House approves bill to allow land titling on Boracay

ILOILO CITY—The House of Representatives has approved a bill that allows long-term land occupants on Boracay Island to have their properties titled.

The House approved House Bill No. 4796 on second reading on Aug. 3 and is expected to formally pass it on the third and final reading this week, said Aklan Rep. Florencio Miraflores, the bill’s principal author.

The bill titled “Establishing a Mechanism for the Sustainable Development and Use of the Island of Boracay, Municipality of Malay, Province of Aklan” seeks to resolve ownership questions and disputes on lots on the 1,032-hectare island-resort.

“Hopefully, when the bill becomes a law, this will once and for all resolve the land ownership problem on Boracay,” Miraflores said in a telephone interview on Sunday.

The proposed law would exempt property claimants in Boracay from certain requisites for land ownership under the Public Land Act and other laws.

The bill allows occupants of land on the island to be issued free patent if they have been continuously occupying their lots for at least 30 years prior to the passage of the bill. The patent is limited to a maximum of 12 hectares per applicant.

The 30-year period would also include the occupancy of previous occupants of the property being applied for patent.

Under present land ownership laws, land claimants over public lands will have to wait for 30 years after the land is declared alienable and disposable before they can apply for titling.

In the case of Boracay, that would mean 30 years after the issuance of Presidential Proclamation (PP)1064 in 2006 or in 2036.

PP1064, issued by then president Gloria Macapagal-Arroyo on May 22, 2006, categorized 628.96 hectares or 60.94 percent of the island as alienable and disposable, and the rest as forest land and protected areas.

Only about a third of the island (292 hectares), belonging to the heirs of Ciriaco Tirol, are titled, according to the Department of Environment and Natural Resources.

Most land claimants on the island pay tax declarations, many for more than 30 years, as proof of ownership or rights over properties.

But the boom in the island’s tourism industry has attracted property claimants and investors. This has increased the number of lots from 270 in the 1970s to more than 6,000 at present.

The price of land on the island has also risen significantly ranging from P15,000 to P50,000 per square meter for properties near the  beach and from P5,000 to P15,000 per sq m for those inland.

Miraflores said the bill would correct the flaws of Proclamation 1064 and exempt Boracay from  existing laws  deemed unsuitable for the island.