TOURISTS continue to arrive in Boracay, with its 4 kilometers of white, powdery fine sand, resorts, hotels and restaurants.MARK ALVIC ESPLANA/INQUIRER SOUTHERN LUZON.
ILOILO CITY—The Department of Environment and Natural Resources (DENR) has rejected for lack of merit an appeal of the owner of a controversial resort in Boracay to reconsider the termination of its land use agreement with the government.
In a three-page resolution issued on April 24, DENR Undersecretary for Field Operations Demetrio Ignacio Jr. upheld his Sept. 12, 2014, order canceling the 25-year Forest Land Use Agreement for Tourism Purposes (FLAgT) issued to Boracay Westcove resort.
A FLAgT allows the temporary use, occupation and development of any forest land for tourism purposes for 25 years renewable for another 25 years. The agreement covers forest lands to be used for bathing, camp sites, ecotourism destinations, hotel sites and other tourism purposes.
The DENR ordered the cancellation of the FLAgT to Boracay Westcove for violating the terms of the agreement by putting permanent structures in an area covering 3,159 square meters which was outside the 998-square-meter area in Barangay Balabag covered by the lease agreement.
In his appeal, resort owner Crisostomo Aquino had argued that he was denied due process in the termination of agreement. He also claimed that the resort did not “purposedly introduce aesthetic improvements outside the FLAgT.”
Aquino also questioned Ignacio’s authority in canceling the FLAgT as this was issued by the DENR Secretary.
Given opportunity
Ignacio in his order said the resort was given “all the opportunity to be heard and present its case.”
He said the resort also introduced improvements outside the coverage area even if its application for expansion of structures was still pending.
The improvements were also not covered by any local government permit, according to Ignacio.
He also asserted that the order of cancellation was valid because it was issued under the authority of the DENR secretary.
Aquino’s lawyer Florante Roxas earlier told the Inquirer that they would bring the case to the Supreme Court if the DENR denies their motion for reconsideration.
Aquino has repeatedly insisted that he has not violated the FLAgT and environmental laws. He said the local government had ignored his application for permits and accused the government agencies of singling out his resort.
But the resort has drawn criticisms and controversy for building structures on natural rock formations and operating for years without business and building permits.