Boracay resort owners urge GMA to recall reclassification order

BORACAY, Aklan — Resort owners here have urged President Arroyo to recall a proclamation reclassifying the world-renowned resort as an agricultural and forest land.

According to Quirino Marquinez, lawyer of Orlando Sacay, the owner of one of the biggest resorts here, the other resort owners came to a collective agreement to push for the recall of Proclamation 1064.

Marquinez said Sacay, owner of Waling-Waling Beach Hotel, and the other resort owners had noted the reclassification of Boracay under PP 1064 may result in losses in tourism revenues, conservatively placed at P7 billion every year.

"This is the best option to settle this mess," Marquinez said.

He said Sacay, along with numerous owners of business establishments here, filed a petition before the Supreme Court (SC) to stop government from implementing PP 1064.

Sacay suggested that the government, through the Department of Environment and Natural Resources (DENR), should refrain from taking over the island and allow a public auction to take place.

Sacay pointed out the move would displace local businessmen who have invested their money to develop the island-paradise to what it is now — one of the world’s best.

"Let the SC decide. If we win, then we win. If we lose, then that’s it," Sacay said. "If other big companies have managed to secure land titles to their businesses, why can’t we? We have been here for a very long time. We have developed this island."

Following the recommendation of the DENR in 2005, President Arroyo issued PP 1064 declaring the 628-hectare island as "alienable and disposable."

This means the whole island can be auctioned off to any investor who can make the highest bid.

Sacay said the auction would deprived the local businessmen and resort owners of their "vested rights of ownership."

Protesters have displayed placards and streamers, echoing the sentiments of the investors who have since made a living in the island resort and developed it into a world-class tourist destination.

"The forestry law is being applied here (by the government). This is very unfair," Sacay remarked.

So far, 58 resort owners have signed up to push for the recall of PP 1064.

Sacay claimed many others have expressed their support, mainly because many of their partners in the development of the tourism area are similarly situated on the possibility that they would be displaced once the government auctions off Boracay.

"Essentially, what we’re saying is that the proclamation doesn’t apply to us," he said.

Marquinez invoked an SC decision, Suse vs Razon, where the rights of those who held their properties for more than 30 years, or those who have in possession of the property in a continuous and unimpeded manner was upheld.

"Following that rule and on the basis of the undisputed facts, the land subject of this appeal (in the SC) was already private property at the time it was acquired," Sacay said.

He was also joined by resort owner Willy Gelito in their petition before the high court seeking the issuance of a temporary restraining order for the proclamation.

Sacay and Gelito said PP 1064 is a "sweeping classification," branding the presidential edict as "absurd and unreasonable."

"It (proclamation) does not and cannot apply to us whose prior vested rights to ownership over the occupied area must be respected," they said.

They warned its implementation would practically wipe out the tourism industry from Boracay.

"Its implementation will destroy the tourism industry in Boracay, classified almost 20 years ago as a tourist zone and a marine reserve," they said.

They claimed the presidential order sent a "chilling effect" to local enterpreneurs and paralyzed some businesses that are about to expand their operations.

Aklan Rep. Florencio Miraflores earlier defended the operators in the island-paradise.

"All of a sudden, the bright future has been dimmed by a proclamation that classifies the property as alienable and disposable (land) and these properties will be up for auction," Miraflores said in his privilege speech.

Miraflores said he could not comprehend the logic why the DENR wanted to reclassify Boracay.

He pointed out that under the law, public lands are disposed under four modes, especially those suited for agricultural purposes, and these include homestead, sale, lease and by confirmation of imperfect or incomplete title either through judicial and/or administrative legalization.

"If these four modes are provided by law, why then is the DENR focusing only on the sale option?," Miraflores asked. "Is this the most viable, effective, just and equitable option? This is alarming, to say the least," he said.

The Aklan lawmaker echoed the sentiments of property owners in Boracay saying PP 1064 would cause " the greatest injustice" to long time property owners.

Miraflores cited Section 28 of Public Land Act which provides the method of selling underdeveloped agricultural land.

He said the law could be a far reality if applied in the case of Boracay. "In fact, we have been accused of over development," Miraflores said.

"From this provision alone, it is very clear that the intention of the law is to sell undeveloped agricultural land," he said.

Miraflores said the DENR should not ignore the rapid development of the 628.96 hectare island and categorize it as alienable and disposable under the law.

"While the government has the right to classify portions of public land. The primary right of a private individual who possessed and cultivated the land in good faith much prior to such classification must be recognized and should not be prejudiced by after events which could not have been anticipated," Miraflores said quoting another Supreme Court ruling over a land dispute.