THE Supreme Court (SC) on Tuesday affirmed the legality of President Duterte’s Proclamation No. 475, which placed the island of Boracay under a state of calamity and ordered its temporary closure to pave the way for its rehabilitation.
At a news briefing, Public Information Office (PIO) chief, lawyer Brian Keith Hosaka said 11 justices voted to dismiss the petition filed by three residents assailing the legality of President Duterte’s decision to close the world renown resort island of Boracay from tourists for six months – from April 26, 2018 to October 25, 2018 – in order to give way to its massive cleanup and rehabilitation.
“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.
Hosaka added that the SC held in a decision penned by Associate Justice Mariano del Castillo that Proclamation No. 475 was a valid police power measure.
In their petition, Mark Anthony Zabal, Thiting Estoso Jacosalem and Odeon Bandiola, insisted that the Executive branch overstepped on the power of Congress in issuing the assailed order and that he had no authority to exercise to close down the island based on its supposed police power.
Thus, they asked the Court to declare as null and void President Duterte’s Proclamation No. 475.
Concurring with Justice Del Castillo’s decision were 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.
Those who dissented were Associate Justices Marvic Mario Victor Leonen and Alfredo Benjamin Caguioa.
Image credits: Stella Arnaldo