Boracay claimants seek oral arguments before SC
Claimants of lots on Boracay Island have asked the Supreme Court to allow oral arguments in their appeal to the court ruling declaring the island-resort as public land.
In a petition filed before the SC yesterday, lawyer Stephen Arceno also asked the High Court to allow the participation of experts and legal luminaries as amicus curiae (friends of the court) in presenting their arguments.
Arceno represents petitioners former mayor Jose Yap and resort owners Orlando Sacay and Wilfredo Gelito.
The petitioners have filed a motion for consideration questioning the October 8 resolution of the High Court that affirmed Presidential Proclamation 1064. The High Court also ruled that lot occupants on the island have not acquired vested rights over their properties despite investing on the their properties for years.
Another motion for reconsideration was separately filed by petitioners Mila Sumndad, Aniceto Yap and Libertad Talapian.
Proclamation 1064 issued by President Macapagal-Arroyo on May 22, 2006 declared the 1,000-hectare island as public land and categorized more than half of it as alienable and disposable.
While the ruling has been welcomed by some property occupants of the island, others have raised concern that they could lose their properties and investments because of the land titling processes under present laws.
Boracay investors in Hong Kong last week held a press conference accusing the government of a "land-grab" because of the proclamation and Supreme Court ruling.
Environment Secretary Jose "Lito" Atienza has assured the investors and title holders on the island that their investments and properties will be respected and protected as long as they are legal.
Arceno said the oral arguments are necessary to clarify the complicated issues related to the case.
"This not only affects Boracay but all areas that are unclassified but already occupied and titled," Arceno said in a telephone interview. "This will set as a dangerous precedent."
He said the outcome of the case can also affect international relations because of its possible impact on investments on foreign nationals which are considerable on Boracay Island.