fig, HE PRESS

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4181

ai

RECEIVED ©

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIL

EXPLANATORY NOTE

The Island of Boracay, with its pristine white sand beaches and turquoise waters, is
undoubtedly one of the crown jewels of the Philippine tourism industry. Its beauty is
comparable to the best beaches in the world and it continues to draw hundreds of thousands
of local and foreign tourists alike year in and year out, bringing in tens of billions of pesos
into the local economy. Yet all is not well in this island paradise.

Titling application has been a big issue on Boracay Island since Presidential Proclamation
1801 was declared in 1978 and Philippine Tourism Authority Circular No. 3-82 was
subsequently issued in opposition of the applications for confirmation of imperfect title or
free patent on the Island. Consequently, Proclamation 1064 issued in 2006 classified 628.96
hectares or 60.94 percent of Boracay as alienable and disposable, and the rest as forest land
and protected areas. Through such proclamation, the government has taken the step necessary
to open up the island to private ownership.

The ruling of the Supreme Court is that there is nothing invalid or irregular, much less,
unconstitutional, about the classification of Boracay Island made through Proclamation No.
1064. And to protect the private investments in Boracay, the Philippine Congress has urged to
enact a law to allow present occupants to acquire title to their occupied lots or to exempt
them from certain requirements under the present land laws.

Thus, this bill aims to resolve the land ownership problem in Boracay. The bill, once
approved, will allow lawful occupants of land on the island to be issued free patents if they
have been continuously occupying their lots for at least 30 years prior to the passage of this
measure. This proposed law, moreover, would exempt property claimants from certain
requisites for land ownership under the Public Land Act and other laws.

In view of the foregoing and in order to bring peace, tranquility and further development to
Boracay, the approval of this bill is earnestly sought.

MANUEL DUUABOCHAN IIL
Representative
Magdalo Para sa Pilipino Party-List

eS
A
er)



oer nur one

ans
12
13
4
15
16

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4181

Introduced by MAGDALO Party-List Representative
_HON. MANUEL DG. CABOCHAN Ii

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:

CHAPTER I
TITLE, POLICY AND OBJECTIVES

SECTION 1. Declaration of Policy. - Sections | to 4, Article XII of the Constitution
provide the State policy on national economy and patrimony, declaring, among others, the
goal 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. And corollary to this, 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.


e©ovyrannewne

10
oe
12
13
14
1s
16
7
18
19
20
2
22
23
24
25
26
27
28
29

31
32
33

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 otherwise classified as
agricultural, have been in the possession of individuals and whose real property taxes thereon
are being paid for at least thirty (30) years before the effectivity of this Act. Such review shall
be made as basis for the confirmation or correction, 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.

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 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. 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 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 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 roads, avenues,
streets, alleyways shall be in the name of the Province of Aklan.


eer anurewne

1
12
13
4
15
16
7
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32
33

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, 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:

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, 12 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


weary aurwone

n
12
123
14
15
16
7
18
19
20
2.
22
23
24
25
26
27
28
29

31
32
33

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
:
y

Council shall be composed of the following:

‘The Secretary of the DENR or his/her duly authorized representative;

The Secretary of the Department of the Interior and Local Government or his/her
duly authorized representative;

. The Secretary of the Department of Tourism or his/her duly authorized

representative;

|. 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;

10.
i
12.

. The Director of the Land Management Bureau or his/her duly authorized

representative;
‘The Administrator of the Land Registration Authority or his/her duly authorized

representative;

. The Chairperson of the National Commission on Indigenous Peoples or his/her

duly authorized representative;

. Incumbent Member of the House of Representatives who has jurisdiction over

the Island of Boracay;

The Governor of the Province of Aklan;

‘The Mayor of the Municipality of Malay, Province of Aklan;

‘The Punong Barangay of the three barangays comprising the island of Boracay,
namely: Manoc-manoc, Balabag and Yapak; and

. Such other members from the private sector as the majority of the Council may

determine.


we avanewone

uu
12
13
14
15
16
17

19
20
2a
22
23
24
25
26
27
28
29

31
32
33

The Chairperson of the Council shall be appointed by the President for a term of one
(1) year.The Council 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 fundings
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 Council;

(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 the provisions of this Act.

SEC. 8. Congressional Oversight Committee For the full and effective
implementation of this Act, there shall be created a Congressional Oversight Committee, to
be referred to as the Boracay Island Congressional Oversight Committee, to be composed of
four (4) members from the Senate and four (4) members from the House of Representatives.

S


w©eVvaunrwone

10
11
2
2B
14
15
16
17
18
19
20
21
2
23
24
25
26
27

29

31

32
33

The Chairperson of the Senate Committee on Environment and Natural Resources and the
Chairperson of the House of Representatives Committee on Natural Resources shall be the
chair and co-chair of the Boracay Island Congressional Oversight Committee, respectively.
The other members from the Senate shall be appointed by the Senate President based on
proportional representation of the parties or coalitions therein with at least one (1) senator
representing the minority. The other members from the House of Representatives shall be
appointed by the Speaker also based on proportional representation of the parties or coalitions
therein with at least one (1) member representing the minority.

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 DENR 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 DENR 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 addition to the aforementioned penalties,
perpetual absolute disqualification to hold public office.

SEC. 10. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the DENR in coordination with the NAMRIA, all local government
units, government agencies, private organizations, non-government organizations concemed
and other stakeholders shall issue the rules and regulations necessary to effectively
implement the provisions of this Act.

SEC. 11. 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.


Nour wne

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

SEC. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspaper of general circulation in
the Philippines.

Approved,