordinance, it must be stressed that construction within the subject area is still
not a violation of any sort. City Ordinance No. 2005-176, “AN ORDINANCE PROHIBITING
THE CONSTRUCTION OR BUILDING OF ANY STRUCTURE, WHETHER PERMANENT
OR TEMPORARY, WITHIN THE FORESHORE AREA THAT HAD BEEN VACATED
BY RESETTLED DWELLERS, AND FOR OTHER PURPOSES” [emphasis supplied], the
title itself will tell us that the prohibition of construction of any type of structure extends only to
the foreshore are that was vacated by the resettled dwellers. What must be emphasized is that
there were no dwellers over the area in dispute. Therefore, the prohibition by City Ordinance No.
2005-176 does not apply here.

Having said these, and considering the issuance of Executive Order No. 13 S. 2021 by the City
Mayor CREATING THE DAPITAN CITY BOULEVARD AUTHORITY, DEFINING ITS
COMPOSITION, DUTIES AND FUNCTIONS, the standards by which entities conduct
themselves with respect to the Dapitan Boulevards, both Sunrise and Sunset, shall be harmonized
and further clarified.
Please note that this legal opinion is rendered solely on the basis of the relevant documents
submitted unto this office.

Thank you!

For and in behalf of the City Legal Officer, ATTY. OLIVE CORRINE N. OLVIS-LACAYA

ATTY. KWIN LOCH O. FEBRA

Attorney I