SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No . .a.2Jl 
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(.ff,;,_.f Hl'~F"'P!. 
'13 
JI.IL -3 P 2~17 " 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Island of Boracay is considered as the crown jewel of the pr.ilippine 
tourism industry but has become a heavily developed island for residential, 
tourism and commercial purposes. Government records however show Ithat 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 Secretary of Environment and Natural Resources 
vs Yap, et.al (G.R. 167707, October 8,2008), has pronounced that there is 
nothing invalid or Irregular, much less unconstitutional about the classification of 
Boracay Island made through Proclamation NO.1064. 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 
dent 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 8onilcay. 
In view of the foregoing, early passage of this bill is earnestly requested. 
GOY EJERCITO ESTRADf 
Senator 
" 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 3 7 9 
"'f'n~tl1 
(1,\11,;0 "I ilt~)c"'~~. 
'13 
JUL -3 P2:17 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 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 
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 
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 
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". 
SEC. 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 


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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, further, 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, ~venues, 
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 
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. 
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 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 imposed 
by existing Department of Environment and Natural Resources rules, reglfllations 
and other issuances, taking into consideration the sustainable use and 
development of the area and at all times with utmost respect to the l right of 
indigenous cultural communities to their ancestral lands. 
SEC. 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 order of the 
Boracay Island Congressional Oversight Committee. 
SEC. 7. 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 
Congrqssional 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. 
I 
I 
SEC. 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. 
SEC. 9. Repealing Clause. - All laws, decrees, executive orders, 
proclamations and administrative regulations, or parts thereof inconsistent 
herewith are hereby repealed or modified accordingly. 
SEC. 10. Eflectivity Clause. - This Act shall take effect immediately after 
its publication in at least two national newspapers of general circulation. 
Approved,