House bill allows Boracay residents to own part of island
MANILA – A bill filed in the House of Representatives aims to allow private occupants and claimants in Boracay to own parcels of land on the famous white beach island.
House Bill No. 10091 provides for the mode of disposition of alienable and disposable lands, and regulating the use and development of those areas in Boracay Island in Malay, Aklan.
Based on t he measure, t he Department of Environment and Natural Resources ( DENR), i n coordination with the National Mapping and Resource Information Authority (NAMRIA) and concerned local government units, are authorized to conduct a mandatory review of the land classification under Presidential Proclamation No. 1064 to look for alienable and disposable lands for purposes of recommending to Congress any correction or reclassification.
The bill also stated that once Congress determines that certain parcels of land in Boracay are alienable and disposable and can be disposed of for agricultural, commercial, residential, and industrial purposes, the DENR will dispose of the said lands to any qualified citizens of the Philippines, subject to the limitations provided under the bill and the Commonwealth Act No. 141 or the Public Land Act.
It is also stated that individual applicants for the issuance of a free patent should establish proof that they or their predecessors-ininterest have, for at least 30 years prior to the effectivity of the measure, continuously occupied, possessed or cultivated the parcels of land applied for or have paid the real property tax thereon.
“Any qualified applicant is also entitled to a tract of land not more than 12 hectares and a free patent. An original certificate of title may also be issued in the name of the applicant,” the measure said.
I t was also mentioned that alienable and disposable portions will be excluded from the coverage of Proclamation No. 1801, Series of 1978 titled “Declaring Certain Islands, Coves and Peninsulas as Tourist Zones and Marine Reserve under the Administration and Control of the Philippine Tourism Authority.”
The bill also provides for a nonimpairment clause to safeguard the rights of marginalized groups, including the indigenous cultural communities and their right to ancestral lands.
The bill i s consistent with Presidential Proclamation 1064 in 2006 by then President Gloria Macapagal-Arroyo dividing Boracay to two classifications: 377.68 hectares of reserved forest land for protection purposes and 628.96 hectares of agricultural land ( alienable and disposable land).
Proclamation No. 1064 provided the necessary framework for such a mechanism and its constitutionality was sustained by the Supreme Court in a 2008 decision./