Aussie loses bid to gain possession of Boracay resort
An Australian national failed in his bid to take possession of a contested resort in Boracay island. But Australian Greg Hutchinson was able to take possession of a neighboring apartment.
In a statement from Hutchinson's wife, Viveca, she said that Judge Raul Barrios of the Buruanga-Malay Municipal Circuit Trial Court denied their prayer that they be placed in possession of the Boracay Sand Castles Resort in the meantime.
She said that their counsel, lawyer Oscar Tagamolila will move for a reconsideration of the order denying the issuance of a preliminary mandatory injunction in their favor.
Hutchinson sued Evangeline Dalino and Editha Cawaling Meren for forcible entry, alleging that the two forcibly took over Boracay Sand Castles Resorts and Apartments respectively, and ejected the former's family, staff and guests November last year.
They asked the court that, while the case is pending, possession of the contested resort and the apartment be given to them.
But the court favored Dalino's allegation that she had been in possession of the resort since 2006. Barrios, however, ruled differently regarding the apartment, awarding possession of it to the Hutchinsons and against Meren in an order dated February 5, 2009.
Sheriff Reynold Bautista implemented the order placing Hutchinson in possession of the apartment yesterday afternoon.
Supt. Arnold Ardiente, chief of the Boracay Special Tourist Police Office, told The News Today over the phone yesterday that Meren peacefully vacated the apartment.
“When the sheriff arrived to serve the order, she had already vacated the apartment, and was no longer there,” Ardiente said.
Viveca said that they now occupy the apartment, whereas before, Meren controlled units in the ground floor.
“The situation here is okay. There was no resistance whatsoever (to the order),” Viveca said over the phone.