Bora bye
It's happened! The president has ordered the closure of Boracay Island!
What next? Where next? Who next?
I can imagine the gnashing of teeth as business owners curse their losses, the frustration of foreign tourists all set to explore the best island destination for the first time, the worry of breadwinners relying on tourists for their daily bread. And let's not forget, (although I would love to) the party animals who were all set to dance their cares away this Laboracay.
That's just the initial reaction. Soon to come, the rubbing in glee of lawyers' hands, as they anticipate clients running to their firms to seek legal relief. Cue petitions for injunctions galore in three, two, one...
What would be the arguments dreamed up by the enterprising eagles?
Establishments that complied with environmental standards would stress that the closure order disproportionately impacts them. They will argue that even if they took the pain and hassle of complying with the permits and safety measures, they are still not going to be allowed to operate. So that unfair treatment would be a punishment they did not deserve. And a court can prevent the government from administering undeserved punishment.
And for individuals who are itching to wander around our sunny isles, what would be the authority of the government to restrict a person's constitutional freedom to travel? A person's mobility is enshrined in the Constitution. So why would the violation by a few companies result in restricting others who had no hand in the environmental violation?
There are no imminent dangers to life if the island stays open. Sure, there might be potential threats to health as a result of swimming in dirty beaches. But not everyone who enters the island necessarily has to swim, or even go to the beach (relaxing massages poolside come to mind). So the police powers of the state, which of course is going to be invoked by the solicitor general, is going to be sorely tested.
Pitted against these arguments would be the state's duty to protect the ecology, the people's right to a safe and beautiful environment, the need to repair damage done, enforce laws, and pursue violators.
Let's expect case law to come out after years of bruising litigation on this precedent. Hopefully good case law, as less erudite justices might mess up the analytical framework.
Speaking of which, I pity the Regional Trial Court judges who are going to have to receive the first salvo of petitions. They're going to have to face the practical reality of being bombarded by trolls the instant that they issue an injunction order pending trial. Not to mention getting the ire of the president. Let's see if anyone will have the gumption to issue that TRO.
Personally, I want to see the prosecution of the mayors who allowed the building violations. Over the years, permit after building permit was issued. Then, after construction, occupancy permits were issued. Then, mayor's permits kept getting renewed. So definitely, someone wasn't doing their job inspecting the premises. So please, dear government (and especially newly-appointed Secretary of Justice) make sure those officials who slept at their desks are prosecuted, at the very least, for negligence.
Then, there were also those in the environment bureau who reportedly issued fake land titles. Those should also be fried. I mean, tried.
These prosecutions will serve as a warning to anyone who took advantage of the trust reposed in them by the taxpayers. And then we can clean up, in more ways than just one sandy beach, our islands.
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