No court order stops demolition of buildings encroaching on Boracay beach easement
ILOILO CITY –– The demolition of residential and commercial buildings allegedly encroaching on the beach easement on Boracay Island will continue as the Aklan Regional Trial Court (RTC) has yet to rule on the issuance of an injunction being sought by property owners.
In a hearing on Monday, Judge Ronald Exmundo of the Kalibo, Aklan RTC Branch 7 granted the motion to intervene filed by the Department of Environment and Natural Resources (DENR) as represented by the Office of the Solicitor General in the civil case filed by property owners against the local government of Malay town in Aklan.
Exmundo gave the DENR five days to comment on the issuance of a preliminary injunction being sought by the owners of 10 commercial and residential buildings along Bulabog Beach in Boracay.
But the court did not order the stopping of the demolition of portions of the properties before the issuance of a preliminary injunction is resolved.
Exmundo issued a 20-day temporary restraining order on Oct. 15, which lapsed on Nov. 4. Only an injunction can stop further demolition of the properties.
Lawyer Salvador Paolo Panelo Jr., legal counsel of the property owners, said they have appealed to the local government of Malay and DENR to hold off any further demolition before the court ruled on the injunction but no agreement was reached.
The Boracay Inter-Agency Rehabilitation Management Group on Nov. 7 implemented the demolition of parts of structures of 10 buildings, which purportedly encroached on the 30-meter beach easement.
Those affected by the demolition were the Aira Hotel, Ventoso Residences, Freestyle Academy Kite Surfing School, Kite Center at Banana Bay, Wind Riders Inn, Pahuwayan Suites, Boracay Gems, Unit 101 of 7 Stones Boracay Suites, Unit 107 of 7 Stones Boracay Suites and Lumbung Residences.
The property owners have filed a civil case against the local government of Malay to declare the demolition orders issued by the municipal government illegal and null and void.
They insisted that they have already complied with the beach easement and their properties were built based on permits and licenses issued by the government./lzb
