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‘The Hut-chinsons are not being hostaged. They are being forcibly evicted.’

A really messy case
in Boracay (1)


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 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."

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Email address: ellentordesillas@gmail.com

 











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