Boracay residents to SC: Reconsider ruling on resort island’s closure
Credit to Author: mfrialde| Date: Tue, 19 Mar 2019 09:30:20 +0000
MANILA, Philippines–Residents and a worker from Boracay have asked the Supreme Court to reconsider its February ruling that affirmed the legality of the closure for six months last year of the resort island.
In a 36-page motion for reconsideration, petitioners Mark Anthony Zabal, Thiting Estoso Jacosalem and Odeon Bandiola through their counsel, Angelo Karlo Guillen of the National Union of Peoples’ Lawyers (NUPL) urged the High Court to reconsider its February 12 decision.
The Feb. 12 ruling affirmed Proclamation No. 475 issued by President Rodrigo Duterte which ordered the closure of Boracay last year to pave way for its rehabilitation.
The petitioners insisted that their rights, however “fleeting” were impeded by President’s order.
“The curtailment of a fundamental right is no less serious merely because it is temporary, It should also be pointed out that the temporary nature of the infringement does not change the fact that the damage had been done, with the livelihoods of thousands of workers—petitioners included—being affected or lost, all to the detriment of these workers and their families,” they said.
Petitioners added that there is no national security, public safety or public health situation that called for the curtailment the public’s right to travel.
“Curtailment of these fundamental rights cannot be taken lightly. In the vast ocean of State power and authority, the Bill of Rights serves as a lifeboat for citizens who may find themselves drowning in government excesses,” the petitioners added.
In upholding the President’s order, the SC agreed with Solicitor General Jose Calida that the President issued the closure order in exercise of his power as Chief Executive under Sections 1 and 17, Article VII of the Constitution and declared Boracay under state of calamity upon recommendation by the National Disaster Risk Reduction and Management Council. /muf
