Court issues TRO versus demolition of 10 structures built too near Boracay shoreline

An Aklan court has issued a 20-day temporary restraining order (TRO) stopping the demolition of 10 residential and commercial buildings that supposedly encroach on the beaches of Boracay island.

In a recent 2-page order, Kalibo Regional Trial Court (RTC) Branch 7 Judge Ronald Exmundo directed the Malay municipal government led by acting Mayor Frolibar Bautista to “cease and desist” from implementing the demolition orders issued as early as March 25, 2019.

The assailed demolition orders covered 10 structures found to have encroached upon the 30-meter easement at Bulabog Beach, a popular water sports spot at the eastern side of the island.

These were: Aira Hotel, Ventoso Residences, Freestyle Academy Kite Surfing School, Kite Center at Banana Bay, Wind Riders Inn, Pahuwayan Suites, Boracay Gems, Unit 101 of 7 Stones Boracay Suites, Unit 107 of 7 Stones Boracay Suites, and Lumbung Residences.

Plaintiffs include spouses Joey and Norlyn Nibre and Rafael Claudio Zulueta III. They posted a P300,000 bond for the TRO to take effect.

The property owners argued they were issued building permits allowing them to put up the structures.

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