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A really messy case in Boracay (Part One)

While in Boracay last week for the anti-smoking seminar organized by the Women’s Media Circle, some journalists and I took time out to visit SandCastles resort, which was in the news recently because of a property dispute that ended up in what was claimed as “hostaging”.

I have stayed in SandCastles a number of times since it was built in 1989. It’s facilities, in Philippine ethnic style, is complemented by modern amenities. It’s beachfront location in the area of boat station One makes it a prime real estate property.

Australian Greg Hutchinson, president and chairman of Tribal Holdings Phils that owns SandCastles, was a journalist writing for foreign publications. He was my co-author of the book. “Hot Money, Warm Bodies – the downfall of President Joseph Estrada”.

I have fond memories of SandCastles which made the current sight of the besieged resort disheartening.

Carmela Fonbuena of Newsbreak/ABS-CBN Online likened the situation in SandCastles now to the war zone Gaza Strip, where one side are the Israelis and the other side, the Palestinians. It’s also like Panmunjon, where North Koreans engage in eyeball to eyeball confrontation with South Koreans.

The receiving area on the northside half of SandCastles and the cottages are occupied by the group of 26- year old Evangeline Dalino of Boracay Dream Beach Resort.. The first floor of the luxury apartments of Sand Castle is occupied by the group of Editha Meren, sister of Malay Mayor Ciceron Cawaling. On the second floor are the Hutchinson couple, Greg and wife Viveca with their five year old twins.

We saw about six policemen keeping watch over the resort, making sure that no violence erupts between the hostile parties that would further ruin the island’s image.

At 1:25 a.m. of Nov. 6, I got a text message from Viveca saying they were being “hostaged by the goons of the the sister of the mayor, their landlady whom they took to the court for reneging on our lease contract .”

After talking to all the parties concerned and the police I think the Hutchinsons are not being “hostaged.” They are being forcibly evicted. Of course, they won’t leave the place because to do so would mean they lose physical possession of the US$5.25 million resort. It would mean saying goodbye to the multi-million dollar investment they have sunk into the development of the resort.

To avoid violence, Police Inspector Joffrey M. Todeño instituted an arrangement while the case remains unresolved by the court in which the Hutchinsons would have exclusive use of the exit door at the side while Meren and Dalino would use the front gate.

The battle over the more than 7,000 square meter SandCastles has degenerated into armed takeovers twice and has made it to international news. But it’s not an isolated property dispute in the powdery white sand island, which is the country’s premier tourist destination. Last October 8, the Supreme Court ruled that Boracay is public domain and therefore, owned by the state. Tax declarations which many show as proof of ownership do not translate into titles over the land they occupy, the high court said.

There are actually two different property disputes over SandCastles

Meren, whose maiden name is Cawaling, holds tax declarations over a number of prime properties in Boracay including the almost 7,000 square meters that SandCastles occupy. She said she inherited the properties from her mother whose family was one of the early inhabitants of Boracay in the town of Malay in Aklan.

In 1989, Meren leased to Hutchinson more almost 6,000 square meters of the northside portion of her beachfront property near Boat Station One for P23,000 quarterly (or less than P100,000 a year) for 20 years with option to renew for another ten years.

Hutchinson designed SandCastles to cater to upper-middle income tourists. At that time, Boracay was still rustic. There was no island-wide power service yet. Electricity was provided by power generators of each resort.

I was there with a friend two months after the 1989 December coup d’etat against the Aquino government which scared away some tourists. We had the island all to ourselves. It was paradise.

Electric fans were enough to keep the rooms cool. We used mosquito nets during the night. Since it was New Moon during our vacation, we had to carry a flash light when taking the evening beach walk.

European tourists outnumbered Filipino guests. It was like being in a foreign place. Topless women sunbathing on the beach was an ordinary sight. I know of someone (a Filipino, of course) who would go strolling on the beach noon time, “boob-watching.” (To be continued)

Photo Captions:
1. Editha Meren and Evangeline Dalino
2. Portion of SandCastle’s facade
3. Greg Hutchinson and wife, Viveca

Published inEnvironmentGovernance

18 Comments

  1. One more reason why we should get rid ourselves from Politicians.

  2. Grabe ang init sa Boracay ngayon, Ellen. Pwedeng mag-roast ng chestnuts sa beach sand pag tanghali.

  3. Have you been there lately? That indicates environmental degradation.

  4. asiandelight asiandelight

    There’s now the issue of environmental degradation. If left unaddressed, the situation could get worst. On Oct. 8, the supreme court upheld Proclamation No. 1064 issued by President Macapagal-Arroyo on May 22, 2006, which stated that about 60 percent of the island is alienable and disposable, and the rest is forest land and protected areas.

    “The DENR blames the worsening environmental threats on development projects that have violated existing laws, policies and ordinances. These include the construction of resorts and tourism facilities along easement areas, hampering of public access, destruction of the natural coastal beauty, indiscriminate development of areas, illegal reclamation of wetlands, and clearing of forested areas for building construction.”

    Anyone who violates our existing laws are subject to penalties and property tax of current value.

  5. Dagdag dyan iyong kay Arch’t Palafox vs. Koreans/SBMA Officials.

  6. We were there for half a day with some contractors to inspect 2 project sites of Fil-Estate and DMCI Homes last week of October. Ni hindi ko naisawsaw yung paa ko sa tubig, brownout pa.

  7. AltaVista is in Puka Beach while Fairways and Bluewater is in Newcoast

  8. Yes. We also experienced several brownouts during our three-day stay there. Boracay has become ugly. It has a seedy atmosphere. nakakaiyak. I don’t know if it can still be saved.

  9. We used to go to Puka Beach and scoop those seashells. Now, it’s gone. Sayang na sayang.

    Our place in Antique is three hours away from Boracay by bus.

  10. Valdemar Valdemar

    So guns and goons have already assimilated in the beautiful resort while there are unresolved problems still. May I put in some lines, Ellen?

    Its a wishful thinking that a bridge could be placed between the mainland and Boracay that may solve the dangerous ferry crossing, trucking out of thrash and increase the business potentials even to the mainland vicinity.

    The bridge would be about 8/10th of a kilometer long between Gunauayan Island and the nearest point at Caticlan to be named after a politician maybe. It would cost only a dent on the presidential bridge program. At least it would lead to somewhere.

    The ferry system between Caticlan and Boracay may not be perceived unsafe to the rushing beachcombers. An outrigger of the Philippine setting is only a bamboo stabilizer to a certain degree that is if it remains intact and definitely without adequate reserved buoyancy enough to support a large heeling moment developed by its load. The outrigger serves only like the balancing pole of the tightrope walker. Accidents may not have happened there yet but should we wait for it? Even locals deserve safe crossings.

  11. Ellen,

    I’ve been to Boracay 3 times. The last time was in 1998. We played golf there with a couple of Erap cronies. The “town center” as I remembered it was alright; bought souvenirs. The beach was fine during the day. I am a sunworshipper so really loved it. But at night, the place was already a bit seedy.

    I think today, I’d rather go to Antique than to Boracay.

  12. Jake Las Pinas Jake Las Pinas

    Boracay is just too public for me. I dont want to be bothered by vendors when I am on vacation. the corals where our bankero brought us were dead due to blast fishing before the island became famous. Found a lot of worm-like creatures under the sand. I feel sorry for the people who invested there. Soon that place become like Lido beach of Cavite. Id rather go to Busuanga. Its much closer too.

  13. parasabayan parasabayan

    Ellen, this is exactly what will happen to foreign investors when they put in their money in a country with corrupt practices. There are no clear laws of ownership, leasing and subleasing.

    Kawawa naman din ang mga dayuhan who have to put up with the locals who should know better in putting up businesses with foreigners.

    In this case, of course, the one with the political clout wins. Or, it could also be the one with the most “suhol” wins.

    Here are several parties whose intent are to have a business venture and at the same time supposedly to enjoy the beauty and tranquility of Boracay but all of them find themselves in so much pickle that everyday of their lives has become hell! What a life!

  14. asiandelight asiandelight

    The foreigners are expected to know what they’re doing. They came from a civilized world where the “know how and the know about” are basic. The Philippines never had a system. The world news would tell any investors about this country. I’m not sure if they can blame the locals or even the government. Philippine economic trend was not bullish nor bearish. It was clear with future danger.

    Boracay can reverse the damage. Its not too late. Will see what the local representatives and the executives will do. I’m sure it will be a very slow process. someone can go to El Nido, Coron, amanpolo, Badian Island, Siargao, Bohol, pearl’ farm and many more. There’s plenty of beauty around Philippines but too bad it is decorated with ugly politicians. From my province to the city of cebu, davao and Manila , pareho lang sila. mga magnanakaw, walang mapili. 🙂

  15. One thing I can say is that the Hutchinsons had been had, meaning, nadenggoy. Very typical iyong kaswapangan noong heiress who now wants to get ahold of her inheritance kuno without as much as compensating the Hutchinsons for the improvement they did to the property.

    My condolence and sympathy to the Hutchinsons. Their experience is nothing new. Marami na akong mga kaibigang dayuhan ang naloko sa Pilipinas dahil sa kasakiman gaya noong heiress at kapatid ng Mayor. Kaya mahirap mag-invest sa Philippines. Maraming manggagantso.

  16. A friend has invited me to invest in the tourism business in Bohol (Chocolate Hills). This story of the Hutchinsons surely is a good warning for me not to accept the invite.

    I earned my money the hard way. I’d rather keep it in the bank than cry later for bad investment in the Philippines. Sabi nga ni James Bond, “Never again!” Yup, naloko na ako ng isang switik na broker na pilipino sa SFO, member ng Iglesia ni Kristo!

  17. Valdemar Valdemar

    Asiandelight,
    All foreigners would do right in their own places but they just dont do it here in the Philippines. They are opportunist like that Korean building in Subic. We should be proud to have the few people like Architect Palafox concerned with our forests.

  18. It seems Jun Palapaks, este, Palafox to this day still doesn’t understand how crooks operate. Armand Arreza of SBMA of course will burn all those documentary evidences before these reach Palafox + Asso. Unlike all the other architects though, hindi ka ibebenta ni Jun, kung ikaw ang project owner, di gaya nung ibang arkitektong may sariling grupong contractors at suppliers na bitbit kahit anong project.

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