Aklan court issues writ of preliminary injunction on Ariel’s Point closure

BY BOY RYAN B. ZABAL

A regional trial court granted the owners of Ariel’s Point the writ of preliminary injunction in connection with the notice of permanent closure implementation by the local government of Buruanga, Aklan.

Judge Domingo Casiple, Jr. of Branch 7 issued his four-page order on July 8.

Ariel’s Point is a popular destination in the western edge of Buruanga, Aklan. It offers guests with the opportunity to cliff dive, kayak, and snorkel in an unspoiled tropical setting.

On February 5, 2015, Buruanga town mayor Quezon Labindao issued a notice of permanent closure alleging various violations ranging from non-payment of correct taxes, regulatory fees to environmental issues.  These prompted the owners of Ariel’s Point to file the complaint.

Ariel’s Point owners Ariel and Remedios Abriam filed Civil Case No. 10026 for certiorari, prohibition with urgent application for temporary restraining order and/or writ of preliminary prohibitory mandatory injunction against Labindao.

The petitioners claimed that, “the issuance of notice of permanent closure has caused and still causing irreparable injury to the business and reputation of Ariel’s Point.”

Casiple in his order stressed that “the plea for issuance of a temporary restraining order and the subsequent motion for reconsideration were both denied by the court. However, not long after, the petitioners again asked for the issuance of a writ of preliminary injunction allegedly on new developments needing urgent provisional remedy from this court.”

On May 30, about 30 unidentified men in civilian clothes together with five policemen had installed two bamboo rafts carrying notices of permanent closure at Ariel’s Point. They told the guests not to dive until the bamboo rafts are removed. 

A Korean tourist, thinking that she could dive past the bamboo rafts, suffered an injury after she intentionally dived. 

Divemaster Marvin Sibulan testified that he dived on June 4 at Ariel’s Point and took pictures of the damaged corals caused by cement blocks and sacks of gravel thrown underwater to the anchor the two bamboo crafts with notices of permanent closure. The notices were installed directly under the 5m, 8m and 15m diving boards, he added.

Caretaker Raffy Ilisan also corroborated the testimony of Ruby Luces that he helped in boarding the injured Korean guest to the Coast Guard speed boat and headed to Boracay Island.

The court said the allegation that Ariel’s Point is earning more than P100,000 a day was not substantiated by the witnesses of Labindao. However, the court is inclined to be believed that Ariel’s Point is earning well. 

Three witnesses – Giovane Angel, Vincent Larupay and Gerardo Pardico, all Buruanga municipal employees also testified that despite the closure order, the Ariel’s Point still operates illegally. 

“Without necessarily delving on the merits of the main case, the actions of respondent in ordering the closure of Ariel’s Point allegedly on the ground of non-payment of correct taxes and environmental violation have not merely posed a threat to the proprietary rights of the petitioners who, as owners of the said establishment have built its reputation among tourists but more importantly have in fact infringed upon their constitutional rights to due process,” the order stated.

In the current order, the court also ordered Abriam to post bond a P200,000 bond. 

“Let a writ of preliminary injunction issue enjoining or restraining the commission of the acts complained of and specifically for the respondent, his officers, employees, agents, representatives or persons in his behalf to cease and desist from further proceedings in the implementation of the notice of permanent closure, cease and desist from exercising any act that will affect or tend to affect the normal course of business of Ariel’s Point until the case shall have been decided on the merits and/until further from this Court.”