Cebu Daily News / Visayas

http://globalnation.inquirer.net/cebudailynews/visayas/view_article.php?article_id=173314

Boracay claimants bring expert to SC Cebu Daily News Posted date: November 20, 2008 Iloilo City — The claimants of lots on Boracay Island have asked the Supreme Court to allow oral arguments in their appeal to its ruling declaring the island-resort as public land. In a petition filed before the Supreme Court on Tuesday, lawyer Stephen Arceno also asked the high court to allow the participation of experts and legal luminaries as amicus curiae (friends of the court) in presenting their arguments. Arceno represents three petitioners, former mayor Jose Yap and resort owners Orlando Sacay and Wilfredo Gelito. The petitioners have filed a motion for consideration questioning the October 8 resolution of the high court that affirmed Presidential Proclamation 1064, which was issued by President Macapagal-Arroyo on May 22, 2006. It declared the 1,000-hectare island as public land and categorized more than half of it as alienable and disposable. The high court also ruled that lot occupants on the island did not acquire vested rights to their properties despite investing in them for years. Another motion for reconsideration was filed separately by petitioners Mila Sumndad, Aniceto Yap and Libertad Talapian. (There are bills pending in Congress that would recognize land ownership over properties that have been occupied by private investors for the past 30 years.) Some property occupants welcomed the ruling but others have expressed concern that they could lose their properties and investments because of the land titling processes under present laws. Boracay investors in Hong Kong last week held a press conference accusing the government of a “land-grab” because of the proclamation and Supreme Court ruling. Environment Secretary Jose Atienza has assured the investors and the titleholders on the island that all legal investments and legally owned properties would be respected and protected. In pushing for oral arguments at the Supreme Court, Arceno said these would help clarify the complicated issues related to the case. “This not only affects Boracay but all areas that are unclassified but already occupied and titled,” Arceno told the Inquirer in a telephone interview. "This will set a dangerous precedent," he said. He said the outcome of the case could also affect international relations because of its possible impact on investments of foreign nationals, which were considerable on Boracay Island. /Inquirer