Boracay resort owners up in arms

BORACAY, Aklan — Resort owners in the country’s premiere tourist destination are up in arms over a reported plan of the Department of Environment and Natural Resources (DENR) that could open up Boracay to agricultural exploitation.

Dr. Orlando Sacay, vice president of Boracay Foundation Inc. and owner of the first-rate Waling-Waling Hotel, said the plan to reclassify parts of Boracay as alienable and disposable (A & D) land will violate their "established" rights as landowners.

"Many of us have been doing business here for a long time. We have been paying taxes and many have already acquired titles to their lands, while others have tax declarations. Now, if the lands are classified as A & D, we will be required to bid for our own lands that we have already developed," he said.

Sacay said their rights as resort owners are protected under Presidential Decree 1081 issued by the late President Ferdinand Marcos on Nov. 10, 1978. The decree declared Boracay and other islands and coves as tourist and marine zones.

"There is no need to declare Boracay as an alienable and disposable land. It’s a private land because it is a tourism zone. It’s not a forest reserve, and it’s not agricultural," he said.

The Boracay Foundation has already won two court cases, Sacay explained, recognizing the ownership rights of its members and rejecting the DENR claim that the island is "government property."

"We sued the DENR for this and already won in the regional trial court and in the Court of Appeals when DENR appealed. The courts recognized our vested rights that we have as owners of land in Boracay. Despite losing twice, DENR does not want to honor the decision of the court and submitted another motion for reconsideration," he said.

DENR Secretary Michael Defensor has reportedly also prepared an administrative order that would open reclassified lands in Boracay to public bidding.

The plan would reclassify 579.295 hectares, or 56 percent of the 1,032-hectare island, as A & D. A large area, 259.6 hectares or 25 percent of the island, would be declared as agricultural land that could be used for plantations and fishponds. A smaller area, 118.6 hectares, or 11.5 percent of the island, would be categorized as protected areas. These include parks, buffer zones and a conservation area for the endangered bat species on the island.

Most resort and hotel establishments have already appealed to President Arroyo to intervene and resolve the issue in their favor.

Mrs. Arroyo has appointed a panel to look into the issue and to establish a sustainable development plan for Boracay. Among the members of the panel are Iñigo Zobel, who reportedly owns a large property in the island, and representatives of the Elizalde and Coscuella groups.

"We met with the President last January and we have talked to Secretary Defensor about this issue. The President appreciates our problem. She is sympathetic to our plight and we are hoping that we could come to an acceptable compromise," said Sacay.

Resort owners have also sought declaratory relief from the regional trial court (RTC) in Kalibo, Aklan, to force the DENR to allow them to file for judicial confirmation of title or free patent.

Both the RTC and the Court of Appeals ruled that the PD 1801 does not bar land claimants from having their lots surveyed to apply for titles. The case is still pending at the appellate court under appeal by the government.

"In this case, titling is only one of the issues. The courts have already favored us and we have even allowed the DENR to conduct land surveys. What we want is for government to recognize our ownership rights," said Sacay.

DENR has claimed that declaring Boracay as A & D will resolve ownership disputes on disputed properties, particularly premiere spots.