Boracay group seeks policy changes to solve land woes

BORACAY PROBLEM: Boracay’s beaches are teeming with tourists as travel restrictions are eased. Residents and property owners on the island in Malay, Aklan, however, are facing a different problem as questions on land ownership have yet to be resolved. —JACK JARILLA

ILOILO CITY, Iloilo, Philippines — A group of residents and business stakeholders on Boracay Island is pushing for major amendments or the repeal of a 2006 presidential proclamation that classified lands on the island to enable longtime occupants to have their properties titled.

Natives of Boracay and Business Stakeholders Inc. (Nabbsi) wants Presidential Proclamation No. 1064 amended to resolve land ownership issues still plaguing claimants and long-term occupants on the 1,032-hectare island.

PP 1064, issued by then President Gloria Macapagal-Arroyo, classified 628.96 ha of land in Boracay as alienable and disposable, which could be subjected to privatization, while 377.68 ha were classified as forest land or public land. The rest are protected areas.

The categorization of lands on the island under the presidential proclamation is the basis for the removal of structures and occupants on areas classified as forest land.

Several residents and property owners have been arrested and are facing criminal charges after they failed to vacate the forest lands.

Road easement

Even during the issuance of PP 1064, most of the areas categorized as public land were occupied and built up with residential and commercial structures.

The presidential proclamation also needs to be amended due to its provisions that mandate a 30-meter road easement on the island, according to Nabbsi.

It pointed out that 30-meter-wide roads were “unrealistic” on a small island like Boracay, a major tourist destination in Aklan province.

In the rehabilitation of roads on the island, a 12-meter road easement was implemented consistent with a municipal ordinance instead of following PP 1064.

In a resolution passed on Oct. 28, the municipal council of Malay in Aklan, where the island is located, created a technical working group to draft a bill that would amend the presidential proclamation.

NIGHTLIFE Beachfront bars and restaurants in Boracay welcome the return of patrons who want to relax and enjoy the island’s nightlife. —JACK JARILLA

Legality questioned

The council, in its resolution, said it supported land property claimants and long-term occupants to resolve the land issues on the island.

Property claimants and occupants, including those occupying lands for several generations, had questioned the legality of the presidential proclamation.

The Supreme Court on Oct. 8, 2008, upheld PP 1064, declaring the entire island a property of the state, except those with titles. Most land claimants in Boracay pay tax declarations, many for more than 50 years, as proof of ownership or rights over properties.