SC ruling paves way for new Boracay land use plan--DOT chief
abs-cbnNEWS.com | 10/13/2008 8:05 PM
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The Supreme Court's decision awarding most of the lands on Boracay island to the government will pave the way for a comprehensive land use plan that will define commercial limits on the resort island, Tourism Secretary Ace Durano said Sunday.
Durano asked the municipal government of Malay, Aklan, which has political jurisdiction over the island, to immediately issue and implement the comprehensive land use plan for the 10-square-kilometer island.
"The plan is now with the municipal officials of Malay for their adoption. I call on them to adopt it immediately and for all stakeholders on the island to comply with its provisions," he said.
Boracay is expected to receive 700,000 foreign and local tourists this year. However, there were concerns that the unrestricted commercial development on the island poses threat to its ecological sustainability.
The commercial developments on Boracay have in fact encouraged developers to look to nearby islands such as the larger Carabao Island as their next destination. Carabao Island will have an international airport to be constructed by the Boracay Property Holdings Inc..
Last week, the Supreme Court ruled that the resort island belongs to the government, except for those properties with titles issued before 1975. Only about ten percent of lands on the island have titles.
Durano said the high tribunal confirmed Proclamation No. 1064 issued by President Gloria Macapagal-Arroyo, which delineated Boracay into forest and agricultural lands.
The proclamation, he said, "facilitates further classification of forest land into multi-use and no-use zones and the agricultural land into alienable and disposable."
In a decision penned by Associate Justice Ruben Reyes, the Supreme Court upheld the validity of Proclamation 1064 that classified Boracay into 400 hectares of reserved forest land and 628.6 hectares of agricultural land.
"As a result of this judicial upholding of the Proclamation, it strengthens the comprehensive land use plan the Tourism Department formulated together with the Environment Department, the Philippine Tourism Authority and multi-sectoral stakeholders. For the comprehensive land use plan was based on Proclamation 1064," he said.
Durano said that under the comprehensive land use plan to be implemented by the municipal government of Malay, which has political jurisdiction over Boracay, property owners on the island will be given a fixed time and guidance on how to comply with its provisions.
The land use plan will identify the residential, commercial and tourism zones on Boracay as well as the no-build zones, the wetlands, and the forestland.
It will also impose density limits on commercial activities in Boracay.
The Supreme Court ruled that except for lands already covered by titles issued in 1975 under Presidential Decree No. 705, or the Forestry Reform Code of the Philippines, the whole Boracay island belongs to the government.
The court, however, said its decision should not result in the automatic ouster of the private claimants from the residential, commercial and other areas they now possess.
It said "private claimants may claim good faith as builders of improvements, and they could take steps to preserve or protect their possession."
Aklan Congressman Florencio Miraflores, however, said he filed a bill that will declare some parcels of public land on Boracay as open to disposition for agricultural, residential, commercial, industrial and other productive purposes.
The bill, House Bill No. 1109 or the Road Map to Boracay Development, was filed at the House of Representatives to protect the interest of existing land owners.
However, several resort owners and land occupants are opposing HB 1109, because its classified more than half of Boracay as public domain.
