The Department of Environment and Natural Resources on Monday is still mum in giving its position to the encroached Baloc-Baloc Creek in Parañaque City, a small waterway between Camella Classic Homes in Barangay Don Bosco and Multinational Village in Barangay Moonwalk.
Residents in the area blamed the Wing-An Garden Resort owned by businessman Salwen Lao.
However, a check made at the DENR showed it has released a set of guidelines on the disposition of lands formed by accretion adjacent to agricultural areas, and management of river islets and dried creeks and river beds.
It was issued during the time of former DENR Secretary Roy A. Cimatu who signed the DENR Administrative Order (DAO) 2020-16 as he recognized the urgent need to revisit and improve policies and procedures pertaining to the survey, disposition, and management of public lands on unstable and impermanent landforms.
The DAO is pursuant to Executive Order No. 192 or the Reorganization Act of DENR of 1987, Republic Act No. 9729 known as the Climate Change Act of 2009, Republic Act No. 10121 known as the Philippine Disaster Risk Reduction and Management Act of 2010, Public Land Act, and Civil Code of the Philippines.
It said that dried creeks and river beds shall not be alienated since these belong to the state as property of public dominion, according to Article 502 of the Civil Code of the Philippines.
The DENR regional office, through the Community Environment and Natural Resources Office (CENRO), Mines and Geosciences Bureau (MGB), and designated divisions from the regional offices shall assess and determine the physical and biological conditions, including ecology, geology, topography, hydrology, soil quality, and exposure to environmental and climate risks of the lands.
In extreme cases, it added that these areas may be designated as no-build zone areas.