ILOILO CITY—The Aklan Regional Trial Court (RTC) has stopped the demolition of 10 residential and commercial buildings on Boracay Island that are purportedly encroaching on the beach easement.
In a two-page temporary restraining order (TRO) issued on Oct. 15, acting presiding Judge Ronald Exmundo of Aklan RTC Branch 7 directed the Malay town government to “cease and desist” from implementing the demolition orders covering 10 structures along Bulabog Beach at the eastern side of the island.
A TRO has a maximum duration of 20 days from the date of issuance unless a writ of a preliminary injunction is issued by a court.
The order temporarily stopped the demolition of Aira Hotel, Ventoso Residences, Freestyle Academy Kite Surfing School, Kite Center at Banana Bay, Wind Riders Inn, Pahuwayan Suites, Boracay Gems, Unit 107 of 7 Stones Boracay Suites and Lumbung Residences.
The order was issued after property owners posted a P300,000 bond for the TRO in relation to a civil complaint.
On Wednesday, acting Malay Mayor Frolibar Bautista recalled the demolition orders.
‘Noncompliant’
Sought for comment, Natividad Bernardino, general manager of the Boracay Inter-Agency Rehabilitation Management Group, which manages the rehabilitation efforts on the island, said they would comply with the court order but would seek its lifting.
She said the structures covered by the TRO were among the 28 commercial and residential buildings which were “noncompliant” with the beach easement rule.
Boracay Island was closed to tourists for six months from April 26 to Oct. 25 last year to undergo rehabilitation.
A major component in the rehabilitation is the implementation of the “25+5-meter” easement along the beach. This is measured 25 m from the mean high water mark (the annual average of high and low tide levels) to the shoreline as beach easement. A stretch of 5 m is added for the beach path.
No structures are allowed to be put up within the 30-m area along the beach.
Structures that encroached on the easement along the white beach at the western side of the island have been removed by the owners or demolished by personnel under the Boracay Inter-Agency Task Force during and after the closure.
Questioned
But several property owners on Bulabog Beach have questioned the demolition orders and the boundary measurements that purportedly show their violation of the easement rule.
They said they had invested in their properties and put up their structures after they were issued building and other permits and clearances by the local government and other government agencies.
Bulabog Beach, parallel the popular White Beach at the other side of the island, is quieter and known for water sports
Water sports enthusiasts, including expatriates, have put up houses and businesses in the area.