Palace slams bid to stop Boracay closure

MALACAÑANG hit Wednesday, April 25, the petition filed by at least three individuals asking the Supreme Court (SC) to stop the temporary closure of Boracay Island to tourists.

Presidential Spokesperson Harry Roque Jr. said there was "no reason" to challenge President Rodrigo Duterte's six-month closure order of the popular tourist destination that will begin Thursday, April 26.

He said the government was merely wielding its police power to protect Boracay, which is beleaguered with environmental issues.

"In any case, the closure is because of the inherent police power of the state to protect the environment in Boracay," he said.

He also said the President has the juridisction to give such directive, since the high court already ruled that Boracay is state-owned.

He was referring to the high court's decision in October 2008, saying there is no legal basis for private entities to claim ownership in Boracay, as the island is part of the public domain.

"While the President respects the Court, we see absolutely no merit for any private party to restraint the closure of Boracay to tourists, given that SC itself has previously ruled that Boracay is owned primarily by the state," he said.

"We see no reason how private persons can allege and prove irreparable injuries, a prerequisite for TRO, given that their stay in the island is by mere tolerance of the State," he added.

The presidential spokesman hence said that no one can stop the closure of Boracay, unless the high court issues a TRO.

"Unless a TRO is issued, the planned closure of Boracay to tourists, shall proceed," Roque said.

The Palace official's remark was in response to the filing of a petition by two workers and a tourist in Boracay, asking the high court to issue a temporary restraining order (TRO) against the forthcoming closure of the island.

The petitioners, who are assisted by the National Union of People's Lawyers, said Duterte "gravely abused and exceeded his authority under the Constitution" when he ordered the closure.

Read: SC urged to stop closure of Boracay

On April 4, Duterte heeded the recommendation of the inter-agency task force on Boracay to bar tourists from going to the island to pave way for the rehabilitation efforts of the beach destination.

On Tuesday, April 24, Roque said in a television interview that the President would place Boracay under a state of calamity before the start of the closure, in a bid to hasten the clean-up of the island. Duterte, however, has yet to sign an EO. (SunStar Philippines)