Boracay is public property, Supreme Court rules
abs-cbnNEWS.com | 10/08/2008 8:16 PM
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Voting 12-0, the Supreme Court (SC) ruled Wednesday that the world-famous Boracay island is part of the public domain and that its private landowners cannot get titles to their properties, at least, not until Congress passes a law allowing it.
In an October 8 ruling penned by Associate Justice Ruben Reyes, the SC reversed a Court of Appeals decision that sustained a local government order to start a survey of Boracay for titling purposes.
The SC also rejected a petition of the landowners to nullify President Gloria Macapagal-Arroyo's Proclamation 1064 classifying Boracay into a forest reserve and agricultural land.
Associate Justice Renato Corona took no part in the decision as he is on official leave.
Associate Justice Eduardo Nachura also did not take part in the decision since he had participated in the case as Solicitor General.
Associate Justice Antonio Carpio did not take part since he has relatives who own properties in Boracay.
The ruling means that the demands of beach resort owners and other establishments for land titles cannot be granted.
But the SC said that even if the Boracay landowners are not eligible to have land titles, it doesn't mean that they will be kicked out of their properties.
The SC said that "lack of title does not necessarily mean lack of right to possess."
"For one thing, those with lawful possession may claim good faith as builders of improvements. They can take steps to preserve or protect their possession. For another, they may look into other modes of applying for original registration of title, such as homestead or sales patent, subject to the conditions imposed by law," the SC said.
"More realistically, Congress may enact a law to entitle private cliamants to acquire title to their occupied lots or to exempt them from certain requirements under the present land laws," the SC said.
The decision noted that one such bill is already pending in the House of Representatives.
Boracay island in Malay, Aklan is famous for its white sand beaches. It is the country's premier beach destination.
It is home to over 12,000 inhabitants in three barangays, the SC said.
The late former President Marcos had earlier declared Boracay island as tourist zones and marine reserves, which prevented the landowners from getting land titles to their properties.
But the landowners said they have been in occupying their properties in Boracay "since time immemorial" and that they had paid realty taxes on them.
The Office of the Solicitor General opposed this on the ground that Boracay island was public forest or part of the public domain. -- with a report from JORGE CARINO, ABS-CBN News
