MANILA — The Supreme Court has warned that illegally built structures and businesses on beaches and public lands, including videoke machines, may be demolished if they cause public disturbance.

In a decision of the 2nd Division promulgated on January 14, 2025, the court ruled against the unauthorized setting up of videoke machines, sari-sari stores, billiard tables, carinderias and other businesses on beaches.

The court dismissed the petition of spouses Pablo Calimlim and Patnubay Islam Calimlim for the reversal of the judgment of the Court of Appeals in favor of spouses Efren and Rafaelita Goño. 

CASE

The case stemmed from the complaint of the Goños in 2012 filed before the Nasugbu Regional Trial Court. Also in 2012, the RTC granted the substitution of Bienvenido and Joey Calimlim after the deaths of Pablo and Patnubay.

The Goños alleged in their complaint that the Calimlims operated informal structures and rest houses along the shore of Matabungkay Beach and provided videoke machines and other unauthorized amenities to tourists, adding that Calimlims had no necessary permits such as building permit, business permit, sanitary permit, mayor’s permit. 

The structures supposedly obstructed the view of Villa Alexandra owned by the Goños. The Calimlims however countered that they had been residing and occupying the premises for more than 50 years, prior to the establishment of Villa Alexandra.

The RTC dismissed the complaint of the Goños, stressing that they were unable to prove that the structures built by the Calimlims caused damage to their property, among others. The Goños then went to the Court of Appeals which eventually favored them and ordered the demolition of the structures.

The CA decision then prompted the Calimlims to file a petition for certiorari before the Supreme Court.

SC RULING

The SC upheld the finding of the CA that the nuisance alleged in the complaint of the Goños was properly characterized as a public nuisance.

“While the rest house and the facilities such as video machines, videoke sets, billiard tables, open-fire kitchen, carinderia, and sari-sari stores provided by spouses Calimlim are not, by themselves, a nuisance, we nevertheless agree that under the circumstances, spouses Calimlim's structures are a public nuisance,” the court said in the decision penned by Associate Justice Amy Lazaro-Javier.

The court also noted the “hazardous manner” by which the Calimlims are operating their businesses, such as unclean toilet water seeping into the dining area of Villa Alexandra as well as the constant threat of fire from an open kitchen which at one point nearly engulfed adjacent structures.

“As it was though, apart from spouses Calimlim's bare denial, they failed to present any piece of evidence to controvert the claims and proofs adduced by spouses Goño,” the court said.

The SC also agreed with the CA that temperate damages amounting to P10,000 be awarded to the Goños as well as exemplary damages amounting to P10,000.

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