Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6491

HOUSE BILL NO.

Introduced by HON. CARLITO “Lito” S. MARQUEZ and HON. MA. LOURDES R.

AGGABAO

EXPLANATORY NOTE

This refiled bill seeks to reclassify certain portions of forestlands
consisting of six (6) parcels of land with a total land area of eleven (11)
hectares, located in the Municipality of Malay, Province of Aklan, as
alienable and disposable land.

This proposed measure was approved and passed by the House of
Representatives on Third and Final Reading on August 10, 2015 during the
16" Congress and likewise approved by the Senate Committee on Natural
Resources but was overtaken by events due to the May 2016 national and
local elections.

Pursuant to Proclamation No. 1064, Boracay Island situated in the
aforementioned municipality has been classified into four hundred (400)
hectares of reserved forest land (protection purposes) and six hundred
twenty-eight and 96/100 (628.96) hectares of agricultural land (alienable
and disposable). The said Proclamation likewise provided for a fifteen-meter
buffer zone on each side of the centerline of roads and trails, reserved for
right-of-way and which shall form part of the area reserved for forest land
protection purposes.

The parcels of land being applied for reclassification, based on actual
ground survey and delineation as mandated by Proclamation 1064, have


been openly and continuously inhabited and/or occupied for a long period
of time prior to the issuance of said Proclamation and has been identified,
to be more suitable for commercial and residential purposes owing to the
fast development pace of the Municipality of Malay in the Province of
Aklan. Although the area now serves as tourist destinations, there is a need
to address the settlement problem of inhabitants since the area has
become densely populated. Thus, the reclassification of these lands from
protected area to alienable and disposable land is hereby enjoined.

Immediate passage of this proposed measure is earnestly sought.

Cg ae

HON. CARLITO S. MARQUEZ HON. MA. LOURDES R. AGGABAO


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL nob 491

Introduced by HON. CARLITO “Lito” S. MARQUEZ and HON. MA. LOURDES R.
AGGABAO

AN ACT DECLARING AS AGRICULTURAL LAND PORTIONS OF
FORESTLAND LOCATED IN THE MUNICIPALITY OF MALAY, PROVINCE
OF AKLAN, AMENDING FOR THE PURPOSE PROCLAMATION NO. 1064

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

Section 1. The parcels of land of the public domain located in Barangay Manoc-
Manoc in the Municipality of Malay, Province of Aklan are hereby declared as
agricultural land for residential, commercial and other purposes and as forestland for
protection purposes. Said parcels of land are more particularly described as follows:

BLOCK A
(Agricultural Land — A&D)

Beginning at a point marked “1” being S 30°39' E, 3,221.05 m. from AKN ~ 36 =
BLLM No. 13 CAD 704-D, Malay Cadastre (PRS ‘92 Control Point) (11-58-9.30079/121-
55-7.86541), Barangay Balabag, Malay to corner 1, Barangay Balabag (Boracay Island),
Malay, Province of Aklan.

thence 1-2 $02°01'W 111.36 meters
thence 2-3 S$ 02°08' W 154.69 meters
thence 3-4 S 25°33'E 24.84 meters
thence 4-5 $ 52°20'W 49.29 meters
thence 5-6 S 33°04" W 7.11 meters
thence 6-7 N 79°10" W 11.83 meters
thence 7-8 N 86°30' W 92.76 meters

thence 8-9 $61°13'W 36.60 meters


thence 9-10 N15°44'E 34,08 meters

thence 10-11 N 28°29' W 78.18 meters
thence 11-12 N 06°03" W 49.70 meters
thence 12-13 N 19°39" W 81.52 meters
thence 13-14 N 21°45'W 54.19 meters
thence 14-15 N 06°23' W 54.98 meters
thence 15-16 N 14°44" W 107.00 meters
thence 16-17 N 15°00" W 20.42 meters
thence 17-18 $74°25'E 162.96 meters
thence 18-19 S$ 62°10'E 90.81 meters
thence 1s-1 S 63°27'E 68.39 meters

containing an area of eight and 872/1000 (8.872) hectares, more or less.

BLOCK B
Remaining Portion of Block ~ J, Forestland
(Protection Purposes)

Beginning at a point marked “1” being S 28°14’ E, 3,476.64 m. from AKN ~ 36 = BLLM
No. 13 CAD 704-D, Malay Cadastre (PRS ‘92 Control Point) (11-58-9.30079/121-55-
7.86541), Barangay Balabag, Malay to corner 1, Barangay Balabag (Boracay Island),
Malay, Province of Aklan.

thence 1-2 S 25°33'E 32.19 meters
thence pees S$ 50°38' W 76.41 meters
thence 3-4 N 89°24" W 24.83 meters
thence 4-5 N14°12"W 17.15 meters
thence 5-6 N 88°06" W 65.67 meters
thence 6-7 $61°13' W 39.87 meters
thence 7-8 $ 45°02 W 37.32 meters
thence 8-9 $ 13°51'W 17.63 meters
thence 9-10 N 81°38' W 4.65 meters
thence 10-11 'N 20°48' W 12.65 meters
thence 11-12 N04°12'E 8.34 meters
thence 2-13 N 53°59" W 40.86 meters

thence 13-14 N 02°44" W 12.64 meters


thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence

thence

14-15
15-16
16-17
17-18
18-19
19-20
20-21
2i22
22 - 23
23 - 24
24-25
25-26
26-27
27-28
28-29
29 - 30
30-31
31-32
32+ 33
33 - 34
34-35
Bye el
36 - 37

37-1

N 46°16'E
S$ 89°26'E
N 15°44' E
N 28°29' W
N 06°03" W
N19°41'W
N 21°45'W
N 06°23" W
N 14°44'W
N 29°16' E
S$ 74°25'E
$ 15°00' E
$ 14°44 E
S$ 06°23' E
$21°45'E
$19°39'E
S$ 06°03' E
S 28°29'E
$15°44'W
N61°13'E
S 86°30' E
$79°10'E
N 33°04' E

N 52°20'E

9.72 meters
24.78 meters
40.66 meters
71.95 meters
52.08 meters
78.59 meters
56.48 meters
56.84 meters
104.81 meters
33.68 meters

7.54 meters
20.42 meters
107.00 meters
54.98 meters
54.19 meters
81.52 meters
49.70 meters
78.18 meters
34.08 meters
39.60 meters
92.76 meters
11.83 meters

7.11 meters

49.29 meters

containing an area of two and 362/1000 (2.362) hectares, more or less.

Section 2. Upon effectivity of this Act, the Department of Environment and
Natural Resources (DENA) shall alienate the parcels of land identified in Block A Section
1 hereof through the issuance of a free patent or original certificate of title: Provided,
That the individual applicant can establish proof of ownership, acquisition or any other

means


through their predecessors-in-interest who for at least thirty (30) years prior to the
effectivity of this Act has continuously occupied, acquired and/or cultivated either by
one's self or through one’s 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 or original certificate of title, as may be applicable, issued to him for such tract of
land not to exceed twelve (12) hectares per applicant.

Section 3. The Department of Environment and Natural Resources (DENR) shall
issue the necessary rules and regulations for the effective implementation of this Act.

Section 4. Separability Clause. - If any portion of this Act is declared invalid or
unconstitutional, the remaining provisions shall remain in full force and effect.

Section 5. Repealing Clause. - Proclamation No. 1064, S. 2006, entitled:
“Classifying Boracay Island Situated in the Municipality of Malay, Province of Aklan Into
Forestland (Protection Purposes) and Into Agricultural Land (Alienable and Disposable)
Pursuant to Presidential Decree No. 705 (Revised Forestry Reform Code of the
Philippines)”, is hereby amended.

All other laws, decrees, letters of instruction, executive orders, rules and
regulations and other issuances or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

Section 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,