No Build Zone Policy

 No Build Zone Policy In line with the Government’s effort to promote safety and protection of its’s people, particularly in the Yolanda Yolanda (Haiyan affected areas, the classification of ha!ard !ones suscepti"le to onslau#ht of typhoon, floodin#, landslides, and other hydrometereolo#ical ha!ards is here"y adopted and the #uidelines for activities therein are here"y issued for the information and #uidelines of all concerned$ Basic Policy •

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It is the policy of the state to maintain peace and order, protect, life, li"erty, and property, property, and promote the #eneral #e neral welfare of the people as essential for the en%oyment "y all the people of the "lessin#s of democracy$ It is also the policy of the &tate to serve, protect and promote the ri#ht of the people to a "alance and healthful ecolo#y in accord with rhythm and harmony of nature$ It is the policy of the state to uphold the people’s constitutional ri#ht to life and property "y addressin# the root causes of vulnera"ilities to disasters, stren#thenin# the country’s institutional capacity for disaster ris' r is' reduction and mana#ement and "uildin# the resilience of local communities to disaster includin# climate chan#e impact$

e#al "asis )oint *+N-*IG-*N*-*P.H-*/&0 1emorandum 2ircular No$3456 7 45 epu"lic 8ct 9:; 'nown as the 2ivil 2ode of o f the Philippines  8rt$ ;9:$ 0he "an's of rivers and streams, even in case case they are of private ownership are su"%ect throu#hout their entire len#th and within a !one of three meters alon# their mar#ins, to easement of pu"lic use in the #eneral interest of navi#ation, floata#e, fishin#, and salva#e$ Presidential *ecree no$ 54;< 'nown as the .ater 2ode of the Philippines  8rt$ =5$ 0he "an's of rivers and streams and the shores of the seas and la'es throu#hout their entire len#th and within a !one of three (9 meters in ur"an areas, twenty (34 meters in a#ricultural areas and forty (64 meters in forest areas, alon# their mar#ins, are su"%ect to the easement of pu"lic use in the interest of recreation, navi#ation, floata#e, fishin# and salva#e$ No person shall "e allowed to stay in this !one lon#er than what is necessary for recreation,

navi#ation, floata#e, fishin# or salva#e or to "uild structures of any 'ind$ Presidential *ecree No$ 54>;, the National Buildin# 2ode of the Philippines &ection 54=$ &ite e?uirements$ 0he land or site upon which will "e constructed any "uildin# or structures, or any ancillary or au@iliary facilities thereto, shall "e sanitary, hy#ienic or safe$ In the case of site or "uildin# intended for the use as human ha"itation or a"ode, the same shall "e at a safe distance, as determined "y competent authorities, from streams or "odies of water and or sources considered to "e pollutedA from volcano site andor any other "uildin# considered to "e a potential source of fire and e@plosion$ Presidential *ecree No$ 699;, 1arch 59, 3459 on this, is an encum"rance imposed upon an immova"le for the "enefit of another immova"le "elon#in# to a different owner or for the "enefit of a community$ In other words, an easement is an imposition or "urden set on another property, which in this case is to "enefit the "roader pu"lic or the community$ 0his is somethin# that must "e done "y a property owner, to "enefit the pu"lic$ 8t the outset, an area set aside for this 'ind of easement cannot fence off an area to 'eep away the pu"lic as that area is for every"ody, for every"ody’s 'ind of purposes$ .hat the .ater 2ode envisa#es is either a 9-meter (for ur"an areas, 34-meter (in a#ricultural areas, or a 64-meter (in forest areas easements of pu"lic use, and as stated "y the 2ode, in the interest of recreation, navi#ation floata#e, fishin# and salva#e$ 0o further ela"orate what this easement for pu"lic use will entail, the 2ode further says E no person shall "e allowed to stay in this !one lon#er than what is necessary for recreation, navi#ation, floata#e, fishin# or salva#e or to "uild structures of any 'ind$ 0he idea of a no-"uild !one is of a different 'ind, and as #leaned from the statements of the *+N &ecretary, it means what it says, nothin# will "e "uilt in these areas, "ut the reason is to prevent further ha!ards from natural calamities such as earth?ua'es, and as recent e@perience has made us reali!e, includin# storm sur#es$ 0he *+N has not ela"orated what further uses of the area may "e possi"le in case nothin# is "uilt on it anymore, li'e what the .ater 2ode easements provide as discussed$ 0he &upreme 2ourt case earlier cited however mentions a *+N 8dministrative /rder No$ >>-35 which provides details on

these pu"lic easements$ &o, perhaps to clarify what can "e done and not "e done in these no-"uild !ones, perhaps a further administrative issuance may"e necessary$ .hat the P8 has proposed needs to "e further de"ated and reflected upon, perhaps it may only call for the dustin#-off and application of old laws that may actually suit what the situation calls for$ httpsE"itsin"its$wordpress$com3456495=understandin#-parrs-nono-"uild-!one-policy-#ood-"ad-or-what-and-who-will-have-the-finalsay 0he movement a#ainst no-"uild !one, no-dwell !one policy will spread li'e wildfire$ 0he people in the coastal communities will continue to e@pose and oppose this hi#hly unaccepta"le adventure of  the #overnment to deny our fisherfol' the ri#hts to livelihood and decent communities$ By G+Y 8B+0 2/PJZ Bulatlat$com 18NI8 7 8 national federation of small fisherfol' or#ani!ations has pressed the *epartment of +nvironment and Natural esources (*+N to dismantle all no-"uild !one mar'ers it had installed since last year and allow fishermen and other coastal villa#ers to return to their fishin# areas and communities$ In a press statement sent to media,, a copy of which was emailed to Bulatlat$com, the pro#ressive fisherfol' alliance Pam"ansan# a'as n# Oilusan# 1amamala'aya n# Pilipinas (Pamala'aya as'ed *+N &ecretary amon Pa%e to remove all temporary mar'ers it constructed indicatin# the 64-meter no "uild !one policy from the coastline of &an )oa?uin in Palo, eyte up to &an )uanico Brid#e in 0aclo"an 2ity$ In the name of the collective interest and #enuine sentiment of the people of 0aclo"an and +astern Kisayas, we here"y order the office of *+N &ecretary amon Pa%e to remove the no-"uild !one mar'ers from Palo to &an )uanico Brid#e and allow the safe return of small fishermen to their place of economic activity and a"ode, said Pamala'aya vice chairperson &alvador Crance$ 0he Pamala'aya leader noted that the no-"uild !one currently imposed "y *+N covers some 9=$:: 'ilometers from Palo to

0aclo"an 2ity$ Crance said the mar'ers were installed "y the *epartment of Pu"lic.or's and Hi#hways (*P.H upon the re?uest of the environment a#ency$ &omethin# must "e done to stop 1alacaQan#, the *+N, the *P.H and the reha"ilitation tas' force of Panfilo acson from clearin# the area of small fisherfol' to #ive way to "i# "usiness #roups$ 0he reha"ilitation, which the #overnment wants to carry out, is e@tremely anti-people, added Crance$

Pamala'aya last wee' sta#ed a 54-"oat fluvial protest in a#una a'e to protest the no-"uild !one, no-dwellin# !one policy currently imposed in coastal areas in 0aclo"an 2ity and the rest of +astern Kisayas, which were rava#ed "y super typhoon Yolanda last year$ 0he protesters maintained that the same will "e soon carried out in nine la'e towns of i!al and 5: towns of a#una and the cities of 0a#ui# and 1untinlupa and would displace 9$> million people mainly small fishermen, poor farmers and ur"an poor around the >4,444 hectare la'e$ 0he 54-"oats powered "y ra#ta# ei#ht-horsepower en#ines sailed alon# Binan#onan fishport and carried placards containin# the demand for the scrappin# of no-"uild !one, no-dwell !one policy and the dismantlin# of Napindan Hydraulic 2ontrol &tructure (N2H& to allow salt water from 1anila Bay to enter a#una de Bay via the Pasi# iver to allow the cleansin# of the la'e and #et rid of invasive fish species li'e %anitor fish, sna'e turtle fish and 'nife fish presently pesterin# other edi"le fishes in the la'e$ Pamala'aya said the fluvial protest in a#una a'e is the "e#innin# of a lon#-runnin# "attle a#ainst the no-"uild !one, no-dwell !one policy$ He said more protests a#ainst the policy would "e sta#ed in different parts of the country this month$ 0he Pamala'aya leader said protests a#ainst the no-"uild, no-dwell !one policy will also "e sta#ed in 0aclo"an 2ity and other coastal towns of eyte and +astern &amar, Northern Ne#ros, Northern 2e"u, Northern Iloilo, 8'lan, 2api! in Panay Island and Palawan in &outhern 0a#alo# re#ion$ 0he movement a#ainst no-"uild !one, no-dwell !one policy will spread li'e wildfire$ 0he people in the coastal communities will continue to e@pose and oppose this hi#hly unaccepta"le adventure of 

the #overnment to deny our fisherfol' the ri#hts to livelihood and decent communities$ 0he #overnment of President Beni#no 8?uino III has no option "ut to recall the policy and stop transnational corporations and their local "i# partners from pursuin# their land and coastal #ra""in# sprees in Yolanda stric'en areas, the #roup said$ 34,444-hour deadline

0he 8?uino administration had imposed a 34,444-hour deadline for reha"ilitation c!ar Panfilo acson to e@pedite the reha"ilitation of areas devastated "y 0yphoon Yolanda$ 8mon# those corporations that accepted the offer of the national #overnment to underta'e the reha"ilitation of Yolanda stric'en areas are mem"ers of the Philippine Business for &ocial Pro#ress (PB&P F a non-#overnment or#ani!ation created "y the corporate sector to respond to poverty durin# the 1arcos administration 7 and the Philippine *isaster esponse Coundation (P*C, comprised "y the same companies or#ani!ed last year at the hei#ht of calamities that struc' the country$ *anilo 8ntonio, undersecretary of the reha"ilitation campai#n said the "i# corporations are called development sponsors tapped to identify and carry out priority pro%ects in Yolanda devastated areas such as housin#, education, health and livelihood$ He said the reha"ilitation of 0aclo"an 2ity will "e underta'en "y the Philippine on# *istance 0elephone 2o (P*0 and the International 2ontainer 0erminal &ervices Inc (I20&I$ In 2e"u, the #overnment will tap the services of 8"oiti! and 1etro Gaisano #roups, while in Ne#ros /ccidental, the reha"ilitation pro%ects will "e funded "y the 8yala #roup of companies$ 0he national #overnment also earmar'ed the 3nd district of eyte for the ope! #roup, while the 1etro"an' #roup will ta'e the town of Palo also in eyte$ 1eanwhile, 8'lan, will "e handled a#ain "y the 8yala #roup and Glo"e 0elecom, while the =th district of Iloilo will "e handled "y 8yala and$ 0he reha"ilitation contracts for the 6th district of Iloilo will "e cornered "y )G &ummit Holdin#s, the 5st district of Iloilo will #o to 1etro Pacific Investments 2orp$ while Guian in &amar province will "e #iven to Nic'el 8sia and other reha"ilitation pro%ects in the rest of the &amar will "e #iven to 8B&-2BN 2orporation$

0he national #overnment has earmar'ed P9;4 "illion fund for "i# "usiness while the people are still sufferin# from poverty, sic'ness and loss of opportunities$ 0he reha"ilitation pro#ram is for "usiness opportunities and not for people’s reha"ilitation at all, the Pamala'aya leader lamented$ 0he #roup maintained that the no-"uild !one, no-dwellin# !one policy which reha"ilitation secretary acson wants to carry out in areas devastated "y super typhoon Yolanda in +astern Kisayas and other provinces will cover 56