EDITORIAL

Legality of Boracay West Cove

by ERNESTO T. SOLIDUM

On July 19, 2012, Malay Mayor John Yap acting on the reported violations of Municipal Ordinance No. 2000-131 by Boracay West Cove Management Philippines, Inc. (BWCMP) caused the demolition of 35 percent of permanent structures on the northern portion of the property. The property owner believed the action sent wrong signal to the business community, that private public partnership is not workable under P-noy leadership. 

(On the other hand, it warned others to fully comply with the laws and avoid defying it.)

As of this writing, another demolition schedule is underway that would target iconic view decks of West Cove. LGU Malay reportedly spent P1 million for the demolition expenses. Perhaps another P1 million of taxpayers’ money for the second demolition will be spent. (Which LGU will demolish a structure that complies religiously with the laws?)

In a presscon held on October 9, 2012 at BWCMP, Crisostomo B. Aquino, President and majority shareholder maintained that Mayor John Yap has no authority whatsoever to impose Municipal Ordinance No. 2000-131 since he (Aquino) is legitimate grantee of Forest Land Use Agreement for Tourism (Flag T) No. 0-2000 issued December 22, 2009 by Sec. Jose Atienza, Jr. This is confirmed by Dr. Alicia L. Lustica, OIC-RTD for Research, DENR. 

The DENR has jurisdiction over all forest land based on mandate of EO 192, PD 705, PD 7180, DA 030-92, JMC 98-01. Classification of the area under Presidential Procl. No. 1064 signed by Pres. Arroyo on May 22, 2006 as well as the land classification of LC Map No. 3642 dated May 22, 2006, the applied area of BWCMP covering 10,586 sq m falls within the classification of forest land.

Legal counsels Atty. Florencio C. Roxas and Atty. Axel Gonzales are one in condemning arbitrary action of Mayor John Yap to forcefully demolish hundred million pesos worth of structure. It deprived Aquino and his clients to a constitutionally guaranteed right to due process and equal protection clause of the Constitution. 

Judicial proceeding should first be had before demolition and/or closure of business may be effected. As a matter of fact, a special order from the court is still needed after notice and hearing for the purpose of demolition before the officer in-charge can destroy, demolish or remove improvements over the property. (There was demolition order before that was aborted because of connection with the higher ups.) 

How about the absence of Mayor’s permit, building permit, occupancy permit and local clearance of Boracay West Cove?

General Manager Ben Hur P. Mobo III clarified that the above applications for the stated permits have been fully submitted months before the actual construction of the project in June 2007. Yet, to the surprise of BWCMP, Mayor John Yap just “sat” on the applications despite countless follow-ups. Finally, it was able to secure assessment payment for business and license permit from Municipal Treasurer. However, tendered checks amounting to P70,103.40 and another P103,865.66 were not received by the above official for taxable years covering 2009 and 2010. (What is the basis of computation and acceptance of the above stated amount?)

Cris Aquino revealed he was aggrieved by “tsunami” of lies and bad publicity that threatened his P100 million investment. He proposed to conduct proper cadastral survey to delineate approved Flag T of 998 sq. m. He will donate all permanent improvements to the government in excess of the approved Flag T area. 

It is noted that there are about 62 Flag T applications in Boracay being held in abeyance by DENR. Their current investments worth several millions of pesos are in danger of outright demolition. This also holds true with 200 establishments with illegal structures facing the long beach shoreline of Boracay.

Everybody must comply with the law, no exemption. The illegal must be demolished. Unlike business establishments facing the white beach that require 30 meter easement, Flag T grantees frequently do not have beaches but calcareous limestone rocks and forest trees. It is expected that developers/businessmen take extra environmental protection measures in making permanent improvements to preserve fragile ecosystem. The BWCMP has the organic architecture concept that draws thousands of visitors annually to experience “paradise on earth”.

Flag T program started during the time of DENR Sec. Mike Defensor. Whatever is the real reason for the sudden turnaround must be threshed out among stakeholders since policy and program of the government must be anchored on solid grounds, transparent and accountable. Neither must policy regulation be whimsical, arbitrary or abusive as to stifle private initiative. It must be noted that DOT Secretary Jimenez is optimistic about 10 million tourists coming to the country by 2016.

Indeed we are a government of laws and not of men. Let everybody comply with the law, rules, and regulations without exception. Mr. Cris Aquino must reimburse the town of Malay the one million pesos spent for demolition of the illegal structure at West Cove. /MP