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Boracay claimants seek oral argument

To bring in legal luminaries before SC

By Nestor P. Burgos Jr.
Philippine Daily Inquirer
First Posted 19:22:00 11/19/2008

Filed Under: Judiciary (system of justice), Laws, Tourism, Investments

ILOILO CITY, Philippines -- The claimants of lots on Boracay Island have asked the Supreme Court to allow oral arguments on their appeal to its ruling declaring the island-resort public land.

In a petition filed before the Supreme Court on Tuesday, lawyer Stephen Arceno also asked the high court to allow the participation of experts and legal luminaries as amicus curiae (friends of the court) in presenting their arguments.

Arceno represents three petitioners -- former mayor Jose Yap and resort owners Orlando Sacay and Wilfredo Gelito.

The petitioners have filed a motion for consideration questioning the October 8 resolution of the high court affirming Presidential Proclamation 1064, which was issued by President Gloria Macapagal-Arroyo on May 22, 2006.

It declared the 1,000-hectare island public land and categorized more than half of it as alienable and disposable.

The high court also ruled that lot occupants on the island did not acquire vested rights to their properties despite investing in them for years.

Another motion for reconsideration was filed separately by petitioners Mila Sumndad, Aniceto Yap and Libertad Talapian.

There are bills pending in Congress that would recognize land ownership over properties that have been occupied by private investors for the past 30 years.

Some property occupants welcomed the ruling but others have expressed concern they could lose their properties and investments because of the land titling processes under present laws.

Boracay investors in Hong Kong last week held a press conference accusing the government of a "land-grab" because of the proclamation and Supreme Court ruling.

Environment Secretary Jose Atienza has assured the investors and the titleholders on the island that all legal investments and legally owned properties would be respected and protected.

In pushing for oral arguments at the Supreme Court, Arceno said these would help clarify the complicated issues related to the case.

"This not only affects Boracay but all areas that are unclassified but already occupied and titled," Arceno told the Philippine Daily Inquirer in a telephone interview. "This will set a dangerous precedent," he said.

He said the outcome of the case could also affect international relations because of its possible impact on investments of foreign nationals, which were considerable on Boracay Island.



Copyright 2009 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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