[ Manila Bulletin Online ] June 3, 2008
KALIBO, Aklan — A regional trial court judge in Aklan has stated the need for geology experts who will determine the actual classification of a disputed piece of land measuring 2,800 square meters in the world-famous Boracay island.
The present owners of the property, on which the Boracay Crown Regency is currently being constructed, claim it had long been classified as "cocal," or coconut island, and not a "wetland," as declared by the Department of Environment and Natural Resources (DENR).
Presiding Judge Elmo del Rosario of Branch 5 has ordered petitioner J. King and Sons Company Inc. and the DENR to submit five names of geology experts who can ascertain or confirm the property’s correct classification.
Earlier, the court denied the petition of the J. King and Sons Company for a restraining order, injunction and damages filed against the DENR which ordered the firm suspend the construction of the 1.2-billion hotel complex in its moratorium order.
The DENR issued a cease-and-desist order against the hotel owners and ordered them to stop the construction of the condotel because the site was considered a "wetland."
In its petition, Richard King, president of J. King and Sons Company Inc., argued that the site where Boracay Crown Regency is being built had been classified as "cocal" or a coconut island as early as in 1948.
He also said that based on the tax declarations, the same has also been classified for "tourism development."
The firm said DENR’s order had caused undue damages on the part of Boracay Crown Regency.
In denying the petition, Del Rosario stated in its order that "the court shares the view of the DENR as articulated in its position paper."
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