Gov't dispels apprehension of HK investors in Boracay
The government yesterday assured foreign and local investors on Boracay Island that there properties will not be taken away as a result of a recent Supreme Court ruling affirming a presidential proclamation that the island is public land.
"There is no no land-grabbing (in Boracay). The government assures all investors that there will be minimum dislocation to legal investors," Environment Secretary Jose "Lito" Atienza said in a telephone interview from Hong Kong.
Atienza was reacting to reports that a group of Hong Kong property investors is protesting what it calls a land grab by the Philippine government on Boracay Island.
He said he was on his way to China and was not meeting with the protesting Hong Kong investors.
The group is against Proclamation 1064 issued by President Macapagal-Arroyo on May 22, 2006 which categorized around 60 percent of the 1,032-hectare island as alienable and disposable and the rest as forest land and protected areas.
The Supreme Court upheld the proclamation in a ruling issued on October 8.
The High Court in its decision also reversed lower court rulings that recognized acquired vested rights over their properties and therefore could have their lands titled.
Atienza said the Court decision "in fact established rule of law on the island."
He said they have already notified title holders that they will not be affected by the ruling.
"We will also carefully consider the situation of long-staying occupants," he said.
Atienza said the government will, however, stop continuous "illegal trade" of lots on the island. These involved lots categorized as wetlands, forest lands and other no-build areas.
He said the the ruling saying would provide government better control over development projects on the island which is already suffering from unregulated construction of structures.
He also refuted the report linking the ongoing property dispute involving an Australian resort operator to Supreme Court ruling.
"The dispute is in no way related to the proclamation and the court ruling and should not be lumped together," said Atienza.
Parties in a dispute over the Boracay Sandcastles Resort operated by Greg Hutchinson took over the property Wednesday night. They were accompanied by armed security guards.
The Boracay Special Tourist Police Office later disarmed and removed the guards and posted several policemen in the disputed property.
Atienza said it should be clarified that the incident was not an offshoot of the proclamation and court ruling.
"There is no breakdown of law and order in Boracay," said Atienza.
But Orlando Sacay, owner of the Waling Waling Beach Resort and one of the petitioners that questioned the presidential proclamation, said the protest by Hong Kong investors is "an
indication that investors from other countries are also reacting negatively to Proclamation 1064 and its affirmation by the Supreme Court."
Sacay said they have filed two separate motions for reconsideration on the ruling.
"We respect the ruling of the court but we ask it to seriously consider our appeal and our new arguments," said Sacay.
He said the proclamation is driving away investors.
"We still believe that long time occupants of the island who have invested millions of pesos for many years should be given titles through judicial confirmation and not through the process resulting from the proclamation," said Sacay.
He pointed out that 30 percent of the 1,000-hectare island is already titled. "Why not us?" he said.
The Bureau of Lands of the Department of Environment and Natural Resources (DENR) had said that based on the proclamation, land for commercial use will be sold through public bidding while those for residential use not exceeding 1,000 square meters will be sold directly to the occupant by the government.
The residential land 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.
Sacay said this would in effect be like land occupants and investors bidding for their own land.
"I bought my beach front property 20 years ago at P150 per square meter. Now it costs P50,000 per square meter because of the development and investment of many of us here," he said.