DENR to start surveying of Boracay lands next year
The Department of Environment and Natural Resources (DENR) will start the surveying for titling of lands in Boracay next year after the Supreme Court affirmed its ruling declaring most of the island as public land.
DENR Undersecretary Manuel Gerochi said the ruling of the High Court paves the way for the survey of lands and the processing of applications for titling in 60 percent of areas categorized as alienable and disposable on the 1,032-hectare island-resort.
"We welcome the ruling but it's not a surprise. The petitioners did not present new arguments," Gerochi said in a telephone interview on Thursday.
In an en banc resolution dated Dec. 2, the SC denied a motion for reconsideration filed by a group of land claimants who appealed the court's Oct. 8 ruling that affirmed Presidential Proclamation 1064.
The proclamation, issued by President Macapagal-Arroyo on May 22, 2006, categorized 628.96 hectares of the island as agricultural land and 400 has. as reserved forest land. 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.
The High Court declared in its earlier ruling that land occupants in Boracay have not acquired vested rights.
In dismissing the motion for reconsideration, the court said the bulk of the arguments raised by the petitioners "are merely repetitive of those already passed upon by the Court."
Gerochi said the survey of land could start by March after the bidding for the process would be completed.
He said claimants can also have lots surveyed at their own expense but would require survey authority from the DENR.
The survey would take around three to four months and application for titling would be processed starting the third quarter of next year, said Gerochi.
Among the main concerns in the survey is the provision of access roads and right of way between lots.
Gerochi noted that access roads and pathways are absent in many areas on the island because of prices of lots.
The Comprehensive Land Use Plan which was unveiled by the Department of Tourism last week only covered major roads, he said.
Dr. Orlando Sacay, owner of the Waling-Waling resort and one of the petitioners, said they have not received a copy of the recent order of the Supreme Court. But he said they will abide by the ruling,
He, however, said that questions on the court ruling remain.
Sacay pointed out that the court dismissed their petitions because of their alleged failure to present tax declarations before 1993 as proof of "open, continuous, exclusive, and notorious possession of their lands in Boracay since June 12, 1945."
But Sacay said they have tax declarations dating even before 1945.
"The question remains: If 30 percent of the land in Boracay were titled even before Proclamation 1064 was issued, why can't we be issue titles on our properties?" said Sacay in a telephone interview.