In a 10-page comment submitted to the Supreme Court, DENR’s regional technical director of the Land Management Services said Malacañang’s reclassification of Boracay and the areas around it "is well within the ambit" of its authority.
Presidential Proclamation 1064 classified Boracay Island into agricultural lands and forest reserve, and provided for a 15-meter buffer zone on each side of the centerline of road and tracts for right-of-way purposes.
"The exercise of the above-cited authority rest upon the reasonable discretion of the President guided by the view of how Boracay Island is to be classified and what is good for the majority of the inhabitants in Boracay Island and not upon the expression of the will of the predominant power in the community," said DENR in its comment, a copy of which was obtained by The STAR.
DENR Secretary Angelo Reyes is preparing to submit his own comments on the issue. He met yesterday with local DENR officials to discuss their next move.
Regional Technical Director Antonio Luis filed the comment with SC last week through lawyer Romeo Mijares.
It also said "the issuance of the Proclamation 1064 is not based on the erroneous and rejected assumption as what the petitioners believed it to be."
Long-time Boracay residents and resort owners have contested Proclamation 1064 before the courts, saying it will hurt tourism because operators of resorts and other tourist areas in Boracay may hold off development plans for what many consider an "island paradise."
Orlando Sacay and Wilfredo Gelito and other landowners of Boracay, are seeking a preliminary injunction and temporary restraining order on the implementation of Presidential Proclamation 1064 for lack of merit. The petitioners described PP 1064 as "sweeping classification" and that it was "absurd and unreasonable."
According to Luis, Boracay had never been placed under any present classification and that under existing laws, the island resort falls under the category of "public forest."
Luis also pointed out that although the authority to "reclassify" lands of the public domain from one class to another was withdrawn from the President under the 1987 Constitution, the power to "classify" lands of the public domain "is still vested with the President."
"In the light of the foregoing... it is our considered opinion that the issuance of Proclamation 1064 could not in any manner destroy the tourism industry in Boracay Island," the comment said.
"On the other hand, it would even bolster the tourism industry in Boracay," it added.