Republic of the Philippings  PECENviEN
HOUSE OF REPRESENTATIVES) .:- 09 AUG 2016
Quezon City, Metro Manila; =i

SEVENTEENTH CONGRESS
First Regular Session ai Rt
Ls

HOUSE BILL NO. _ 2735

EXPLANATORY NOTE

This bill seeks to correct the flaws of Proclamation
1064 and exempt Boracay from existing laws deemed
unsuitable for the island and institute a system for the
sustainable development and use of the island, defining
for the purpose the mode of acquisition for certain
parcels of its public domain classified as agricultural
land which is open to disposition under Proclamation No.
1064 and providing environmental safeguards therefor.
This would exempt property claimants in Boracay from
certain requisites for land ownership under the Public
Land Act and other laws and would eventually permit
long-term land occupants on the island to have their
terra firma titled.

The magnificent island, with its powdery white sand
beaches and warm crystalline waters, is reputedly a
premier Philippine tourist destination. The island is also
home to 28,369 inhabitants (as of 2010 census) who live
in the bone-shaped island’s three barangays. It is


situated approximately 315 km (200 miles) south of
Manila and 2 km off the northwest tip of the island of
Panay in the Western Visayas region of the Philippines.
The island comprises the barangays of Manoc-Manoc,
Balabag, and Yapak (3 of the 17 barangays which make
up the municipality of Malay).

The Philippine Bill of 1902, Act No. 926, and
Proclamation No. 1801 did not convert a big chunk of the
island into an agricultural land. The island remained an
unclassified land of the public domain and, applying the
Regalian doctrine, is considered State property. The
Regalian Doctrine dictates that all lands of the public
domain belong to the State, that the State is the source
of any asserted right to ownership of land and charged
with the conservation of such patrimony. All lands that
have not been acquired from the government, either by
purchase or by grant, belong to the State as part of the
inalienable public domain.

With this doctrine, only about a third of the island
(292 hectares), belonging to the heirs of Ciriaco Tirol, are
titled, according to the DENR. Titling application has
been a big issue on the island since Presidential
Proclamation 1801 was issued in 1978 and Philippine
Tourism Authority Circular No. 3-82 implementing the
said Proclamation, in opposition to applications for
confirmation of imperfect title or free patent on the
island. This Proclamation 1801 declares certain islands,
coves and peninsulas in the Philippines as tourist zones
and marine reserves under the administration and
control of the Philippine Tourism Authority. The Supreme


Court in Secretary of DENR vs. Yap came out with a
ruling upholding Proclamation No. 1801, as well as
Philippine Tourism Authority Circular No. 3-82 that said
decrees did not convert the whole of Boracay into an
agricultural land. Simply put, the proclamation is aimed
at administering the islands for tourism and ecological
purposes. It does not address the areas’ alienability. By
the same token, in the early part of 2006, a new
Proclamation No. 1064 was issued which concerns land
valuation and titling procedures such as Administrative
Titling through Free patent and Judicial Titling through
local courts which have all been made possible through
P.D. 1064. It classified 628.96 hectares of the 1,032-
hectare island or 60.94 percent of the total land area, as
alienable and disposable on the premise that the whole of
Boracay is government property. While this presidential
proclamation declared parts of Boracay as government
lands, the Supreme Court clarified that this does not
mean automatic ouster from the residential, commercial
and other areas occupied by private individuals and
corporations. The proclamation actually paves the way
for the consolidation of ownership and titling of lands by
the present occupants as the Supreme Court upheld the
right to possess and the right to claim good faith as
builders of improvements.

Consistently with this ruling of the Supreme Court
and to protect the private investments in Boracay, the
Philippine Congress is proposing for an enacting a law to
entitle present occupants to acquire title to their
occupied lots or to exempt them from certain
requirements under the present land laws.


The bill would allow occupants of land on the island
to be issued free patent if they have been continuously
occupying their lots for at least 30 years prior to the
passage of the bill. The patent is limited to a maximum of
12 hectares per applicant. The 30-year period would also
include the occupancy of previous occupants of the
property being applied for patent. Under present land
ownership laws, land claimants over public lands will
have to wait for 30 years after the land is declared
alienable and disposable before they can apply for titling.
In the case of Boracay, that would mean 30 years after
the issuance of Presidential Proclamation 1064 in 2006,
which is in 2036.

With the issuance of Proclamation 1064, there is a
necessity to establish a mechanism wherein the
sustainable development and use of the island is
guaranteed. The decree bestowed the essential
framework for such mechanism and its constitutionality
was sustained by the Supreme Court. It is now left for
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
(DENR) to alienate parcels of land of the public domain
located in the island, 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 who shall have paid the
real estate tax thereon while the same has not been
occupied by any other person.

This bill will once and for all resolve the land
ownership problem on Boracay and will provide
safeguards including a mandate to respect the rights of
the indigenous cultural communities to their ancestral
lands. The bill allows occupants of land on the island to
be issued free patent if they have been continuously
occupying their lots for at least 30 years prior to the
passage of the bill. The patent is limited to a maximum of
12 hectares per applicant. The 30-year period would also
include the occupancy of previous occupants of the
property being applied for patent.

Given the considerable contribution of Boracay

island to the economy and the tourism industry, the
immediate approval of this measure is earnestly sought.

np Zs

ENGR. CARLITO “Lito” MARQUEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 275)

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 the House of Representatives of
the Philippines in Congress assembled:

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

7

a


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.

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 cultivate 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 purpose and/or services such as school
building, public plazas, health centers and similar offices
and similar purpose including necessary avenues, streets
and alleyways; Provided Further, That any title that may
be issued over lands for public purpose shall be in the
name of the Republicof the Philippines and all
roads, avenues, streets, alleyways shall be in the name of
the Province of Aklan. The provisions of
Commonwealth Act No. 141, as amended, otherwise
known as the "Public Land Act", not inconsistent
herewith, shall be applicable.

SECTION 4. Protected Forest Lands. — Areas of the
public domain within the island of Boracay classified as
forestlands pursuant toProclamation 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
andcanals. Such forestlands shall be conserved,
preserved and regulated by the Department of
Environmental 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 Regulation 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
requirements 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. Implementing Rules and Regulations. -
The Department of Environment and Natural Resources,
in coordination with the Provincial Government of the
Province of Aklan and a representative from the Office of
the Congresssman of the Lone District of Aklan, shall


within ninety (90) days from the enactment of this Act,
promulgate the rules and regulations necessary for the
implementation of this Act.

SECTION 7. Separability Clause. — If, for any reason,
any provision of this Act is declared unconstitutional or
invalid, other provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SECTION 8. Repealing Clause. - All laws, decrees,
executive orders, proclamation and administrative
regulations, or parts thereof inconsistent herewith are
hereby repealed or modified accordingly.

SECTION 9. Effectivity Clause. - This Act shall take
effect immediately after its publication in at least two
national newspapers of general circulation.

Approved.