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SIXTEENTH CONGRESS
First Regular Session Noe

HOUSE BILL NO.. 8427

Introduced by Hon. Giorgidi B. Aggabao

EXPLANATORY NOTE

The beautiful island of Boracay in the Province of Aklan is a major tourist
destination in our country and hailed in 2012 by a prestigious international travel
magazine as the most beautiful island of the world. Indeed, the island's pristine natural
beauty with its stunning white sand beach, clear and blue waters set against such
comfortable and modern facilities and amenities has earned Boracay a travel haven and
recreational delight. After dark, this island transforms itself virtually into a one big
party place of singing, dancing and frolicking of local and international visitors alike.

In the midst of all these, however lies a long standing unresolved issue of land
titling. Many claimants who have been in possession of these lands for more than 30
years and have religiously paid the corresponding real estate taxes thereon are quietly
hanging on to their hope that someday, one day, their rights will be recognized and
their title to the lands will be given them.

‘This bill aims to establish a mechanism for Boracay’s land use and development
subject to environmental safeguards and protection, as well as a mode of acquisition by
which certain agricultural disposable lands can be titled to qualified citizens
particularly those who, for at least the past 30 years have been in possession or in
cultivation of such lands and have paid real estate taxes thereon.

Approval of this bill is earnestly sought.

GIORGIDI eo

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3427

HOUSE BILL NO.

Introduced by Hon. Giorgidi B. Aggabao

AN ACT
ESTABLISHING A SUSTAINABLE LAND DEVELOPMENT AND USE
OF THE ISLAND OF BORACAY, AKLAN AND PROVIDING FOR ACQUISITION OF
DISPOSABLE AGRICULTURAL LAND WITHIN THE ISLAND, PROVIDING
ENVIRONMENTAL SAFEGUARDS AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives in Congress assembled:

CHAPTER I
TITLE, POLICY AND OBJECTIVES

SECTION 1. Declaration of Policy. ~ Sections 1 to 4, Article XII of the Constitution
provide the State policy on national economy and patrimony, declaring among others, the goals
of a more equitable distribution of opportunities, income and wealth, and the State’s ownership
over all lands of the public domain, with the exception of agricultural lands.

Consequently, the State hereby adopts a policy of ensuring a fair, orderly and expeditious
manner of distributing its wealth and resources, specifically lands forming part of its public
domain which have been classified as alienable and disposable without compromising, however,

the protection and conservation of the country’s natural resources

Towards this end, a policy mechanism is hereby adopted to allow and facilitate the titling
of lands in the Island of Boracay in favor of qualified Filipinos. This is for the purpose of


providing security of land tenure and in recognition of the need to accelerate the country’s
development in a more sustainable and defined manner specifically in the said island,

The State shall likewise undertake measures to adopt sustainable development strategies
of forestlands, national parks and other natural resources in the Island of Boracay and provide
environmental safeguards for the same.

SEC. 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 purposes pursuant to Proclamation No. 1064:
Provided, however, That, the Department of Environment and Natural Resources (DENR) in
coordination with the National Mapping and Resource Information Authority (NAMRIA) and
the local government units concerned shall conduct a mandatory review of the classification
under Proclamation No. 1064 especially those parcels of land classified as agricultural or forest
lands, which have been in the possession of individuals and through their predecessors-in-
interest and whose real property taxes thereon are being paid for at least thirty (30) years
including those who have acquired such lands and their successors-in-interest before the
effectivity of this Act. Such review shall be made as basis for the confirmation or correction for
the purpose of titling, as the case may be, of the technical description contained in Proclamation
No. 1064. Moreover, during the pendency of such review, individuals possessing such parcels of
land and paying the real estate taxes thereon for at least thirty (30) years shall be accorded the
right to possession, use, disposition, development and enjoyment thereof.

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”.

SEC. 3. Mode of Acquisition. ~ The DENR 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 or original certificate of title to any citizen of the Philippines who for at


least thirty (30) years prior to the effectivity of this Act has continuously occupied, acquired
and/or cultivated either by himself or through his predecessors-in-interest, or who shall have paid
the real estate tax thereon; Provided, however, that the individual can establish proof of
‘ownership, acquisition or any other means through their predecessors-in-interest over any parcel
thereof, Such qualified person shall be entitled under this Act to have a free patent or original
certificate of title issued to him for such tract of land not to exceed twelve (12) hectares per
applicant; Provided, further, that the DENR 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, finally, 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.

The provisions of Commonwealth Act No, 141, as amended, otherwise known as the
“Public Land Act”, not inconsistent herewith, shall be applicable.

SEC. 4. Protected Forest Lands, ~ Areas of the public domain within the Island of
Boracay classified as forestlands pursuant to Proclamation No. 1064 and in compliance with
Section 2 hereof are hereby declared forestlands; Provided, however, that those areas classified
as forest lands have undergone the process stated in Section 2 hereof; for classification as true
forest lands, 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;

(©) Three (3) meters landward on both sides of creeks and canals; and


(4) Caves and cave resources within the public domain and private lands,

excluding any aqueduct, mine tunnel and other man-made excavations.

Such forestlands shall be conserved, preserved and regulated by the DENR, 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

SEC. 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 DENR 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 imposed by existing DENR 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.

For the safety of the local communities and tourists, the development of the Island of
Boracay shall also take into consideration the hazard-prone areas of the island, No development
shall take place for areas identified as highly susceptible to natural hazards even though it is

within the parcels of land delineated and declared as agricultural.

SEC. 6. Boracay Island Council. — There is hereby created a Boracay Island Council,
hereinafter referred to as the Council, which shall be under the Office of the President.

The Council shall be composed of the following
(1) The Secretary of the DENR or his/her duly authorized representative;
(2) The Secretary of the Department of the Interior and Local Government or

his/her duly authorized representative;


(3) The Secretary of the Department of Tourism or his/her duly authorized
representative;

(4) The Secretary of the Department of Justice or his/her duly authorized
representative;

(5) The Administrator of the NAMRIA or his/her duly/authorized
representative;

(6) The Director of the Land Management Bureau or his/her duly authorized
representative;

(7) The administrator of the Land Registration Authority or his/her duly
authorized representative;

(8) ‘The Chairperson of the National Commission on Indigenous Peoples or
his/her duly authorized representative;

(9) Incumbent Member of the House of Representatives who has jurisdiction
over the Island of Boracay;

(10) ‘The Goyemor of the Province of Aklan;

(11) The Mayor of the Municipality of Malay, Province of Aklan;

(12) The Punong Barangay of the three barangays comprising the island of
Boracay, namely: Manoc-manoe, Balabag and Yapak; and

(13) Such other members from the private sector as the majority of the Couneil

may determine.

‘The chairperson of the Council shall be appointed by the President for a term of one (1)
year. The Couneil shall elect, from among its members, a vice-chairperson.

A majority of the members of the Council shall constitute a quorum for the conduct of its

business.

SEC. 7. Powers and Functions of the Council. —~ The Council shall exercise the
following powers and functions:


(1) Formulate plans and policies as may be necessary to carry out the
provisions of this Act;

(2) Coordinate with the local governments units concerned to ensure that the
latter’s plans, programs and projects are aligned with the plans, programs and policies
of the Council;

(3) Call on any department, bureau, office, agency or instrumentality of the
government, and private entities and organizations for cooperation and assistance in
the performance of its functions;

(4) Arrange, negotiate for, accept donations, grants, gifts, loans and other
funding from domestic and foreign sources to carry out the activities and purposes of
the Council;

(5) Recommend to Congress such matters that may require legislation in

support of the objectives of the Coune

(6) Adopt, amend and rescind such rules and regulations and impose
reasonable fines therefor for the effective implementation of the provisions of this
Act; .

(7) Enforce the provisions of this Act and other existing laws, rules and
regulations similar to or complementary with this Act,

(8) Perform related functions which shall promote the development,
conservation, management, protection, and utilization of the natural resources of the
Island of Boracay; and

(9) Perform, such other powers and functions as may be necessary in carrying

out its functions, powers and provisions of this Act.

SE
implementation of this Act, there shall be created a Congressional Oversight Committee,

8, Congressional Oversight Committe. For the full and effective

hereinafter referred to as the Boracay Island of 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 order of the Boracay Island
Congressional Oversight Committee.

The secretariat of the oversight committee shall be drawn from the existing secretariat
personnel of the committees comprising the oversight

SEC. 9, Penalty, ~The penalty of six (6) years imprisonment or a fine of One Hundred
Thousand Pesos (P100,000,00), or both at the discretion of the court shall be imposed upon any

person who shall violate the provisions of this Act.

Should the offending party be a government official or employee, he shall suffer, in
additional to the aforementioned penalties, perpetual and absolute disqualification to hold public

office.

SEC. 10. Implementing Rules and Regulations. —'The Department of Environment and
Natural Resources, in coordination with the Provincial Government of the Province of Aklan and
in consultation with the Boracay Island Congressional Oversight Committee, shall within ninety
(90) days from the enactment of this Act, promulgate the rules and regulations necessary for the
implementation of this Act


SEC. U1. 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.

SEC. 12. Repeating Clause. ~ All laws, decrees, executive orders, proclamations and
administrative regulations, or parts thereof inconsistent herewith are hereby repealed or modified

aecordingly.

SEC. 13. Effectivity Clause, ~ This Act shall take effect immediately after its publication
in at least two national newspapers of general circulation.

Approved,