THE respondents of the writ of mandamus issued by the court mandating concerned officials to dismantle the gate and security guard house of Marilou Beach Resort in Bolod, Panglao to give way to barangay road may face an indirect contempt if the said mandamus will not be carried out effectively.
The officials in writ of mandamus ordered Gov. Aris Aumentado, Mayor Edgar “Boy” Arcay and Atty. Handel Lagunay, who is the provincial legal officer, to cause the dismantling of the structures of said resort.
The possible indirect contempt may, this time, include retired judge Suzeso Arcamo, who is reportedly an adviser of Mayor Arcay. But this is not independently confirmed.
However, it (indirect contempt) may not be pursed against the said officials since the mandamus respondents did not disobey the court’s order, Lagunay clarified this in media interview.
Lagunay said that they (mandamus respondents) accommodated the request of Dr. Doloreich Dumaluan for court clarification, saying the latter is willing and voluntarily to demolish the said structures along the barangay road leading to the shoreline.
He said that they gave Dumaluan one week for his promise, after which, if no demolition takes place, it would be the authorities concerned to do the dismantling right away.
As to the legal question about a foreigner filing the case in Philippine soil, Lagunay said that there’s this equal protection for everybody and probably that’s what the court has appreciated.
Lagunay said that the officials concerned were ready for the demolition job if not of Dumaluan’s request even as the latter vowed to do the demolition voluntarily if given the clarification of the case.
Last week, a lot of police officers were seen at the vicinity apparently to secure the place and heavy equipment accompanied by Arcay and Lagunay to enforce the court’s order in mandamus case filed by Dumaluan’s nemesis, Jacques Chaoullie in a Special Civil Action No. 10425.
The court’s order for mandamus was dated Nov. 11, 2025, as “final and executory.”
Marilou’s Beach Resort was formally opened sometime in 1983 and since then, fishers and anybody who may want to go or pass are not barred from having access to the shoreline, Dr. Dumaluan said. (Ric Obedencio)
