HK investors slam Boracay �land grab�
But Gonzalez says they should abide by SC ruling
Philippine D
But Gonzalez says they should abide by SC ruling
Philippine D
MANILA, Philippines�A group of Hong Kong property investors is protesting what it calls a land grab by the Philippine government on Boracay Island, the Sunday Morning Post reported Sunday.
The group is scheduled to hold a press conference on Monday in Hong Kong to draw attention to its battle to overturn President Gloria Macapagal-Arroyo�s proclamation in 2006 that classified more than half of the 1,032-hectare holiday island as government property.
The Philippine Supreme Court affirmed the proclamation last month.
The law has meant that people who own some of the property in Boracay have been ordered to reapply to purchase their land, according to the report. Many have owned their properties for many years.
�It�s very unfair,� said Stephen Arseno, a lawyer and landowner who has been fighting the government�s move in the courts, according to the Post.
Consisting of three barangays (villages), Boracay is part of the municipality of Malay. Of the town�s 17 barangays, three�Yapac, Balabag and Manoc-manoc�are on the island.
An hour�s flight south of Manila, the island has more than 30 beaches, foremost of which is the 4-kilometer White Beach with white sand, which is widely considered to be among the world�s best beaches.
The island has become a magnet for investors, including foreigners, seeking to cash in on the tens of thousands of visitors.
Among the biggest investments in Boracay are the Fairways and Blue Waters, and Shangri-La�s Boracay Resort & Spa, which is set to open by the end of 2008. The Shangri-La project alone is worth P1 billion, according to the Department of Tourism.
�This is an international issue because there are so many foreigners invested in Boracay. The Philippines does not want a reputation for being a place where property rights are not respected,� Arseno said.
The move by Arseno�s group comes as residents are increasingly concerned about the growing level of lawlessness on the island, which draws half a million tourists each year to its spectacular beaches, more than one-sixth of tourist visitors to the Philippines.
Last week, armed men forced their way into one of the island�s resorts, holding the Australian owner and his family captive amid a property dispute, the owner said.
Abide by Philippine laws
The group of Hong Kong property investors is in for a tough fight.
Justice Secretary Raul Gonzalez Sunday said foreign investors should abide by the Supreme Court decision declaring Boracay Island public domain.
�That�s how the Supreme Court decided and I think the Supreme Court is correct. I think (the investors) should follow,� Gonzalez said in a telephone interview.
Told that foreign businessmen were wary of investing further in the country in the wake of uncertainty raised by Supreme Court decisions on economic issues, Gonzalez said the investors should abide by Philippine laws.
�They should know that there are constitutional and legal requirements,� he said.
Development of Boracay by its occupants doesn�t give them vested rights over it, the Supreme Court said in its ruling last month.
�The continued possession and considerable investment of private claimants do not automatically give them a vested right in Boracay. Nor do these give them a right to apply for a title to the land they are presently occupying,� the high court said.
�As the law and jurisprudence stand, private claimants are ineligible to apply for a judicial confirmation of title over their occupied portions in Boracay even with their continued possession and considerable investment on the island,� it added.
Homestead
The ruling, however, doesn�t mean the ouster of the private claimants from their pieces of property even if they are ineligible to apply for titles.
The Supreme Court said that those with lawful possession may claim good faith as builders of the improvements.
Investors can take steps to preserve or protect their possessions and may look into other modes of applying for a title such as by homestead or sales patent, the court said.
�More realistically, Congress may enact a law to entitle the private claimants to acquire title to their occupied lots or to exempt them from certain requirements under the present land laws,� the tribunal said.Reports from Agence France-Presse and Norman Bordadora
The group is scheduled to hold a press conference on Monday in Hong Kong to draw attention to its battle to overturn President Gloria Macapagal-Arroyo�s proclamation in 2006 that classified more than half of the 1,032-hectare holiday island as government property.
The Philippine Supreme Court affirmed the proclamation last month.
The law has meant that people who own some of the property in Boracay have been ordered to reapply to purchase their land, according to the report. Many have owned their properties for many years.
�It�s very unfair,� said Stephen Arseno, a lawyer and landowner who has been fighting the government�s move in the courts, according to the Post.
Consisting of three barangays (villages), Boracay is part of the municipality of Malay. Of the town�s 17 barangays, three�Yapac, Balabag and Manoc-manoc�are on the island.
An hour�s flight south of Manila, the island has more than 30 beaches, foremost of which is the 4-kilometer White Beach with white sand, which is widely considered to be among the world�s best beaches.
The island has become a magnet for investors, including foreigners, seeking to cash in on the tens of thousands of visitors.
Among the biggest investments in Boracay are the Fairways and Blue Waters, and Shangri-La�s Boracay Resort & Spa, which is set to open by the end of 2008. The Shangri-La project alone is worth P1 billion, according to the Department of Tourism.
�This is an international issue because there are so many foreigners invested in Boracay. The Philippines does not want a reputation for being a place where property rights are not respected,� Arseno said.
The move by Arseno�s group comes as residents are increasingly concerned about the growing level of lawlessness on the island, which draws half a million tourists each year to its spectacular beaches, more than one-sixth of tourist visitors to the Philippines.
Last week, armed men forced their way into one of the island�s resorts, holding the Australian owner and his family captive amid a property dispute, the owner said.
Abide by Philippine laws
The group of Hong Kong property investors is in for a tough fight.
Justice Secretary Raul Gonzalez Sunday said foreign investors should abide by the Supreme Court decision declaring Boracay Island public domain.
�That�s how the Supreme Court decided and I think the Supreme Court is correct. I think (the investors) should follow,� Gonzalez said in a telephone interview.
Told that foreign businessmen were wary of investing further in the country in the wake of uncertainty raised by Supreme Court decisions on economic issues, Gonzalez said the investors should abide by Philippine laws.
�They should know that there are constitutional and legal requirements,� he said.
Development of Boracay by its occupants doesn�t give them vested rights over it, the Supreme Court said in its ruling last month.
�The continued possession and considerable investment of private claimants do not automatically give them a vested right in Boracay. Nor do these give them a right to apply for a title to the land they are presently occupying,� the high court said.
�As the law and jurisprudence stand, private claimants are ineligible to apply for a judicial confirmation of title over their occupied portions in Boracay even with their continued possession and considerable investment on the island,� it added.
Homestead
The ruling, however, doesn�t mean the ouster of the private claimants from their pieces of property even if they are ineligible to apply for titles.
The Supreme Court said that those with lawful possession may claim good faith as builders of the improvements.
Investors can take steps to preserve or protect their possessions and may look into other modes of applying for a title such as by homestead or sales patent, the court said.
�More realistically, Congress may enact a law to entitle the private claimants to acquire title to their occupied lots or to exempt them from certain requirements under the present land laws,� the tribunal said.Reports from Agence France-Presse and Norman Bordadora
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