Aussie resort owner to seek court intervention
The Australian resort operator on Boracay Island involved in an ownership dispute over the property is seeking court intervention to break the impasse with disputing parties.
Greg Hutchinson, operator of the Boracay Sandcastles Resort, will today ask the Kalibo Regional Trial Court through his lawyer to enforce a status quo order issued by the court allowing him possession of the disputed property until the court resolves pending petitions of parties involved in the dispute.
"We will ask the court to intervene so that the other parties will be ordered to leave the premises of the property," Hutchinson's lawyer Oscar Tagamolila said in a telephone interview Sunday.
Armed security guards hired by the owner of the lot, Editha Meren, and Evangeline Dalino, former sub-lessee of Hutchinson, took over the property Wednesday night claiming legal control over the property and because Hutchinson allegedly refused to leave the resort despite the termination of their lease agreement.
Hutchinson, his wife Viveca and their 5-year-old twin children have been holed up their third floor apartment room since the takeover. He claimed his family is being held against his will but this has been refuted by policemen posted at the resort.
Police have disarmed and removed the security guards. At least eight policemen have also been deployed at the property, according to Supt. Arnold Ardiente, chief of the Boracay Special Tourist Police Office (BSTPO).
Meren and Dalino has been allowed to stay at the property beside Hutchinson's apartment building.
Tagamolila said Judge Lebelia Aragona-Biliran of the RTC Branch 9 had issued an order in November last year allowing his client continued possession of the property until the court resolved a petition for the issuance of an injunction and temporary restraining order.
Hutchinson filed the petition to block the termination of a lease agreement with Meren.
Hutchinson had entered into a 20-year agreement with Meren in 1980 and extended it by 10 years until 2019.
Meren had terminated the contract alleging violations and breach of agreement committed by Hutchinson.
Wednesday's takeover was legal, according to Meren in an earlier telephone interview.
But Tagamolila said the takeover last Wednesday violated the court order.
"My client was in possession of the property at the time of the takeover. They need a court order to do that, which they didn't have,"said Tagamolila.
He added that even assuming that Meren was the rightful owner and occupant, "they should not have taken the law in their hands. It's only court sheriffs assisted by policemen that can enforce any occupation."
Tagamolila said the priority right now is to enforce the status quo order and the safety of his client.
But he said they plan to file criminal charges against Meren, Dalino and the armed men that occupied the property.
"Criminal acts were committed including trespassing, coercion, threats and destruction of property," he said.
Tagamolila said at least three persons, including Viveca's nephew Melchor Ferrer, were hurt during the takeover.
The Hutchinsons have accused policemen of tolerating the takeover because Meren is the sister of Mayor Ciceron Cawaling of Malay town, which governs the 1000-hectare island.
"The police should have immediately arrested and disarmed those who took over the property instead of waiting the next day and only after the regional police director ordered so," said Tagamolila.
Ardiente denied that they were favoring the mayor's sister.
"We are not under the local government. The BSTPO is under the Aklan Provincial Police Office," he said.
He said the occupying team was already inside the property when the policemen arrived and they also had documents claiming as the legal occupant of the property.
But he said they plan to file charges against those involved in the takeover and any person involved in the conflict who have committed criminal acts.