Ladies and Gentlemen, today we come to you as representatives of the Indigenous

People of Boracay, The Aetas, together with our co petitioners Environment Boracay
and Boracay Development Foundation. We come to you with the issue that, as an
Indigenous people, we should be accorded with social justice and social protection from
the sharks that are about to destroy our land. Let it be put in record that the Aetas have
already been living here since time immemorial and are considered to be the first
settlers of the beautiful island of Boracay. they have been in continuous possession of
this land since the time of my Father’s predecessor. It must also be put in record that
the NCIP has already awarded most of the lands in Boracay to the oindigienous poeple
as their’ Ancestral Land Domain.

Earlier this year, Boracay has been closed for rehabilitation, the aetas could have not
been more happier of this, for it will be for the restoration of our land. Today, we are
faced with another obstacle as the continuation of the rehabilitation of our land is
nothing but a façade to cover up the propaganda that this administration has planned
out – the building of two casinos with 1000 rooms, ones that of yellow skins shall
benefit. Without permission from our tribe to enter our premises, the government,
headed by the DENR, blatantly disregarded this procedural requirement. Without taking
in to account the effects of their actions in our land they preposterously gave approval
for the construction of the Casinos without even having submitting an Environmental
Impact Assessment, which by law is a requirement for such projects. As they claim that
there are no dangerous and long term effects to the environment.

Let us lay down our points that we plead that this Honorable Court should take in to
account.
We, the petitioners, filed for an issuance of a writ of kalikasan under the following
grounds:
1. Our constitutional right to a balanced and healthful ecology is threatened
to be violated by the acts to be done by the Government-
a. The destruction of the remaining Mangrove forest of the Island,
which is a clear violation of Section 68 P.D. 705 The Forestry reform code
of the Philippines
b. The destruction of coral reefs for the port to be constructed in
replacement thereof.
c. The respondents resorts to the open burning of solid waste which
is violtive of the Ecological waste management act of 2000 which doesn’t
only affect Boracay, but effects may reach up to the shores of Kalibo,
Aklan
2. The threat comes from these unlawful acts or omissions of a public
official and/or public entities.
3. Such threatened violation leads to an environmental damage affecting the
Island of Boracay up to the shores of Kalibo Aklan brought by the
dumping/burning of solid waste land and discharge ogf wastewater on the open
ocean. Moreover, the threatened cutting of the ONLY REMAINING
SIGNIFICANT MANGROVE FOREST AND DESTRUCTION OF THE ONLY
SURVIVING CORAL REEFS.
3. Can the mangrove forests and coral reefs be represented in the case by
Environment Boracay?

In the case of Oposa vs Factoran, the Doctrine intergenerational responsibility

has been established. Wherein the citizens of the Philippines can represent the youth,
and the unborn generation for the protection of the environment. In Resident Marine
Mammals vs Reyes, petitioners were considered Stewards wherein the Supreme Court
further encouraged the protection of the environment, the Rules on Environmental
proceedings enabled litigants enforcing environmental rights to file their cases as citizen
suits. This provision liberalizes standing for all cases filed enforcing environmental laws
and collapses the traditional rule on personal and direct interest, on the principle that
humans are stewards of nature. The terminology of the text reflects the doctrine first
enunciated in Oposa v. Factoran, insofar as it refers to minors and generations yet
unborn. It is in this light that we stand before you representing the natural life of the
coral reefs to be sacrificed and the mangroves to be cut down.

5. Do the resort owners have due process and property rights? Assume for
this question that none of them have titles although most have tax
declarations and deeds of sale. They can of course prove their investment and
government approvals/permits

During the time of the Late President Marcos, Boracay was labeled as a protected
marine reserve and a tourist zone, which in turn prohibited citizens from acquiring land
titles. Hence, most of the business owners in the island possess only tax declarations.
Tax Declarations are proof of possession. That for the time passed, the owner has
continuously been in possession of the subject land. It is in this petition that we also
assert that these business men be subjected to due process, because they are being
stricken out of their life and property. The DENR claims that Boracay is a public land,
which gives them the right to do whatever they want with the land but the inherent right
of these owners to their lands which they have owned since time in memorial. Are we
truly to be misguided by principles of the power greedy? These people are not just like
toys you dispose of once you find no use. In exchange of the their possession they
sacrifice their property, their life, their means of living for what? For a Casino, owned by
yellow skinned people. This is a clear violation of the doctrine of eminent domain, where
is the public necessity for a Casino? To disregard the life and property of the original
settlers of the land and to benefit the only the people of a different nation.
7. Should the petition of Writ of Kalikasan be given due course and the remedy sought – to stop
the two casino projects – granted?

You’re honors. It is prayed for the a Writ of Kalikasan be issued and be given due
course to stop this animosity. It is clear that there is an imminent threat on the
environment of these Indigenous people, who has rights over the land questioned.
More so, all the elements for the issuance of this writ has been laid down and has been
proven. Furthermore, it is prayed for that the Casinos to be built, approved without
proper process, be stricken down. Its purpose are of no benefit for the residents of
Boracay. It will only cause destruction which will further aggravate current situation of
our environment. We are supposed to protect our land, our earth.