FIFTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
} 
Third Regular Session 
} 
SENATE 
SENATE BILL NO. 3275 
, , 
(In substitution of Senate Bill Nos, 727,2481 and 2953) 
Prepared jOintly by the Committees on Environment and Natural Resources; 
and on Local Government with Senators Ejercito Estrada, Drilon, Trillanes IV, Escudero, 
and Marcos jr. as authors 
AN ACT 
ESTABLISHING A POLICY 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 PARCELS 
OF LAND WITHIN THE ISLAND CLASSIFIED AS AGRICULTURAL LAND OPEN TO 
DISPOSITION 
'UNDER 
PROCLAMATION 
NO. 
1064 
AND 
PROVIDING 
ENVIRONMENTAL SAFEGUARDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: 
1 
SECTION 1. Declaration of Policy. - Sections 1 to 4, Article XII of the Constitution 
2 
provide the State policy on national economy and patrimony, declaring, among others, 
3 
the goals of a more equitable distribution of opportunities, income and wealth, and the 
4 
State's ownership over all lands of the public domain, with the exception of agricultural 
5 
lands. 
6 
Consequently, the State hereby adopts a policy of ensuring a fair, orderly and 
7 
expeditious manner of distributing its wealth and resources, specifically lands forming 
8 
part of its public domain which have been classified as alienable and disposable without 
9 
compromising, however, the protection and conservation of the country's natural 
10 
resources. 


-z-
1 
Towards this end, a policy mechanism is hereby adopted to allow and facilitate 
2 
the titling of lands in the Island of Boracay in favor of qualified Filipinos. This is for the 
3 
purpose of providing security ofland tenure and in recognition of the need to accelerate 
4 
the country's development in a more sustainable and defined manner specifically in the 
5 
said island. 
6 
And corollary to this, the State shall likewise undertake measures to adopt 
7 
sustainable development strategies of forestlands, national parks and other natural 
8 
resources in the Island of Boracay and provide environmental safeguards for the same. 
9 
SEC. Z. Coverage. -The provisions of this Act shall apply to the parcels ofland of 
10 
the public domain located in the Island of Boracay, Municipality of Malay, Province of 
11 
Aldan, delineated and declared as agricultural lands open to disposition for agricultural, 
12 
reSidential, commercial, industrial or other productive purposes pursuant to 
13 
Proclamation No. 1064: Provided, however, That, the Department of Environment and 
14 
Natural Resources (DENR) in coordination with the National Mapping and Resource 
15 
Information Authority (NAMRIA) and the local government units concerned shall 
16 
conduct a mandatory review of the classification under Proclamation No. 1064 
17 
especially those parcels of land otherwise classified as agricultural, have been in the 
18 
possessioh of individuals and whose real property taxes thereon are being paid for at 
19 
least thirtY (30) years before the effectivity of this Act. Such review shall be made as 
20 
basis for the confirmation or correction, as the case may be, of the technical description 
21 
contained in Proclamation No. 1064. Moreover, during the pendency of such review, 
22 
individuals possessing such parcels of land and paying the real estate taxes thereon for 
23 
at least thirty (30) years shall be accorded the right to possession. 


-3-
1 
The aforementioned agricultural lands are likewise hereby excluded from the 
2 
operation of Presidential Proclamation No. 1801, dated 10 November 1978, entitled 
3 
"Declaring Certain Islands, Coves and Peninsulas as Tourist Zones and Marine Reserves 
4 
under the Administration and Control of the Philippine Tourism Authority". 
5 
SEC. 3. Mode of Acquisition. -The DENR shall alienate the agricultural lands 
6 
identified in Section 2 hereof, subject to the limitations provided for in this Act, through 
7 
the issuance of a free patent over any parcel thereof to any citizen of the Philippines 
8 
who for at least thirty (30) years prior to the effectivity of this Act has continuously 
9 
occupied and/or cultivated either by himself or through his predecessors-in-interest, 
I 
10 
or who shall have paid the real estate tax thereon. Such qualified person shall be 
I 
11 
entitled under this Act to have a free patent issued to him for such tract of land not to 
12 
exceed twelve (12) hectares per applicant: Provided, That the DENR shall also reserve 
13 
lands or lots of sufficient size and strategic location to the local government of Malay, 
14 
the Province of Aldan and other agencies ofthe national government for essential public 
15 
purposes and/or services such as school buildings, public plazas, health centers and 
16 
similar offices and similar purposes including necessary avenues, streets and alleyways: 
17 
Provided, further, That any title that may be issued over lands for public purpose shall 
18 
be in the name of the Republic of the Philippines and all roads, avenues, streets, 
19 
alleyways shall be in the name of the Province of Aklan. 
20 
The provisions of Commonwealth Act No. 141, as amended, otherwise known as 
21 
the "Public Land Act", not inconsistent herewith, shall be applicable. 
22 
SEC. 4. Protected Forest Lands. - Areas of the public domain within the Island of 
23 
Boracay classified as forestlands pursuant to Proclamation No. 1064 and in compliance 
24 
with Section 2 hereof are hereby declared forestlands, under the sub-classification of 


-4-
1 
protection forests. For ecological and rational land use considerations, the following 
I 
2 
shall also. constitute part of the protected forestlands and inalienable portions of the 
I 
3 
public domain, to wit: 
4 
(a) 
Five (5) meters strip inland from the twenty-five (25) meters mandatory 
5 
beach front easement, measured from the mean high water mark; 
6 
(b) 
Five (5) meters on each side of the centerline of roads, for road protection 
7 
and widening and drainage; and 
8 
9 
(c) 
(d) 
Three (3) meters landward on both sides of creeks and canals; and 
Caves and cave resources within the public domain and private lands, 
10 
excluding any aqueduct, mine tunnel and other man-made excavations. 
11 
Such forestlands shall be conserved, preserved and regulated by the DENR, 
12 
jointly with the Municipal Government of Malay, the Provincial Government of Aklan 
13 
and concerned national agencies pursuant to the provisions of Presidential Decree No. 
14 
705, as amended, otherwise known as the "Revised Forestry Code of the Philippines", 
15 
Republic Act No. 9072, otherwise known as the "National Caves and Cave Resources 
16 
Management and Protection Act", their implementing rules and regulations, as well as 
17 
other pertinent laws, proclamations, issuances and administrative orders on 
18 
conservation and environmental protection. 
19 
SEC. 5. Strict Regulation of the Utilization and Development of the Island. - The 
20 
utilization and development of all areas along the Island of Boracay shall be strictly 
i 
21 
regulated by the DENR pursuant to all laws and statutes on the utilization and 
I 
22 
protection of natural resources and the environment, and must strictly comply with the 
23 
land use plan approved by the local government unit and the requirements imposed by 
24 
existing DENR rules, regulations and other issuances, taking into consideration the 


-5-
1 
sustainable use and development of the area and at all times with utmost respect to the 
2 
right of indigenous cultural communities to their ancestral lands. 
3 
For the safety of the local communities and tourists, the development of the 
4 
Island of Boracay shall also take into consideration the hazard-prone areas of the Island. 
5 
No development shall take place for areas identified as highly susceptible to natural 
6 
hazards even though it is within the parcels of land delineated and declared as 
7 
agricultural. 
8 
SEC. 6. Boracay Island Council. -
There is hereby created a Boracay Island 
9 
Council, hereinafter referred to as the Council, which shall be under the Office of the 
10 
President. 
11 
The Council shall be composed of the following: 
12 
(1) 
The Secretary of the DENR or his/her duly authorized representative; 
I 
13 
(2) I 
The Secretary of the Department of the Interior and Local Government or 
14 
his/her duly authorized representative; 
15 
(3) 
The Secretary of the Department of Tourism or his/her duly authorized 
16 
representative; 
17 
(4) 
The Secretary of the Department of Justice or his/her duly authorized 
18 
representative; 
19 
(5) 
The Administrator of the NAMRIA or his/her duly authorized 
20 
representative; 
21 
(6) 
The Director of the Land Management Bureau or his/her duly authorized 
22 
representative; 
23 
(7) 
The Administrator of the Land Registration Authority or his/her duly 
24 
authorized representative; 


-6-
1 
(8) 
The Chairperson of the National Commission on Indigenous Peoples or 
2 
his/her duly authorized representative; 
3 
(9) 
Incumbent Member of the House of Representatives who has jurisdiction 
4 
over the Island of Boracay; 
I 
5 
(10~ 
The Governor of the Province of Aklan; 
6 
(11) 
The Mayor of the Municipality of Malay, Province of Aklan; 
7 
(12) 
The Punong Barangay of the three barangays comprising the island of 
8 
Boracay, namely:· Manoc-manoc, Balabag and Yapak; and 
9 
(13) 
Such other members from the private sector as the majority of the Council 
10 
may determine, 
11 
The Chairperson of the Council shall be appointed by the President for a term of 
12 
one (1) year. The Council shall elect, from among its members, a vice-chairperson. 
13 
A majority of the members of the Council shall constitute a quorum for the 
14 
conduct of its business. 
15 
SEC. 7. Powers and Functions of the Council. - The Council shall exercise the 
16 
following powers and functions: 
17 
(1) 
Formulate plans and policies as may be necessary to carry out the 
18 
provisions of this Act; 
19 
(2) 
Coordinate with the local governments units concerned to ensure that the 
20 
latter's plans, programs and projects are aligned with the plans, programs and policies 
21 
of the Council; 
22 
23 
24 
(3) 
Call on any department, bureau, office, agency or instrumentality of the 
government, and priVate entities and organizations for cooperation and assistance in 
I 
the performance of its functions; 


-7-
1 
(4) 
Arrange, negotiate for, accept donations, grants, gifts, loans, and other 
2 
fundings from domestic and foreign sources to carry out the activities and purposes of 
3 
the Council; 
4 
(5) 
Recommend to Congress such matters that may require legislation in 
5 
support of the objectives of the Council. 
6 
(6) 
Adopt, amend and rescind such rules and regulations and impose 
7 
reasonable fines therefor for the effective implementation of the provisions of this Act; 
8 
(7) 
Enforce the provisions of this Act and other existing laws, rules and 
9 
regulations similar to or complementary with this Act; 
10 
(8) 
Perform related functions which shall promote the development, 
11 
conservation, management, protection, and utilization of the natural resources of the 
12 
Island of Boracay; and 
13 
(9) 
Perform such other powers and functions as may be necessary in carrying 
14 
out its functions, powers, and the provisions of this Act. 
15 
SEC. 8. Congressional Oversight Committee. - For the full and effective 
I 
16 
implementation ofthis Act, there shall be created a Congressional Oversight Committee, 
17 
to be referred to as the Boracay Island Congressional Oversight Committee, to be 
18 
composed of four (4) members from the Senate and four (4) members from the House 
19 
of Representatives. The Chairperson of the Senate Committee on Environment and 
20 
Natural Resources and the Chairperson of the House of Representatives Committee on 
21 
Natural Resources shall be the chair and co-chair of the Boracay Island Congressional 
22 
Oversight Committee, respectively. The other members from the Senate shall be 
23 
appointed by the Senate President based on proportional representation of the parties 
24 
or coalitions therein with at least one (1) senator representing the minority. The other 


-8-
1 
members from the House of Representatives shall be appointed by the Speaker also 
2 
based on proportional representation of the parties or coalitions therein with at least 
3 
one (1) member representing the minority. 
4 
The Boracay Island Congressional Oversight Committee shall be the principal 
5 
body tasked to monitor and evaluate the implementation of the provisions of this Act. 
6 
For such purpose, it may require, from time to time, the DENR and the local government 
7 
unit to 
~ubmit a comprehensive status and accomplishment report on the 
8 
implementation of the provisions of this Act. The Secretary of the DENR shall promptly 
9 
comply with any order of the Boracay Island Congressional Oversight Committee. 
10 
The secretariat of the oversight committee shall be drawn from the existing 
11 
secretariat perso-nnel of the committees comprising the oversight. 
12 
SEC. 9. Penalty. - The penalty of six (6) years imprisonment or a fine of One 
13 
hundred thousand pesos (P100,000.00), or both at the discretion of the court shall be 
14 
imposed upon any person who shall violate the provisions of this Act. 
15 
Should the offending party be a government official or employee, he shall suffer, 
16 
in addition to the aforementioned penalties, perpetual absolute disqualification to hold 
17 
public office. 
18 
SEC. 10. Implementing Rules and Regulations. - Within ninety (90) days from the 
19 
effectivity of this Act, the DENR in coordination with the NAMRlA, all local government 
20 
units, government agencies, private organizations, non-government organizations 
21 
concerned and other stakeholders shall issue the rules and regulations necessary to 
22 
effectively implement the provisions of this Act. 


-9-
1 
SEC. 11. Separability Clause. - If. for any reason. any provision of this Act is 
2 
declared unconstitutional or invalid, other provisions hereof which are not affected 
3 
thereby shall continue to be in full force and effect. 
4 
SEC. 12. Repealing Clause. - All laws, decrees, executive orders, proclamations 
5 
and administrative regulations, or parts thereof inconsistent herewith are hereby 
6 
repealed or modified accordingly. 
7 
SEC. 13. Effectivity Clause.-This Act shall take effect fifteen (15) days after its 
8 
complete publication in the Official Gazette or in two (2) newspaper of general 
9 
circulation in the Philippines. 
Approved,