It's final: Boracay belongs to state

The Supreme Court has affirmed its Oct. 8, 2008 decision that residents cannot claim ownership of parcels of land in the island resort of Boracay based on years of occupation.

In a four-page resolution, the SC denied the motions for reconsideration of Mila Sumindad, Aniceto Yap and Libertad Talapian representing the residents of Boracay.

“The Court has clearly resolved the basic issue of whether Proclamation 1801 and its related issuances constitute the positive act that classified Boracay Island as alienable and disposable land,” read the decision.

The SC said Proclamation No. 1801, as well as Philippine Tourism Authority Circular No. 3-82, did not convert the whole of Boracay into an agricultural land.

“Simply put, the proclamation is aimed at administering the islands for tourism and ecological purposes. It does not address the areas’ alienability,” read the decision.

Proclamation 1801 declaring certain islands, coves and peninsulas in the Philippines as tourist zones and marine reserves was issued by President Ferdinand Marcos in 1978.

The SC also dismissed a motion for the conduct of an oral argument on the issue.

“Considering that the basic issues in the twin petitions have been duly passed upon and private claimants presented no substantial argument or compelling reason for us to reconsider, to hold oral arguments on the motions for reconsideration would be futile and unnecessary,” read the decision.

The petitioners said they have spent billions of pesos developing Boracay for tourism purposes.

“Almost single-handedly, the residents and buyers of land in the island have made Boracay what it is today: the pride of the Philippines as an international tourist destination and substantial source of foreign exchange earnings,” they said.

In its original decision, the SC said Congress may enact a law to entitle private claimants to acquire titles to the lots they occupy or to exempt them from certain legal requirements.

“This Court is constitutionally bound to decide cases based on the evidence presented and the laws applicable,” read the decision.

“As the law and jurisprudence stand, 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.”

The SC said private claimants cannot apply for judicial confirmation of imperfect title under Commonwealth Act 141, the Public Land Act and neither do they have vested rights over the lands they occupy.

“The continued possession and considerable investment of private claimants do not automatically give them a vested right in Boracay,” read the decision.

“Nor do these give them a right to apply for a title to the land they are presently occupying. The private claimants’ bid for judicial confirmation of imperfect title must fail because of the absence of the second element of alienable and disposable land.”

The petitioners said they have been in possession of their lands in Boracay for more than 30 years or since June 12, 1945 or earlier as required under the Public Land Act.

Such a long period of possession has given them vested rights over the properties without any need of any title to confer private ownership, they added.

However, the petitioners failed to prove that they have been continuously occupying their lands since June 12, 1945, the SC said.

On the other hand, the SC ruled that those with lawful possessions may claim good faith as builders of improvements.

“They can take steps to preserve or protect their possession,” read the decision.

“They may look into other modes of applying for original registration of title, such as by homestead or sales patent, subject to the conditions imposed by law.”

On Oct. 8, 2008, the SC, in a decision written by Associate Justice Ruben Reyes, reversed a Court of Appeals decision upholding the Kalibo, Aklan Regional Trial Court which granted the petition for declaratory relief filed by Mayor Jose Yap, Libertad Talapian, Mila Sumindad, and Aniceto Yap, for the survey of Boracay for titling purposes.

The SC upheld Proclamation 1064 issued by President Arroyo on May 22, 2006 classifying Boracay as a reserved forest and agricultural land.

“In issuing Proclamation No. 1064, the government has taken the step necessary to open up the island to private ownership,” read the decision.