[ Manila Bulletin Online ] November 11, 2008
By BOY RYAN B. ZABAL
BORACAY – The Department of Environment and Natural Resources will discuss various mechanisms with Boracay stakeholders this week to protect the interests of commercial investors.
President Gloria Macapagal Arroyo has reportedly instructed Environment Secretary Lito Atienza "to work with resort owners and to find a happy balance of protecting these interests or improvements."
"These resort owners are treated as builders in good faith and we must respect and protect their rights to their improvements," said Environment Undersecretary Manuel Gerochi.
The Supreme Court ruled that Boracay Island is classified as a government-owned forest area where existing resort owners and other private claimants are not automatically given vested rights to their property nor to apply for titles to the land they are presently occupying.
The court also upheld Proclamation 1064 of President Arroyo issued in May 2006 which classifies 60 percent of lots in the island as forest and agricultural reserve.
Resort owners protested the proclamation, saying they were unjustly stripped of legal rights to their properties and arguing that "this was and should be, validated by the taxes they are paying for their use."
The Supreme Court rejected these arguments. In a decision penned by Associate Justice Ruben Reyes, the tribunal said the continued possession and considerable investments of private claimants of the lands do not make them eligible to apply for a judicial confirmation of title.
The court also acknowledged that Boracay now appears more as a commercial resort rather than forest land. Gerochi said the Supreme Court’s last suggestion is for Congress to pass a bill making these lands free for claimants.
He said Aklan Rep. Florencio Miraflores is also amenable or receptive to apply the provisions of House Bill No. 1109 nationwide, not only to Boracay, otherwise, it becomes a sort of class legislation.
"The best impact of that SC ruling, as far as Secretary Atienza is concerned, is now we could assert ourselves in controlling and preserving the environment.
"In fact, a memorandum was issued, henceforth, no more clearing of declared forest lands in the area, including the beach because that is the beauty of Boracay," he concluded.
