By Benjamin Pulta/PNA
MANILA – Malacañang’s Proclamation No. 475, which ordered the temporary closure of Boracay for rehabilitation last year, has been upheld by the Supreme Court (SC).
Public Information Office (PIO) chief and lawyer Brian Keith Hosaka said 11 high court magistrates voted to dismiss the petition filed by three island residents, which questioned the legality of shutting down the island from tourists for six months, from April 26, 2018 to Oct. 25, 2018.
“The Court ruled that Proclamation No. 475 did not pose an actual impairment of the right to travel. The impact of the said proclamation on the right to travel was temporary and merely incidental to the intended rehabilitation of the island,” Hosaka said.
Associate Justice Mariano del Castillo, who wrote the decision, said the proclamation was a valid police power measure.
Chief Justice Lucas Bersamin, Senior Associate Justice Antonio Carpio and Associate Justices Justice Diosdado Peralta, Estela Perlas-Bernabe, Francis Jardeleza Andres Reyes, Jr., Alexander Gesmundo, Jose Reyes, Jr., Ramon Paul Hernando, and Rosmari Carandang concurred.
Associate Justices Marvic Mario Victor Leonen and Alfredo Benjamin Caguioa dissented.
The petitioners, Mark Anthony Zabal, Thiting Estoso Jacosalem and Odeon Bandiola, said Malacañang exceeded its authority in closing down the island.
