With the Boracay rehabilitation still ongoing and the term of the Boracay Island Task Force (BIATF) extended until June 2022 by virtue of Executive Order No. 147, natives and business leaders in the island sought help from the Department of Environment and Natural Resources (DENR) in Region 6 regarding land issues and concerns.
In a dialogue held at the municipality of Malay in Aklan province, members of the Natives of Boracay and Business Stakeholders, Inc. (NABBSI) told the DENR-6 team led by Regional Executive Director (RED) Livino B. Duran that Presidential Proclamation (PP) 1064 was implemented without social justice and is a form of oppression by the government.
They cited massive land grabbing and that the law did not consider the rights of earlier occupants, according to a DENR press statement.
Issued in 2006 by former president Gloria Arroyo, PP 1064 classified Boracay Island as forestland (for protection purposes) and agricultural land (alienable and disposable). The Supreme Court has affirmed the proclamation’s validity.
The proclamation indicated that around 628.96 hectares of land are considered agricultural land (alienable and disposable), while 281.81 hectares are considered forestland.
NABSSI, led by their president Aisa Reyes, proposed amendments to PP 1064 which they believed would respect their rights as well.
“Please remember that PP 1064 was deemed constitutional. The Supreme Court ruling on the matter stands and we must respect it. It is also necessary to respect guidelines of various laws and judicial titles as in the case of Tirol family. No one can be above the law,” Duran reminded the aggrieved parties.
Duran also reiterated to all stakeholders the land classification of the island under PP 1064.
“The forestlands in Boracay include Timberland Blocks A–P (covering the three barangays of Balabag, Manocmanoc and Yapak), the 25+5 shoreline easement, and the 15-meter road easement measured from the center of the road,” Duran said.
Both parties tackled the pressing issues with NABBSI and the group proposed the following moves:
– a six-meter road easement from the center of the road (main road);
-a 9-meter wide secondary road;
-a 6-meter tertiary road; and
-maintain the existing pedestrian lane.
Additionally, the responsible agency/institution for road construction and maintenance shall be as follows:
-main roads under the Department of Public Works and Highways (DPWH);
-secondary roads under the provincial government; and
-tertiary roads shall be under the municipal and barangay local government unit.
Meanwhile, Malay’s Municipal Ordinance No. 2000-131 allowed structures within 10 meters from the cliffs and the local government unit has issued building permits, which runs in conflict with the 25+5 easement rule.
But Duran emphasized that there shall be no structures within the 25+5 easement, with possible exemptions only to existing public ports.
Boracay Community Environment and Natural Resources Officer Rhodel Lababit said establishments in the island’s Station 1 were among the first to comply with the 25+5 easement rule, contrary to rumors that they were not compliant.
“We can measure the 25+5 easement rule by locating the X/Y coordinates of the monuments or corners, which indicates the boundary between 25+5 easement and the A&D land,” Duran explained.
Also part of the proposal is to increase the number of monuments (locally called “mohon”) with regards to misplaced monuments/corners.
All of NABSSI’s proposed amendments were noted by the DENR-6 but should be discussed with the office of Aklan 2nd district Rep Teodoro Haresco for consideration by the Malay municipal government.
