FIFTEENTH CONGRESS OF TI-IE 
REPUBLIC OF TI-IE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2481 
Introduced by Senator Franklin M. Drilou 
EXPLANATORY NOTE 
This bill seeks to establish a mechanism for the sustainable development and use of the 
island of Boracay, Municipality of Malay, Province of Aklan, defining for the purpose the mode 
of acquisition for certain parcels of its public domain classified as agricultural land open to 
disposition under Proclamation No. 1064 and providing environmental safeguards therefor, and 
for other purposes. 
Proclamation No. 1064 provided the necessary framework for such mechanism and its 
constitutionality was sustained by the Supreme Court. It is now left [or Congress as the High 
Court suggested, to flesh out an Act that would fortify this mechanism. Subject to certain 
limitations, the proposed measure authorizes the Department of Environment and Natural 
Resources to alienate parcels of land of the public domain located in the Island of Boracay, 
Municipality of Malay, Province of Aldan delineated and declared as agricultural lands open to 
disposition for agricultural, residential, commercial, industrial or other productive purpose under 
Proclamation No. 1064, through the issuance of a free patent to any citizen of the Philippines 
who for at least thirty (30) years has continuously occupied and/or cultivated either by himself or 
through his predecessors-in-interest or ~ho shall have paid the real estate tax thereon while the 
same has not been occupied by any other person. The bill also provides for the putting in place of 
environmental safeguards including a mandate to respect the rights of the indigenous cultural 
communities to their ancestral lands. 
Given the considerable contribution of Boracay Island to the economy and the tourism 
industry, the immediate approval o[this measure is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No. 2481 
"" .. 
INTRODUCED BY HONORABLE FRANKLIN M. DRILON 
AN ACT 
ESTABLISHING 
A 
MECHANISM 
FOR 
THE 
SUSTAINABLE 
DEVELOPMENT AND 
USE 
OF THE ISLAND 
OF BORACAY, 
MUNICIPALITY OF MALAY, PROVINCE OF AKLAN, DEFINING FOR 
THE PURPOSE THE MODE OF ACQUISITION FOR CERTAIN 
PARCELS 
OF 
ITS 
PUBLIC 
DOMAIN 
CLASSIFIED 
AS 
AGRICULTURAL 
LAND 
OPEN 
TO 
DISPOSITION 
UNDER 
PROCLAMATION NO. 1064 AND PROVIDING ENVIRONMENTAL 
SAFEGUARDS THEREFOR, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled: 
SECTION 1. 
Declaration of Policy. - Pursuant to Article XII, Section I of the 1987 
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Philippine ConstItution that the goals of the national economy are a more eqUItable 
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distribution 
of 
opportunitIes, income and wealth, the State hereby adopts a policy of 
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ensuring the fair and expeditIOUS titling of alienable and disposable agricultural lands of the 
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public domall1. Towards this end, the State shall faCIlitate the titling of lands in favor 
of 
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qualified Filipinos to proVIde them with 
security ofland tenure. Further, in 
recogl1ltlOn of 
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the need to accelerate the country's development without compromising 
the protectIOn and 
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conservation of the country's natural resources, the State shall undeJialce 
measures to adopt 
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sustainable dcvelopment strategies of forestlands, natIonal parks and the resources therem and 
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prOVIde environmental safeguards while at the same tnne spurring local economIc growth. 
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SECTION 2. Coverage- The provisions of this Act shall apply to the parcels of land of 
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the public domain located in the Island of Boracay, Municipality of Malay, Province of 
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Aldan delineated and declared as agricultural lands open to disposition for 
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agricultural, residential, 
commercial, industrial or other productive purpose through 
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Proclamation No. 1064. The aforementioned agricultural lands are likewise hereby 
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excluded from the operation of 
Presidential Proclamation No. 1801, dated 10 
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November 1978, entitled, "Declaring Celiain Islands, Coves and Peninsulas as Tourist 
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Zones and Marine Reserves under the Administration and Control of the Philippine 
9 Tourism Authority". 
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SECTION 3. Mode of Acquisition. ~ The Department of Environment and Natural 
II 
Resources shall alienate the agricultural lands identified in Section 2 hereof, subject to 
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the limitations provided for in this Act, through the issuance of a free patent over any 
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parcel thereof to any citizen of the Philippines who for at least thirty (30) years prior to 
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the effectivity of this Act has continuously occupied and/or cultivated either by himself 
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or through his predecessors-in-interest or who shall have paid the real estate tax thereon 
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while the same has not been occupied by any other person. Such qualified person shall 
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be enti lied under this Act to have a free-patent issued to him for such tract of land not 
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to exceed twelve (12) hectares per applicant; Provided, That the Department of 
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Environment and Natural Resources shall also reserve lands or lots of sufficient size 
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and strategic location to the local government of Malay, the Province of Aldan and other 
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agencies of the national government for essential public purpose and/or services such as 
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school building, public plazas, health centers and similar offices and similar purpose 
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including necessary avenues, streets and 
alleyways; Provided. Further, That any title 
24 that may be issued over lands for pJ.lblic purpose shall be iu the name of the Republic of 
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the Philippines and all roads, avenues, streets, alleyways shall be in the name of the 
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Province of Aldan. 
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The provisions of Commonwealth Act No. 141, as amended, otherwise known as 
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the "Public Land Act", not inconsistent herewith, shall be applicable. 
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SECTION 4. Protected Forest Lands. - Areas of the public domain within the Island 
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of 
Boracay classified as forestlands pursuant to Proclamation No. 1064 are hereby 
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declared 
forestlands, under the sub classification of protection forests. For ecological 
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and rational landuse considerations, the following shall also constitute part of the 
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protectee! forestlands and 
inalienable portions o[the public domain, to wit: 
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(a) Five (5) meters strip inland from the twenty-five (25) meters mandatory beach 
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front easement, measured from the mean high water mark; 
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(b) Five (5) meters on each side of the centerline ofroae!s, for roae! protection and 
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widening and drainage; and 
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(c) Three (3) meters landward on both sides of creeks and canals. 
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Slich forestlands shall be conserved, preserved and regulated by the Department of 
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Environment and Natural Resources, jointly with the Municipal Government of Malay, 
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the 
Provincial Government of Aldan and concerned national agencies pursuant to the 
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proVISions 
of Presidential Decree N. 705, as amended, otherwise known as the 
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"Revised Forestry Code 
of the Philippines", Republic Act No. 9072, otherwise known 
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as the "National Caves and 
Cave Resources Management and Protection Act", their 
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implementing rules and regulations, 
as well as other pertinent laws, proclamations, 
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issuances ane! administrative orders on 
conservation and environmental protection. 
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SECTION 5. Strict Regulation of the Utilization and Development of the Island. -
22 The utilization and deVelopment of all areas along the Island of Boracay shall be strictly 
23 
regulntce! 
by the Department of Environment and Natural Resources pursuant to all 
24 
laws and statutes 
on the utilization and protection of natural resources and the 
25 environment, and must strictly 
comply with the land use plan approved by the local 
26 government unit and requirements 
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imposed by existing Department of Environmcnt and Natural Resources rules, regulations 
2 
and other issuances, taking into consideration the sustainable use and development of the 
3 
area and at all times with utmost re~pect to the right of indigenous cultural communities 
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to 
thei r ancestral lands. 
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SECTION 6. Implementing Rules and Regulations. -
The Department of 
6 
Environment 
and Natural Resources, in coordination with the Provincial Government 
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of the Province of 
Aldan, shall within ninety (90) days from the enactment of this Act, 
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promulgate the rules and 
regulations 
necessary for the implementation ofthis Act. 
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SECTION 7. Separability Clause. - If, for any reason, any provision of this Act is 
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declared 
unconstitutional or invalid, other provisions hereof which are not affected 
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thereby shall 
continue to be in full force and effect. 
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SECTION 8. Repealing Clause. - All laws, decrees, executive orders, proclamation 
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and 
administrative regulations, or parts thereof inconsistent herewith are hereby 
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repealed or 
modified accordingly. 
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SECTION 9. EffectiVity Clause. - This Act shall take effect immediately after its 
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publication inlcasttwo national newspapers of general circulation 
Approved. 
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