Palace to SC: Junk petition vs Boracay closure

The Supreme Court (SC) should junk a petition questioning the closure of Boracay for six months, according to Malacañang.

In a 61-page comment filed last month, Solicitor General Jose Calida sought the dismissal of the petition to nullify Proclamation 475 issued by President Duterte for lack of merit.

Boracay residents Mark Anthony Zabal, Thiting Jacosalem and Odeon Bandiola, who filed the petition, said Duterte had no authority to close down the island based on a supposed police power.

However, Calida said the President issued the closure order in exercise of his power as Chief Executive under Sections 1 and 17, Article 7 of the Constitution. He added that Boracay was placed under a state of calamity upon the recommendation of the National Disaster Risk Reduction and Management Council.

“The situation called for a strong and urgent measure to address human-induced hazards that have caused the degradation of Boracay island’s ecosystem... Procla- mation 475 is nothing more than the President’s exercise of his power of control over the executive branch of government, especially in addressing the state of calamity on Boracay island,” Calida said.

The President was “merely implementing the policies laid out by the legislative department in various pertinent laws,” Calida said in reaction to the petitioners’ claim that Duterte usurped legislative power when he issued the proclamation.

Meanwhile, Duterte said he is leaving it up to the Office of the Ombudsman to file charges against local officials and other politicians responsible for the destruction of Boracay.

The President also reiterated that he would not allow the establishment of a casino in Boracay.

Sen. Cynthia Villar urged the Department of Environment and Natural Resources and other government agencies to help establishments in Boracay comply with legal and environmental requirements before its scheduled opening in October.

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