SC asked to stop Boracay shutdown

MANILA, Philippines — On the eve of the six-month closure of Boracay Island, the Supreme Court (SC) was asked yesterday to halt the government-mandated shutdown aimed at cleaning up the world-renowned tourist destination.

In a 29-page petition, three residents of the island – Mark Anthony Zabal, Thiting Estoso Jacosalem and Odeon Bandiola – sought a temporary restraining order (TRO) against the closure.

The petitioners questioned the authority of President Duterte to close the island to tourists and non-residents, accusing him of violating constitutional rights to travel and due process, and arguing that only Congress can shut down the island.

Presidential spokesman Harry Roque said only a court TRO can stop the shutdown of Boracay. But the SC is in recess and may not be able to issue a TRO today even if the petition might have merit.

Through lawyer Angelo Karlo Guillen of the National Union of People’s Lawyers (NUPL)-Panay chapter, the petitioners argued that the order violated the separation of powers under the 1987 Constitution since the executive branch has no authority to close down the island based on its supposed police power.

“Police power is exercised through legislative bodies. It is the plenary power vested in the legislature to make statutes and ordinances to promote the health, morals, peace, education, good order or safety and general welfare of the people,” the petitioners argued.

They alleged that Duterte stepped on the power of Congress in issuing the closure order.

“Despite having the highest position in the land, President Duterte simply cannot, under our system of law, arrogate unto himself a power which the Constitution does not give him,” they stressed.

They further argued the order is unconstitutional insofar as it restricts the movement of the people within the country in violation of their right to travel under Article III Section 6 of the Charter.

“In this case, the ground for the restriction (of right to travel) has not been shown to exist. There is no national security, public safety or public health situation calling for the curtailment of the right to travel,” read the petition.

Photo shows policemen and soldiers resting before the start of a security exercise on the island.AFP 

The petitioners also claimed violation of their right to due process under Article III Section 1 of the Constitution, which they said includes their “property rights and right to work and earn a living.”

“The petitioners and all those who work, do business or earn living on the island are deprived of their livelihood,” they pointed out, adding the closure order is “unreasonable, arbitrary and excessive,” especially since the government has not provided a clear alternative to the 17,000  registered workers affected by the measure.

The petition named President Duterte, Executive Secretary Salvador Medialdea and Department of the Interior and Local Government officer-incharge Eduardo Año as respondents.

Guillen explained the implementation of today’s closure order would not make their prayer for issuance of TRO moot since the SC could still issue a status quo ante order upon hearing the petition.

Inherent power

The government is preparing to shut down Boracay starting today to rehabilitate the world-famous island resort.

President Duterte has ordered the holiday destination off-limits to tourists, saying the tiny island has become a “cesspool” tainted by sewage.

“Unless a TRO is issued, the planned closure of Boracay to tourists shall proceed,” Roque said.

Roque shrugged off the petition, saying the government can impose the closure since the island is owned by the state. He added the stay of private persons in the area was just allowed by the government.

“While the President respects the Court, we see absolutely no merit for any private party to restrain the closure of Boracay to tourists given that SC itself has previously ruled that Boracay is owned primarily by the state,” Roque said.

“We see no reason how private persons can allege and prove irreparable injuries, a prerequisite for TRO, given that their stay on the island is by mere tolerance of the state,” he said.

Roque invoked the government’s inherent police powers for the closure. He said the government has the “inherent police power of the state to protect the environment in Boracay.”

In a speech last March, Duterte warned courts against issuing TROs in the cleanup while he geared up for the declaration of a state of calamity in Boracay due to sewage and environmental concerns.

Duterte invoked public safety, interest and health issues in ordering the closure of the world famous island resort.  

Boracay was known as the crown jewel of Philippine tourism with its world-famous powdery white sand, but unchecked tourism and environmental degradation made it far from the tropical paradise it was decades ago.

Authorities said some of the hundreds of hotels and restaurants use the island’s drainage system to send untreated sewage into its surrounding turquoise waters.

The closure threatens the livelihood of 17,000 hotel, restaurant and other tourism workers, plus about 11,000 construction workers.

The island saw some two million visitors last year, pumping roughly $1 billion in revenue into the Philippine economy.

The government has promised to release P2 billion to help the estimated 35,000 workers affected by the island’s closure. 

On the eve of the closure, restaurants and bars had put up signs offering discounts, with most items on the menu already unavailable. 

Vendors slashed 50 percent off sunglasses and selfie sticks while tourists scrambled to get hold of Boracay souvenir shirts sold at half price.

“We call it the closure sale. We used to sell key chains in a buy one, get one promo. But now we sell ‘Buy one, get 10’,” said vendor Jenie Dagunan.

“We can’t eat these bracelets, might as well turn them into money,” she said.

Oversight

Malacañang said the President has not issued the proclamation placing the island under state of calamity as of yesterday, a day before the temporary closure of the tourist destination. 

Officials, however, claimed the funds for the rehabilitation of Boracay can be released pending the issuance of a proclamation.

Roque said the document can be released even after the island has been closed for rehabilitation. 

“They know that it (proclamation) will come out. So it’s a matter of issuing the document. So there is no problem with that. Before the implementation of the closure, it will come out. Even after the closure, it can still be issued because the closure will serve as the legal basis to fast track all the projects in Boracay. 

Otherwise, they will be subjected to regular processes of government procurement,” Roque told GMA News. 

“These projects will not start at once. My point is they know what will happen and anytime, the President would issue the proclamation,” he added. 

Philippine National Police (PNP) chief Director Oscar Albayalde said they would push through with the order to close Boracay today.

While acknowledging that the closure would adversely affect the tourism industry, Albayalde stressed it would just be temporary.

Labor Secretary Silvestre Bello III, for his part, said they have started implementing the emergency employment assistance to displaced workers in Boracay.

He added some 2,500 workers on the island were given emergency livelihood assistance.

Lawmakers, on the other hand, said they will closely watch the rehabilitation work on Boracay to make sure the closure will not be wasted.

Senate President Aquilino Pimentel III said they will exercise oversight functions, especially as the closure comes at huge costs, particularly the loss of revenues and jobs.

“We will conduct oversight if the government really kept its promise,” Pimentel said.

He said the closure, which is viewed by many as a step backwards for tourism, could turn out to be “two steps forward.”

“We need to do this – if that is cleaned and we open and reintroduce the brilliant Boracay, then it will become precious again,” Pimentel said.

While Congress may come up with new legislation to prevent a similar degradation of the country’s other tourist attractions, Pimentel stressed the responsibility lies primarily with the concerned local government units (LGUs).

“That’s why we want to find out why despite the many complaints from Boracay, the LGU did not act,” he said.

Magdalo Rep. Gary Alejano said the closure order on Boracay was just a “knee-jerk” reaction on the part of the government.

Alejano claimed the government had no concrete plans on how to address the problem on environment and congestion in Boracay.

Alejano said if a certain place is closed for the purpose of rehabilitation, there must be activities in that area from day one to six months.

“There must be daily activities but to them, there is none,” Alejano said. “What would they do? What’s the purpose?”

Alejano stressed the closure of Boracay should have been done in phases because thousands will be affected by a complete closure.

Overkill

Alejano added the closure should not be implemented all at the same time.

“This is like overkill. There are military, police and coast guard in the sea. It’s like martial law in Boracay. It’s really overkill,” he said.

The police preparing to implement the closure of Boracay staged drills in riot gear yesterday, startling the laid-back beach community as workers mounted a last-ditch effort to halt the six-month closure.

“The capability demonstration exercises were done to ensure that we have the appropriate and well-crafted response to any contingency that may arise as a result of the temporary closure of the world-renowned island,” Western Visayas regional police director Chief Supt. Cesar Hawthorne Binag said.

Some residents in the island, however, were not enthusiastic.

“I think it’s too much. We don’t think that any resident of Boracay would be swayed to go into protest or conduct violent actions against the closure,” said Elvira, a Boracay resident.

Facebook user Bill McGrath said, “This can’t happen in reality.”

Another netizen, Martina Sacapaño, said the police and military exercises might show that Boracay island is preparing for war.

Anakpawis Rep. Ariel Casilao agreed the security measures the administration has taken in Boracay were an overkill.

“The Navy, Coast Guard and the Armed Forces of the Philippines should deploy their ships and personnel to patrol the West Philippine Sea, not Boracay,” he said.

He said state agencies were imposing “overacting” security measures.

Bayan Muna Rep. Carlos Zarate said Duterte is imposing “virtual martial law” in Boracay.

He said restricting the entry of residents, businessmen and workers and requiring identification cards for them “violate their constitutional rights.”

Zarate added journalists are limited to 8 a.m. to 5 p.m. coverage, and are required to be escorted at all times and to get out of the island before darkness sets in.  – With  Alexis Romero, Christina Mendez, Jennifer Rendon, Paolo Romero, Eva Visperas, Artemio Dumlao, Jess Diaz, Rainier Allan Ronda, Sheila Crisostomo, AFP