Land titling in Boracay

From September 2018 to August 2019, the DENR conducted a rapid land tenure appraisal for possible titling, identify and recommend for the proclamation, strictly enforcing the master plan and other local ordinances.

On April 26, 2018 an inter-agency task force (DENR, DOT, DILG) implemented the six (6) months rehabilitation of Boracay Island. The department recommended specific tasks to be accomplished by the rehabilitation program during this period. These objectives are: first, upgrading of Boracay’s Sewerage system, including sewer lines. Second, installation of the Solid Waste Management and facilities in full compliance with the provision of the Ecological Waste Management Act. Third, implementing PD 1064 such as removal of illegal structures in the forest land and wetlands, easement areas like 25+5m easement from the tide on structures by the beach. Fourth, is road widening and construction, implementing the 15-meter setback from the center line of the road. Pipe-laying and excavations to improve traffic and easier movement on the island. Fifth, is the rationalization of Boracay’s transportation system to enhance the island’s accessibility and assist the conduct of the business.

Proclamation No. 1064 classified certain parts of Boracay as alienable public lands and opened the same to private ownership. Therefore, all claims of ownership, and transactions that established such ownership prior to Proclamation 1064 are deemed without basis, for it is not possible to title, more so sell and transfer, land that is under the public domain in accordance to P.D 1801 by President Marcos back in 1978. Thus, their land claims are legally mere rights of possession, and not rights to a title. The court further ruled that the proclamation 1064 did not automatically grant ownership rights to the occupants of those remaining 628.96 hectares that have been classified as agricultural land. Only those private claimants who can present proof of open, continuous, exclusive and notorious possession of their lands since June 12, 1945 can apply for judicial confirmation of their imperfect titles. However, the court did not totally close the possibility of qualified possessors and occupants gaining titles when it said that “lack of title does not necessarily mean lack of right to possess.” The court provided current occupants of Boracay a way out when it said that: “… those with lawful possession may claim good faith as builders of improvements. They can take steps to preserve or protect their possessions. For another, 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.”

Why do we need to get a new A & D certificate?

Last 2018, the DENR central office has filed complaints for the cancellation of titles and reversion against 18 title holders for 21 homestead patents covering 70,573 square meters or 7.05 hectares and declared the issuance of the homestead patents as invalid.

The case arose from the issuance of the patents to property occupants from November 2009 to December 2010.
A homestead patent is a mode of acquiring a title for public land areas categorized as alienable and disposable and which are used for agricultural purposes.
After an internal investigation in 2011, the DENR declared the issuance of the homestead patents as invalid. It said the issuance of homestead patents was irregular because the lots involved were commercial or residential but declared as agricultural.
The agency relieved and filed administrative complaints against several of its personnel for issuing the homestead patents, issuing multiple patents to a patentee when the law allows only one, and issuing patents to lots covering or overlapping the 15-meter road easement.
Furthermore, A & D certificates issued prior to Boracay closure dated April 26, 2018 are cancelled. Thus, property owners in Boracay need to get a new A & D certificate to know if their property/ land is affected or within the 40% declared as forest land in P.D. 1064.

The SPR Boracay Real Estate Inc. has already been here in Boracay for almost 20 years. Thus, we can say that we are experienced in assisting property/land owners in dealing with the kind of land issues like processing of the new A & D or anything in relation to the properties here in Boracay.