Court stops clearing of Kawasan Falls
The couple who owned recreation facilities near the Kawasan Falls in Badian town have something to smile about.
The court issued a preliminary injunction prohibiting Cebu Gov. Gwendolyn Garcia and other agents of the Capitol from further destroying properties owned by spouses Wilhelmino and Emma Saldua.
The governor led the demolition of concrete structures last April for illegally falling within the easement zone of the river.
Judge Leopoldo Cañete of the Regional Trial Court in Barili town, Cebu said a hearing will determine whether it is necessary to remove commercial establishments that province officials say would destroy the natural beauty of the Kawasan water falls
The judge cautioned the province to observe due process in destroying “illegal structures.”
He said the petitioners “were not nuisanances” and “can even be considered law-abiding citizens” becaue they secured licenses and permits before engaging in business near the waterfalls, from which the couple earns a living.
The judge said the preliminary injunction he issued “may change” depending on the evidence presented during the trial.
The judge ordered the governor and other Capitol agents to refrain from further demolition and other related activities against the petitioners’ remaining properties near and/or adjoining the Kawasan falls and river.
The couple’s lawyer Florencio Yosores said agents of the Capitol seemed to disregard the court order.
He said he would ask the court to order agents of the province to explain why the owners are prohibited from resuming their business operations.
The Kawasan waterfalls is owned by the State, not the province, he said.
He said the Department of Environment and Natural Resources has authority over the falls.
“What is the right of the province to close the businesses in the area? Why are we being ejected fro our own property?,” he said.
Yosores said Garcia is liable for usurpation of authority for demolishing structures there last April 16.
Governor Garcia issued an executive order on April 17 declaring the Kawasan Falls temporarily closed to tourists.
Yosores said the “concrete improvements” introduced by the Saldua couple have environmental clearances and that the action of Governor Garcia “is clearly not only illegal but very inhuman to petitioner.”
In a separate interview, Governor Garcia insisted that “the injunction is directed at houses and other structures built along the riverbank. But we have already cleared the waterways.”
“How to deal with these structures? We will talk with the owners,” she told reporters.
“But we will continue to stand by our assertion as supported by the DENR that certain easement zones must be observed. We cannot allow structures to be built very near the water. There is a required easement. But there are many structures there that do not observe the easement zones.”
Several tour operators and the Department of Tourism commended the governor’s action in removing picnic kiosks, steel railings, rafts and cottages from Kawasan Falls, saying commercial activity there had gone overboard and made the nature spot an eyesore.
