FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2953 
'11 
SEP -1 
PI?:56 
Introdnced by Sen. Antonio "Sonny" F. Trillanes IV 
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 1 Yet all in 
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. 2 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 entitle 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. 
~ 
4r-1\-----
ANTONIO "SONNY" .F. TRILLANES IV 
I See: Boracay nets Whopping P14 Billion m tourism leoeipts in 2010; Manila Bulletin, 09 January 2011; also publIshed at-
111'1' '11,(, ~·_,1i!1 I'l~,' 1:'1"1,-,-, ':"! :,1',1:' ) "_\) " d' r"}_,, \! h.'_'1T\I11'_-:' I I J ~;!P!li :;Ii L~) ("['JJ--,)~) i'~'--:lj'h (accessed 31 August 201 1). 
2 "Boraouy 1S 98% lUltitled," \~II)' '\. 
" 
,) (I 'c.- ,',,: 
,_ \ 'in,' ,'\< :' ; Jl,ll[.;U!) i rl';}_':'-"'!c'\r,d - ( ; (accessed 18 August 2011). 
1 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S.No. 2953 
Introdnced by Sen. Antonio "Sonny" F. Trillanes IV 
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 CLASSI}'lED 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: 
1 
SECTION 1. Declaration of Policy. - Pursuant to Article XII, Section 1 of the 1987 
2 
Philippine Constitution, declaring the goals of the national economy to be the more equitable 
3 
distribution of opportunities, income and wealth, the State hereby adopts a policy of ensuring the 
4 
fair and expeditious titling of alienable and disposable agricultural lands of the public domain. 
5 
Towards this end, the State shall facilitate the titling of lands in favor of qualified Filipinos to 
6 
provide them with security of land tenure. Further, in recognition of the need to accelerate the 
7 
country's development without compromising the protection and conservation of the country's 
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natural resources, the State shall undertake measures to adopt sustainable development strategies 
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of forestlands, national parks and the resources therein and provide environmental safeguards 
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while at the same time spurring local economic growth. 
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SEC. 2. Coverage. - The provisions of this Act shall apply to the parcels of land of the 
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public domain located in the Island of Boracay, Municipality of Malay, Province of Aklan, 
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delineated and declared as agricultural lands open to disposition for agricultural, residential, 
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commercial, industrial or other productive purpose through Proclamation No. 1064. The 
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aforementioned agricultural lands are likewise hereby excluded from the operation of 
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1 
Presidential Proclamation No. 1801 dated 10 November 1978, entitled: "Declaring Certain 
2 
Islands, Coves and Peninsulas in the Philippines as Tourist Zones and Marine Reserve under the 
3 
Administration and Control of the Philippine Tourism Authority. 
4 
5 
SEC. 3. Mode of Acquisition. - The Department of Enviromnent and Natural Resources 
6 
(DENR) shall alienate the agricultural lands identified in Section 2 hereof, subject to the 
7 
limitations provided for in this Act, through the issuance of a free patent over any parcel thereof 
8 
to any citizen of the Philippines who, for at least thirty (30) years prior to the effectivity of this 
9 
Act, has continuously occupied andlor cultivated either by himself or through his predecessors-
10 
in-interest or who shall have the paid real estate tax thereon while the same has not been 
11 
occupied by any other person. Such qualified person shall be entitled under this Act to have a 
12 
free patent issued to him for such tract of land not to exceed twelve (12) hectares per applicant: 
13 
Provided, That the DENR shall also reserve lands or lots of sufficient size and strategic location 
14 
to the Municipal Government of Malay, the Provincial Goverrunent of Aldan and other agencies 
15 
of the national goverrunent for essential public purposes andlor services such as school buildings, 
16 
public plazas, health centers and similar offices and similar purposes including necessary 
17 
avenues, streets and alIeyways: Provided, further, That any title that may be issued over lands for 
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public purpose shall be in the name of the Republic of the Philippines and aU roads, avenues, 
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streets and alleyways shall be in the name of the Province of Aklan. 
20 
The provisions of Commonwealth Act No. 141, as amended, otherwise known as "The 
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Public Land Act", not inconsistent herewith shall be applicable. 
22 
23 
SEC. 4. Protected Forestlands. - Areas of the public domain within the Island of Boracay 
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classified as forestlands pursuant to Proclamation No. 1064 are hereby declared forestlands, 
25 
under the subclassification of protection forests. For ecological and rational land use 
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considerations, the following shall also constitute part of the protected forestlands and 
27 
inalienable portions of the public domain, to wit: 
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(a) Five (5) meters strip inland from the twenty-five (25) meters mandatory 
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beachfront easement, measured from the mean high water mark; 
2 


1 
(b) Five (5) meters on each side of the centerline of roads, for road protection and 
2 
widening and drainage; and 
3 
(c) Three (3) meters landward on both sides of creeks and canals, 
4 
Such forestlands shall be conserved, preserved and regulated by the DENR jointly with 
5 
the Municipal Government of Malay, the Provincial Government of Aldan and concerned 
6 
national agencies pursuant to the provisions of Presidential Decree No, 705, as amended, 
7 
otherwise known as the "Revised Forestry Code of the Philippines", Republic Act No, 9072, 
8 
otherwise known as the "National Caves and Cave Resources Management and Protection Act", 
9 
their implementing rules and regulations, as well as other pertinent laws, proclamations, 
10 
issuances and administrative orders on conservation and environmental protection, 
11 
12 
SEC. 5. Strict Regulation on the Utilization and Development of the Island. - The 
13 
utilization and development of all areas along the Island of Boracay shall be strictly regulated by 
14 
the DENR pursuant to all laws and statutes on the utilization and protection of natural resources 
15 
and the environment, and must strictly comply with the land use plan approved by the local 
16 
govermnent unit and the requirements imposed by existing DENR rules, regulations and other 
17 
issuances, taking into consideration the sustainable use and development of the area and with 
18 
utmost respect to the right of indigenous cultural communities to their ancestral lands, 
19 
20 
SEC. 6. Implementing Rules and Regulations. - The DENR, in coordination with the 
21 
Provincial Government of Aklan, shall, within ninety (90) days from the enactment of this Act, 
22 
promulgate the rules and regulations necessary for the implementation of this Act. 
23 
24 
SEC. 7. Separability Clause. - If, for any reason, any provision of this Act is declared 
25 
unconstitutional or invalid, the other provisions hereof which are not affected thereby shall 
26 
continue to be in full force and effect. 
3 


• 
1 
SEC. 8. Repealing Clause. - All laws, decrees, executive orders, proclamations and 
2 
administrative regulations or parts thereof inconsistent herewith are hereby repealed or modified 
3 
accordingly. 
4 
5 
SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
6 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
4