The Kalibo, Aklan regional trial court issued the status quo order in connection with a plan by Mayor Ceciron Cawaling of Malay town — where Boracay island is located — to demolish alleged encroachments along the main road. The purpose of the demolition is to widen the road by 1.5 meters in order to accommodate a drainage system.
The fences of Waling-Waling Beach Hotel and Willy’s and Niggy-Niggy beach resorts were demolished Wednesday morning by a team led by Connie Padilla of the Eminent Persons Group, accompanied by 12 Boracay policemen.
"We will file an administrative case for (Padilla’s) removal from public office, for abuse of authority (and) conduct unbecoming a public official. We will also file criminal charges," said Orlando Sacay, who owns the Waling-Waling hotel.
Sacay questioned Padilla’s authority to effect the demolition as well as the presence of the 12 policemen.
Sacay described Padilla as "arrogant" and said she should be criminally charged "because of damage done to my property, created havoc in my establishment by alarming my guests and for future loss of income. I will throw the book at her."
He pointed out that the resorts donated the right of way for the main road without compensation.
"Hence, the resorts built their fence and other structures along the property line. It is unfair that such structures would be demolished because these were constructed before the road was constructed," Sacay stressed.
Padilla’s group ignored the status quo order issued last Nov. 28.
"Padilla should be charged for contempt of court. She chose to ignore the court order when (it was) shown to her by my staff," Sacay said.
He added that the court ordered a status quo "until the case is heard on Dec. 19," noting that the "judge made it very clear to the mayor that there would be no demolition."
"Don’t they have respect for the rule of law anymore? Are we not supposed to follow the court? What will be our recourse?" Sacay said. "The demolition order was issued without due process. Since the order is confiscatory in nature, a court order would be necessary."
According to Sacay, Padilla’s group has "no power to demolish" because EPG was only created by President Arroyo through Memorandum Order 213, where it was tasked, along with the Philippine Tourism Authority, to "manage" tourist destinations like Boracay.