FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
S E N A T E  
, 
INTRODUCED BY HONORABLE MAR R O U S  
The Island of Boracay is considered as the crown jewel of the Philippine tourism 
industry but has become a heavily developed island for residential, tourism and commercial 
purposes. Government records however show that the entire island remained unclassified, 
hence, pursuant the authority of the President to classify lands as alienable and disposable, 
Proclamation No. 1064 was issued in 22 May 2006 declaring certain parcels of land in the 
Island of Boracay as agricultural and open to disposition. 
The Supreme Court, in SecretaF of Environment and Natural Resources vs Yap, e t d ,  
has pronounced that there is nothing invalid or irregular, much less unconstitutional about 
the classification of Boracay Island made through Proclamation No. lU64. It further declared 
that in issuing the said Proclamation, the government has taken the step necessary to open 
up the island to private ownership. Unfortunately, the said Proclamation is d e n t  as to the 
mode of acquisition of the lands declared as alienable and disposable. Thus, the Supreme 
Court in the same case affirmed that Congress may enact a law providing for the registration 
of title to the said lands, thereby enabling private parties to acquire title to their occupied 
lots. 
Thus, this bill defines the mode of acquisition of the lands classified as agricultural 
land open to disposition in the Island of Boracay through a free patent system that will 
enable qualified citizens to have these lands titled in their name. Moreover, taking into 
consideration the importance of ensuring the sustainable use and development of the island, 
this proposed measure requires strict compliance with the land use plan approved by the 
local government unit and existing rules and regulations of the Department of Environment 
and Natural Resources. The environmental integrity of the island is likewise protected as the 
bill identifies protected forest areas and recognizes rights of indigenous cultural communities 
to their ancestral domain. 
In sum, the intent of this bill is two-pronged to facilitate the titling of lands in favor 
of present, qualified occupants and to ensure the sustainable and balanced development and 
use of the Island of Boracay. 
In view of the foregoing, early passage of this bill is e 
’ G.R. 167707, October 8,2008 


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FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
INTRODUCED BY HONORABLE MAR R O U S  
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 Representatives of the Philippines in Congress 
assem bled. 
SECTION 1. Declaration of Policy. - Pursuant to Article XII, Section 1 of the 1987 
Philippine Constitution that the goals of the national economy are a more equitable 
distribution of opportunities, income and wealth, the State hereby adopts a policy of 
ensuring the fair and expeditious titling of alienable and disposable agricultural lands of the 
public domain, Towards this end, the State shall facilitate the titling of lands in favor of 
qualified Filipinos to provide them with security of land tenure. Further, in recognition of 
the need to accelerate the country’s development without compromising the protection and 
conservation of the country’s natural resources, the State shall undertake measures to adopt 
sustainable development strategies of forestlands, national parks and the resources therein 
and provide .environmental safeguards while at the same time spurring local economic 
growth 
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SECTION 2. Coverage- The provisions of this Act shall apply to the parcels of land of the 
public domain located in the Island of Boracay, Municipality of Malay, Province of Aklan 
delineated and declared as agricultural lands open to disposition for agricultural, residential, 
commercial, industrial or other productive purpose through Proclamation No. 1064 The 
aforementioned agricultural lands are likewise hereby excluded from the operation of 
Presidential Proclamation No. 1801, dated 10 November 1978, entitled, “Declaring Certain 
Islands, Coves and Peninsulas as Tourist Zones and Marine Reserves under the 
Administration and Control of the Philippine Tourism Authority”. 
SECTION 3. Mode of Acquisition. - The Department of Environment and Natural 
Resources shall alienate the agricultural lands identified in Section 2 hereof, subject to the 
limitations provided for in this Act, through the issuance of a free patent over any parcel 
thereof to any citizen of the Philippines who for at least thirty (30) years prior to the 
effectivity of this Act has continuously occupied and/or cultivated either by himself or 
through his predecessors-in-interest or who shall have paid the real estate tax thereon while 
the same has not been occupied by any other person. Such qualified person shall be entitled 
under this Act to have a free-patent issued to him for such tract of land not to exceed twelve 
(12) hectares per applicant; Provided, That the Department of Environment and Natural 
Resources shall also reserve lands or lots of sufficient size and strategic location to the local 
government of Malay, the Province of Aklan and other agencies of the national government 
for essential public purposes and/or services such as school buildings, public plazas, health 
centers and similar offices and similar purposes including necessary avenues, streets and 
alleyways; Provided, firther, That any title that may be issued over lands for public purpose 
shall be in the name of the Republic of the Philippines and all roads, avenues, streets, 
alleyways shall be in the name of the Province of Aklan. 
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The provisions of Commonwealth Act No. 141, as amended, otherwise known as the 
“Public Land Act”, not inconsistent herewith, shall be applicable. 
SEC~ION 
4. Protected Forest Lands. - Areas of the public domain within the Island of 
Boracay classified as forestlands pursuant to Proclamation No. 1064 are hereby declared 
forestlands, under the sub classification of protection forests. For ecological and rational land 
use considerations, the following shall also constitute part of the protected forestlands and 
inalienable portions of the public domain, to wit: 
(a) Five (5) meters strip inland from the twenty-five (25) meters mandatory beach front 
easement, measured from the mean high water mark 
(b) Five (5) meters on each side of the centerline of roads, for road protection and 
widening and drainage; and 
(c) Three (3) meters landward on both sides of creeks and canals. 
Such forestlands shall be conserved, preserved and regulated by the Department of 
Environment and Natural Resources, jointly with the Municipal Government of Malay, the 
Provincial Government of Aklan and concerned national agencies pursuant to the provisions 
of Presidential Decree No. 705, as amended, otherwise known as the “Revised Forestry Code 
of the Philippines”, Republic Act No. 9072, otherwise known as the “National Caves and 
Cave Resources Management and Protection Act”, their implementing rules and regulations, 
as well as other pertinent laws, proclamations, issuances and administrative orders on 
conservation and environmental protection. 
SECTION 5. Strict Repdation of the Utilization and Development of the Island. - The 
utilization and development of all areas along the Island of Boracay shall be strictly regulated 
by the Department of Environment and Natural Resources pursuant to all laws and statutes 
on the utilization and protection of natural resources and the environment, and must strictly 
comply with the land use plan approved by the local government unit and the requirements 
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imposed by existing Department of Environment and Natural Resources rules, regulations 
and other issuances, taking into consideration the sustainable use and development of the 
area and at all times with utmost respect to the right of indigenous cultural communities to 
their ancestral lands. 
SECTION 6. Congressional Oversight Committee. For the full and effective 
implementation of this Act, there shall be created a Congressional Oversight Committee, 
hereinafter referred to as the Boracay Island Congressional Oversight Committee, to be 
composed of four (4) members each from the Senate and House of Representatives, which 
shall be the Chairpersons of the Senate Committees on Environment and Natural Resources, 
Tourism and Local Government and another senator who shall be appointed by the Senate 
President, and, Chairpersons of the House Committees on Natural Resources, Tourism and 
Local Government, and the elected Representative of the Province of Aklan subject to 
appointment by the Speaker of the House of Representatives. It shall be chaired by the 
Chairperson of the Senate Committee on Environment and Natural Resources, and the Vice- 
Chair shall be the Chairperson of the House Committee on Natural Resources. 
The Boracay Island Congressional Oversight Committee shall be the principal body 
tasked to monitor and evaluate the implementation of the provisions of this Act. For such 
purpose, it may require, from time to time, the Department of Environment and Natural 
Resources and the local government unit to submit a comprehensive status and 
accomplishment report on the implementation of the provisions of this Act. The Secretary of 
the Department of Environment and Natural Resources shall promptly comply with any 
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order of the Boracay Island Congressional Oversight Committee. 
SECTION 7. Implementing Rules and Regulations. - The Department of Environment 
and Natural Resources, in coordination with the Provincial C&ernment of the Province of 
Aklan and in consultation with the Boracay Island Congrqssional Oversight Committee, shall 
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within ninety (90) days from the enactment of this Act, promulgate the rules and regulations 
necessary for the implementation of this Act. 
SECTION 8. Separability Clause. - If, for any reason, any provision of this Act is declared 
unconstitutional or invalid, other provisions hereof which are not effected thereby shall 
continue to be in full force and effect. 
SECTION 9. Repealing Clause. - All laws, decrees, executive orders, proclamations and 
ddhinistrative regulations, or parts thereof inconsistent herewith are hereby repealed or 
modified accordingly. 
SECTION 10. Eflectiviq Clause. - This Act shall take effect immediately after its 
publication in at least two national newspapers of general circulation. 
Approved, 
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