CEBU CITY – The management of a high-rise resort project in Bantayan Island, Cebu province, whose construction has been ordered stopped due to supposed environmental violations, has insisted that there was nothing illegal with the building.
BARICUATRO (FB)
The management of The Stria, an 11-story luxury condominium and resort, said the suspension order has no basis, claiming that the site in Barangay Poblacion is classified as alienable and disposable (A&D) land under the Bantayan Island Wilderness Area (BIWA) General Management Plan approved by the Department of Environment and Natural Resources (DENR) in 2015.
The Stria’s rebuttal came after Mayor Ithamar Espinosa and Gov. Pamela Baricuatro ordered the suspension of civil works.
The order was issued after the Environmental Management Bureau-Central Visayas moved to freeze the project’s Environmental Compliance Certificate (ECC) after the developer failed to settle a P275,000 fine and comply with a violation notice issued on Aug. 1.
Authorities said buildings in the area should not be more than three-story high but the Stria already reached 11 floors.
Part of the structure extended into the 20-meter coastal salvage zone required under the Water Code of the Philippines, inspectors said.
In a statement, the management argued that because A&D land is excluded from the National Integrated Protected Areas System (NIPAS) Act, height limits and other restrictions under DENR Administrative Order (DAO) 2009-09 do not apply.
The company contested the EMB-Central Visayas’ suspension of its ECC.
According to The Stria, EMB-7’s order was based on BIWA Protected Area Management Board Resolution No. 14, Series of 2022, which it described as “not an actionable document” that can suspend an ECC.
It added that the ECC, issued in December 2022, carries no height restriction and already reflects the 22,781-square-meter project description approved by the DENR.
The Stria cited support from the Santa Fe local government, noting that Municipal Ordinance No. 14-2023 authorizes the construction of an 11-story mixed-use building, while Resolution No. 83-2022 endorsed the project to the PAMB, DENR, and other agencies for clearances.
It said DAO 2009-09’s phrase that structures over 10 meters “should be avoided” is advisory, not mandatory, and argued the 10-meter height limit is arbitrary and lacks technical basis.
The company noted that it is building a sewage treatment facility that goes beyond what many establishments on the island provide.
The management asked EMB-7 to lift its suspension and withdraw any cease-and-desist orders to enable civil works to proceed.