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(c) After proper proceedings, a judgment be rendered As to legal standing, petitioners assert that they were
PERMANENTLY RESTRAINING and/or ENJOINING the directly injured since their right to travel and, their right
respondents, and all persons acting under their to work and earn a living which thrives solely on tourist
command, order, and responsibility from enforcing a arrivals, were affected by the closure. They likewise
want to convince the Court that the issues here are of (2) This case does not actually involve the right to travel in
transcendental importance since according to them, its essential sense contrary to what petitioners want to
the resolution of the same will have far-reaching portray. Any bearing that Proclamation No. 475 may have
consequences upon all persons living and working in on the right to travel is merely corollary to the closure of
Boracay; upon the Province of Aklan which is heavily Boracay and the ban of tourists and non-residents
reliant on the island's tourism industry; and upon the therefrom which were necessary incidents of the island's
whole country considering that fundamental rehabilitation. There is certainly no showing that
constitutional rights were allegedly breached. Here, as
Proclamation No. 475 deliberately meant to impair the right
mentioned, Zabal is a sandcastle maker and Jacosalem, a
to travel.
driver. The nature of their livelihood is one wherein
earnings are not guaranteed. As correctly pointed out by (3) No, because the respective roles of each government
respondents, their earnings are not fixed and may vary agency are particularly defined and enumerated in
depending on the business climate in that while they can Executive Order No. 5365 and all are in accordance with
earn much on peak seasons, it is also possible for them not their respective mandates. Also, the situation in Boracay
to earn anything on lean seasons, especially when the rainy can in no wise be caracterized or labelled as a mere local
days set in. Zabal and Jacosalem could not have been issue as to leave its rehabilitation to local actors. Boracay is
oblivious to this kind of situation, they having been in the a prime tourist destination which caters to both local and
practice of their trade for a considerable length of time. foreign tourists. Any issue threat has corresponding effects,
Clearly, therefore, what Zabal and Jacosalem could lose in direct or otherwise, at a national level. This, for one,
this case are mere projected earnings which are in no way reasonable takes the issues therein from a level that
guaranteed, and are sheer expectancies characterized as converns only the local officials.
contingent, subordinate, or consequential interest, just like
in Galicto. Concomitantly, an assertion of direct injury on
the basis of loss of income does not clothe Zabal and
Jacosalem with legal standing. Notwithstanding petitioners'
lack of locus standi, this Court will allow this petition to
proceed to its ultimate conclusion due to its transcendental
importance.
Issue: (1) Did the Proclamation No. 475 violated the right to
earnings of the petitioners? (2) Did it violate the right to
travel? (3) Other government agencies are involved in the
rehabilitation works. Does this not create the inference that
the powers and functions of the LGUs are being encroached
upon?
Ruling: