Boracay Belongs To The State

Here are photos of some of the more famous establishments in Boracay. And if you have enough time, please read also my law post about the place:

Mandarin Spa

High-End Regency

Red Coconut Resort and Bar

O2 - Party Place

Nigi-Nigi Bar - Bora's Famous Bar

Calypso Diving School and Resort

D' Mall @ Station 2

Jonah's - The Best Place for Fruit Shakes

I have devoted almost twenty posts in this blog on my recent travel to Boracay and I have even shared to you some images that I have taken during that trip. I do not want to end this series without citing a law topic because after all, this blog is about law, travel and photography in island Philippines.

And since Boracay has been in the news lately because of the Supreme Court ruling that the island is a government property, I deemed it proper to delved on the issue and explain the basis of that SC’s ruling in a Q & A format:

The decision of the Supreme Court relied mainly on Regalian Doctrine, what is this doctrine?

Regalian Doctrine provides that all lands of the public domain belong to the State and that all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. Thus, all lands that have not been acquired from the government, either by purchase or by grant, belong to the State as part of the inalienable public domain.

What is the State’s role in this doctrine?

It is up to the State to determine if lands of the public domain will be disposed of for private ownership. The government, as the agent of the state, is possessed of the plenary power as the persona in law to determine who shall be the favored recipients of public lands, as well as under what terms they may be granted such privilege, not excluding the placing of obstacles in the way of their exercise of what otherwise would be ordinary acts of ownership.

So, are Boracay lands privately titled?

It appears from the records that only ten percent of Boracay is titled. Therefore, following the Regalian Doctrine, since there is no proof of private ownership, the rest of the island belongs to the state.

If the claimants have no titles what do they have?

Most of those who possess lands in Boracay do not have original, registered land titles but only hold tax declarations passed from one buyer to another.
Further, these land claimants purportedly availed themselves of the legal remedy under the Commonwealth Act (CA) No. 141, which allows lots be registered in the name of the claimant through judicial confirmation of imperfect titles but they have failed to meet the legal requirement of the Act.

And what are the requirements?

The requirements are:

(1) There must be open, continuous, exclusive, and notorious possession and occupation of the subject land by himself or through his predecessors-in-interest under a bona fide claim of ownership since time immemorial or from June 12, 1945.

(2)The land must be classified as alienable and disposable land of the public domain.

So, will these claimants be evicted from Boracay?

Even if the Boracay landowners are not eligible to have land titles, it doesn't mean that they will be kicked out of their properties. The SC said that "lack of title does not necessarily mean lack of right to possess."

"For one thing, those with lawful possession may claim good faith as builders of improvements. They can take steps to preserve or protect their possession. For another, they may look into other modes of applying for original registration of title, such as homestead or sales patent, subject to the conditions imposed by law," the SC said.

"More realistically, Congress may enact a law to entitle private claimants to acquire title to their occupied lots or to exempt them from certain requirements under the present land laws," the SC said.

So, what are the options available now to residential owners?

Residential owners in Boracay will have to explore other options--homestead patents, sales patents--if they want to preserve or protect their properties on the island. They may also ask Congress to pass a law that would allow them to acquire titles to their occupied lots.

Any lessons learned?

Beware of buying properties in Boracay especially if the seller could not show original land titles. Remember that tax declarations do not guarantee ownership of the land.

Any famous last words?

The Court is aware that millions of pesos have been invested for the development of Boracay Island, making it a by-word in the local and international tourism industry. The Court also notes that for a number of years, thousands of people have called the island their home. While the Court commiserates with private claimants’ plight, We are bound to apply the law strictly and judiciously. This is the law and it should prevail. Ito ang batas at ito ang dapat umiral.

For full copy of the SC decision please click here.