Saturday, December 09, 2006

Durano: Let SC Decide Land Title Issue In Boracay

By Philip Tubeza
The government is leaving it up to the Supreme Court to decide on the contentious issue of titling lands on the island resort of Boracay, Tourism Secretary Ace Durano said, regarding the land problem in Boracay Island.
He stressed that the administration would wait for the high court ruling since the Department of Environment and Natural Resources (DENR) and Boracay resort owners could not agree on the mechanics of titling land.
"Sooner or later, that will be resolved because that’s in court already... It’s the only way to resolve (the issue) because the DENR and the land owners cannot agree on the terms," Durano said.
"Both sides agreed that the lands should be titled. They just can’t agree on the mechanics. So, the courts can be the only one to resolve it." Durano stressed, (Congressman Florencio T. Miraflores approved the disposal of land in Boracay through public bidding.)
The resort owners and the government have been locked in a legal battle since 1997 over the titling of land on the island, an issue that has reached the Supreme Court.
While the high tribunal has yet to issue a ruling, MalacaƱang in May issued Presidential Proclamation 1064, which reclassified 400 hectares of Boracay land as forested or inalienable while 628.96 hectares were deemed as agricultural or alienable and disposable.
Boracay residents complained that the proclamation would pave the way for the public auction of their lots even if there are already establishments on them.
They warned that the executive order is jeopardizing the island’s P7 billion tourism industry and urged the Supreme Court to nullify it.
They maintained that a ruling from the high court is needed since many parcels of land even in the province of Palawan, which the government is promoting as a site for tourism investors, also have no titles.
While the legal battle continues, Environment Secretary Angelo Reyes has promised senators and congressional representatives that his agency would observe the status quo on the island and wait for the high court’s decision.
Despite the dispute, Durano noted that the boom in Boracay’s tourism industry continues, with the resort owners themselves admitting that there is "no more lean season" for the island.
They explained that business is good even during the rainy season since Korean tourists flock to Boracay, which is famous for its powdery white sand, to escape the winter cold in their country.
"Right now, what’s important to us is that Boracay is business as usual. At least, all the resorts are open especially at this time of the year when it’s really peak season," Durano said.
"All are opened and in fact there will be 1,200 additional rooms in Boracay under construction. /MP

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