By Alcuin Papa
Philippine Daily Inquirer
First Posted 18:38:00 05/01/2009
Filed Under: Conflicts (general), Tourism
MANILA, Philippines—Resort owners in Boracay and the Department of Environment and Natural Resources (DENR) have taken the first step to a final solution in the dispute over the ownership of properties in the island.
In a recent dialogue with stakeholders, the DENR said it will begin the cadastral survey of Boracay, a requirement before titles to land can be given out.
The agency also said it would draft the implementing rules and regulations to enforce last year's decision of the Supreme Court (SC) affirming Proclamation No. 1064, a presidential edict handed down last May 22, 2006 that classifies 628.96 hectares of the 1,032 hectare Boracay Island as alienable and disposable while classifying the remaining area as forestland under state ownership.
Dr. Orlando Sacay of the Boracay Foundation Inc. (BFI), told the reporters that the DENR and the island's stakeholders met recently "to find a common solution to the issue" of land titling and legitimize the claim of resort owners and other individuals and groups in Boracay.
According to Sacay, DENR Undersecretary for Administration, Finance and Legal Mary Anne Lucille Sering said during the dialogue that the agency is likely to begin the cadastral survey process soon. A bidding process to determine the company undertaking the survey, an important step to titling lots in Boracay, was already underway, Sacay quoted Sering as saying.
Sacay also said he learned in the dialogue that the DENR was already drafting the implementing rules and regulations (IRR) for the proper implementation of the SC decision.
"The development of Boracay will be back on track due to these actions by the DENR," Sacay told reporters in an interview.
Sacay claimed that resort owners and other stakeholders lauded such development as well as the creation by the DENR of a committee, which consisted of representatives from different interest groups in Boracay that will work along with the agency in finding ways to facilitate prompt titling of certain portions of the island.
"Hopefully, this would help alleviate the fears and put to end wild speculations that the government will take over Boracay, which has driven away billions-pesos-worth of investments; and also hopefully help us amid the economic crisis, considering the contribution of a robust tourism to our economy," he likewise said.
Sacay said three options for claimants to land in the island surfaced in the dialogue.
First is land titling through sales patent where stakeholders can purchase property from the government. Then there is judicial confirmation where a court can acknowledge the stakeholders' tax declaration. And finally, the issuance of a Forest Land Use Agreement for Tourism Purposes (FLAgT) for properties in declared forestlands.
While the SC had already ruled that tax declarations being held by claimants could not be eligible for judicial confirmation, Sacay said they can seek the opinion of lower courts to resolve the issue of their tax declarations.
"These options give a lot of comfort. We can secure a piece of paper to legitimize our possession and development of the (beach front) area (where majority of the resorts are located)," said Sacay, owns the Waling-Waling Beach Hotel.
On Oct. 8, 2008, the SC affirmed Proclamation No. 1064 and ruled that Boracay belongs to the government. The High Court also said current residents cannot claim ownership of land based on years of occupation.
However, some Boracay resort owners called this decision "unfair."
On the other hand, the Supreme Court said Congress can pass a law that allows private claimants to acquire land titles to lots they occupy or to exempt them from certain legal requirements.
The SC also said private claimants cannot be easily evicted from the residential and commercial areas they are occupying.
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