Boracay land occupants to appeal SC ruling
Fearing the heightening of conflicts over prized lots on Boracay Island, land occupants on the island will appeal a Supreme Court ruling affirming the island as public domain.
"We fear that the decision will stir more conflicts and many of us are apprehensive on the future of the properties that we have invested so much on,"said Ruchanie Gelito-Gadon, president of the family-owned Willy's Beach Club Hotel.
Orlando Sacay, owner of the Waling-Waling resort and one of the petitioners that sought to nullify Presidential Proclamation 1064, said they will file a motion for reconsideration but will respect the decisions of the High Court.
In a decision promulgated on Wednesday, the Supreme Court dismissed the petition to nullify Proclamation 1064.
The proclamation issued on May 22, 2006 by President Macapagal-Arroyo, classified 628.96 hectares or 60.94 percent of the 1,032-hectare island as alienable and disposable on the premise that the whole of Boracay is government property. The proclamation also provides for a 15-meter buffer zone on each side of the center line of roads and trails, which are reserved for right of way and which shall form part of the area reserved for forest land protection purposes.
The High Court in its decision also reversed rulings of lower court rulings that recognized acquired vested rights over their properties and therefore could have their lands titled.
Department of Environment and Natural Resources (DENR) said that with the Supreme Court ruling, the agency can now proceed with processing for application of titling by land occupants.
"The decision merely affirmed the Regalian Doctrine that all natural resources belong to the State unless deemed private land," said DENR Undersecretary for Line Bureaus Manuel Gerochi in a telephone interview.
He said that under the Public Land Act vested rights of occupants can only developed when the land they are occupying has been declared alienable and disposable.
Gerochi said the DENR will still conduct a survey before declaring any any areas as alienable and disposable open for titling. The survey aimed at defining boundaries is expected to last from three to four months.
Land occupants can apply for title of their lots through administrative titling.
Gerochi said that residential lots can be directly sold by the government to occupants while commercial land would be subjected to bidding.
In an earlier interview, Gerochi said the residential lands will be sold at the assessed price at the minimum while land use for commercial and industrial purposes will be sold through public auction either through oral or sealed bidding.
The present occupants will have "priority rights" in the bidding and selling of commercial and residential lots.
He said they will have the right to equal the highest bid after all the bids have been submitted. The occupants will also have the right to be paid for any improvements and investments on the property in case the property is sold to another bidder.
Land claimants have opposed the bidding scheme because they said they will be "bidding for our own properties that we have developed."
Aklan Rep. Florencio Miraflores has allayed fears of Boracay property owners on the security of their possessions.
"The (Supreme Court) decision once and for all cleared up status of island that it is public domain. We can now the start the process of titling," Miraflores said in a telephone interview yesterday.
He said he will also push for the passage of House Bill 1109 which he sponsored to remedy the defects of Proclamation 1064.
House Bill 1109 (Declaring Certain Parcels of the Public Domain Within Boracay Island, Malay, Aklan as Agricultural Land Open to Disposition) was passed by the House early this year and is now pending at the Senate
The bill allows occupants of land on the island to be issued free patent if they have been continuously occupying their lots of at least 30 years. The patent is limited to a maximum of 12 hectares per applicant.
The 30-year period would also include the occupancy of previous occupants of the property being applied for patent.
Under present laws, land claimants over public lands will have to wait for 30 years after the land is declared alienable and disposable before they can apply for titling.
In its decision, the Supreme Court had said that Congress may enact a law to entitle private claimants in Boracay to acquire title over their occupied lots or to exempt them from certain requirements under the present land laws.