LANDOWNERS in the world-famous Boracay island
have asked the Supreme Court to reconsider its decision
declaring some 400 hectares of the island in Kalibo, Aklan as
public domain and thus not subject to private ownership.
Two separate motions for reconsiderations
were filed by the group of Mila Sumndad, Aniceto Yap and
Libertad Talapian, and the group of Dr. Orlando Sacay and
Wilfredo Gelito. Both groups asked for a review of the SC’s Oct.
8, 2008 decision which it said will have a "far-reaching effect"
on the country’s tourism industry and its economic development.
The group of Sumndad also asked the high
court to set the case for oral argument, with the participation
of constitutionalist Fr. Joaquin Bernas, the Integrated Bar of
the Philippines and the Carpio Villaraza Law Offices as amicus
curiae to hear their legal opinion on the matter.
The consolidated petitions questioned the
Court of Appeals’ decision affirming the Kalibo regional trial
court decision which granted the petition for declaratory relief
filed by respondent-claimants Mayor Jose Yap et al. and ordering
the survey of Boracay for titling purposes as well as the appeal
to nullify President Arroyo’s declaration classifying Boracay as
a forest and agricultural reserve under Proclamation 1064.
In their separate motions, the petitioners
both argued that Proclamation No. 1064 is unconstitutional as it
arrogates upon the President the power to classify lands which
properly belongs to Congress and violates property rights
without due process.
The private claimants said Arroyo’s
proclamation violates their vested rights over their respective
lands in Boracay, which they have been occupying for more than
30 years. They said Boracay is susceptible of private ownership
by acquisitive prescription under applicable laws classifying it
as agricultural and as a tourism zone under Proclamation No.
1801, issued by President Ferdinand Marcos, and related
issuances, which are merely aimed at administering the island
for tourism and ecological purposes, and not to address the
area’s alienability.
They noted that Boracay started its
development as a prime tourist destination shortly after the
issuance of Proclamation 1801, when the Philippine Tourism
Agency recognized private ownership of lands, and declared only
the forested areas in Boracay as forest reserve. They also noted
that other areas covered by Proclamation 1801 such as Puerto
Galera, Puerto Princesa and the entire Camiguin Island, among
others, have already been titled to recognized owners by
possession and sale transactions.
The SC, in its Oct. 8 decision, ruled that Boracay remains to
be owned by the government as it is a forest area despite the
proliferation of privately owned resorts. The court said private
claimants are ineligible to apply for a judicial confirmation of
title over their occupied portions in Boracay even with their
continued possession and considerable investment in the land. It
added that except for lands already covered by titles, Boracay
was an unclassified land of the public domain prior to Arroyo’s
Proclamation 1064. Such unclassified lands are considered public
forests under PD 705, the SC added. – Evangeline de Vera
