hile 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 Sand Castle 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 Sand Castle a number of times since it was
built in 1989. Its facilities, in Philippine ethnic style, are complemented by
modern amenities. Its 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 Sand Castle, 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 Sand Castle which made the current
sight of the besieged resort disheartening.
Carmela Fonbuena of Newsbreak/ABS-CBN Online likened the
situation in Sand Castle now to the war zone Gaza Strip, where on one side are
the Israelis and on the other, 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 Sand Castle 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 among 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 sister of the mayor, their
landlady whom they took to the court for reneging on our lease contract."
After talking to all the concerned parties 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 their multi-million dollar investment in 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 Sand Castle
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 Sand
Castle.
Meren, whose maiden name is Cawaling, hold tax declarations
over a number of prime properties in Boracay including the almost 7,000 square
meters that Sand Castle 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 beach front property near Boat Station
One for P23,000 quarterly (or less than P100,000 a year) for 20 years and with
option to renew for another 10 years.
Hutchinson designed Sand Castle 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 at night. Since it was New Moon during our vacation, we had to
carry a flashlight 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 at noon,
"boob-watching."