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High court rebuffs Boracay group anew


Philippine Daily Inquirer
First Posted 03:01:00 12/18/2008

Filed Under: Laws, Tourism

MANILA, Philippines—The Supreme Court has dismissed Boracay residents’ motions for reconsideration of the high tribunal’s earlier decision declaring a big portion of the resort island—except those already covered by titles—as public land.

In an en banc resolution dated Dec. 2, the SC also denied a motion to set the issue of titling pieces of property in Boracay for oral argument.

“We deny the motions. We note that the bulk of the issues raised and the arguments aired are merely repetitive of those already passed upon by the Court,” the SC resolution read.

Two sets of private claimants, among them Mayor Jose Yap and Dr. Orlando Sacay, had filed the motions for reconsideration in October this year.

On Oct. 8, the high court ruled that Boracay is unclassified land of public domain “over which (the claimants) have not acquired vested rights of ownership.” It reversed a lower court ruling that recognized acquired rights over certain properties.

The court upheld President Gloria Macapagal-Arroyo’s Proclamation 1064 that classified 400 hectares of the island as “reserved forest land” and more than 600 hectares of it as agricultural land.

The proclamation also provides for a 15-meter buffer zone on each side of the centerline of roads and right-of-way trails.

Except for lands already covered by existing titles, the Court said unclassified lands are considered public forests under PD No. 705.

The Court noted that former President Ferdinand Marcos’ Proclamation No. 1801 had declared Boracay a tourist zone, but it did not reclassify the island as agricultural land that may be subject to private ownership.

“Lastly, the issue of whether private claimants have acquired vested rights or private ownership of the lands they occupy has been extensively discussed in our decision. There is no need for us to go over the same again,” the Court said in its December resolution.

Boracay investors in Hong Kong had earlier called the decision a “land grab”

The Department of Environment and Natural Resources, however, hailed the decision which would give government more control over the island’s development.

Boracay is the country’s premier beach destination. Norman Bordadora



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