Supreme Court asked to stop Boracay closure

Three individuals on Wednesday petitioned the Supreme Court to stop the closure of Boracay, challenging President Rodrigo Duterte's order that is argued to have "far-reaching consequences" for the tourist hotspot's laborers and residents.

In a 29-page petition for prohibition and mandamus, the petitioners—two workers and a non-resident who says he occasionally visits the island—asked the SC to issue a temporary restraining order and/or a writ of preliminary injunction enjoining government from closing Boracay island.

"In ordering the closure of Boracay Island to tourists and non-residents, President Duterte gravely abused and exceeded his authority under the Constitution," the petition said.

"He exercised powers that are legislative in nature, in violation of the principle of separation of powers. By issuing the said orders, President Duterte acted without authority under the 1987 Constitution or statutory law," it said.

If Boracay's closure pushes through despite the filing of the pleading, the petitioners prayed for a status quo ante order to restore the condition prior to the enforcement of Duterte's directive.

The petitioners, who are assisted by the National Union of People's Lawyers, further argued that Duterte's order violates tourists and non-residents' rights to travel and to due process.

"In this case, the grounds for the restriction have not been shown to exist. There is no national security, public safety, or public health situation calling for the curtailment of the right to travel."

The petition also called the island's closure to tourists and non-residents "unduly oppressive to workers who will lose their jobs with the closure of establishments, with no tourists to patronize their businesses."

Two of the petitioners, one a sandcastle maker and one a driver for tourists, have purportedly been losing income due to what the petition alleged was a declining number of Boracay visitors since Duterte announced the island's closure. 

"They will suffer graver and irreversible damage once the closure is enforced," the pleading stated.

"Indeed, the clean-up of Boracay Island and the prosecution of those violating environmental laws are laudable objectives. Yet, the end cannot justify the means, especially when the means involved are oppressive."

Executive Secretary Salvador Medialdea and Interior Secretary Eduardo Año were also named as respondents in the petition.

The six-month closure of the popular tourist destination will start on Thursday, April 26. Prior to this announcement, Duterte described Boracay as a "cesspool" and said he will have it closed "to clean" it up. — BM/NB, GMA News