Acquiring Property in Boracay Island

With exception to the pieces of land (mostly located in Yapak, Boracay Island, Malay, Aklan) that has been issued Torrens Certificates of Title issued on August 7, 1933, most private possession of lands in Boracay Island has been evidenced by Tax Declarations. Under Philippine law, tax declarations are the next best evidence of possession supported by an affidavit signed by the adjoining land owners attesting to the absence of any boundary dispute. This being so, it is an inherent consequence that a person’s "title" over the land by "tax declaration" may be subject to direct and collateral attack by adverse claimants. Over the years, transactions involving lands within Boracay including lease and sale were consummated using tax declarations.

Prior to closure, the island underwent the strict implementation of former president Gloria Arroyo’s proclamation No. 1064 that was issued on year 2006. P.D. 1064 delineates and classified the lands within Boracay Island wherein only 60.94% is alienable and disposable public lands of the public domain which are capable of private ownership subject to government regulations – the rest is forests and timberlands owned by the government and which are not susceptible to private ownership.

Alienable and disposable

A & D certificate is a certification issued by DENR- PENRO. It is a proof that the property/ land is not affected or within the 40% declared as forest land in P.D. 1064. It is one of the most important documents that you should have when you have (or planning to have) properties in Boracay Island.

More information at Relocation Survey.

Can foreigners acquire properties in the Philippines?

Under Philippine Law, Foreign citizens are not allowed to own land. However, they are allowed to own houses, condominiums, or other improvements which are considered mere accessories to the land on which these properties are located. For this reason, tax declarations or condominium certificate of titles (CCTs) for these properties (houses, condominiums, etc.) may be issued by the government directly in the names of the foreigners.

Corporations can own land in the Philippines, provided that foreign partners cannot own more than 40% of share in the company---Filipino citizens should own the 60%. Corporations as a separate entity must be registered with the government’s Security and Exchange Commission (SEC) to do any corporate business in the Philippines. Most of the businesses here in Boracay Island are being operated under a corporate structure.

SPR Boracay Real Estate Inc., being the most active and most qualified real estate firm in Boracay Island has already been dealing with land and other real estate issues like transfer of ownership (est. 4-6 months process) for years. So therefore, we can guarantee a safe and sure real estate transactions when it comes to acquiring properties here in Boracay Island.

Also, concerning the current situation of Boracay Island, SPR Boracay Real Estate Inc. offers assistance for the relocation of your lot as per cadastral survey by organizing a relocation and topographic survey of land through a licensed Geodetic engineer.