EDITORIAL

Boracay Beach Nourishment 

by Ernesto T. Solidum

“Free Patent Application and Sustainable Tourism” are the topics of weekly Kapihan held at KASAFI office, Kalibo on November 10, 2012. Ms. Merlene O. Aborka, Forester III, DENR, Engr. Jurlie D. Zubiaga, Land Management Specialist, DENR and Engr. Jonathan Salvador, ship/boat builder were the resource persons and guests.

Engr. Zubiaga explained that RA 10023 governs free patent application for residential lands. It was enacted into law on March 9, 2010. An area of 200 sq m may be applied by residents of highly urbanized cities, 750 square meters for urbanized and 1000 sq m for rural areas. The application requirements are P50.00 filing fee, P75.00 – documentary stamp and other documents like deed of sale, tax declaration and tax receipt for current year. The actual cadastral survey and processing of papers take 120 days from date of filing.

Quoted is pertinent interview with Mr. Baltazar M. Gerardo, CENRO Chief, Kalibo with the author on April 12, 2012 to wit:

“Land owners who failed in the past to avail of the free patent application under the Public Land Law regarding the administrative legalization or confirmation of their imperfect title over alienable and disposable agricultural lands that they possess and occupy for less than 30 years are enjoined to apply with DENR now. This is a privilege and an opportunity under RA 9176 or an Act Extending the Free Patent Law until December 31, 2020. Our Land Management Services have been engaged for the past several years to conduct cadastral surveys, gather pertinent info and process free patent application of agricultural and residential lands. 

While tax declaration is incontrovertible evidence of land ownership, it is technically flawed and is used only for taxation purposes. Confirmation of property title by the government is best evidence of absolute ownership”.  

Regarding the case of land application for titling by Sooc Riverside Association of Kalibo, this is governed by RA 7279 or Lima Law that requires joint DENR – LGU coordination to come up with a Comprehensive Development Plan. Although Lopez Surveying Office has a cadastral survey map of actual occupants and/or claimants, standard access roads need to be established, Engr. Zubiaga pointed out.

Ms. Aborka clarified that processing and approval of Forest Lease Agreement for Tourism purposes (Flag T) by DENR in Boracay is only temporarily suspended. The Comprehensive Land Use Plan (CLUP) of Malay that serves as basis of Municipal Ordinance No. 2000-131, series of 2006 covers only areas in the mainland of Malay and no build zone fronting the long beach portion stipulated at 25 + 5 meters setback. Flag T grantees are not covered by CLUP since they are governed by Forest Land Use Plan. Lease agreement with DENR covers a period of 25 years and may be renewed for another 25 years. 

Engr. Salvador narrated his work experience as an employee of a company engaged in marine reclamation projects in Zepingin, Amsterdam and Palm Island, Dubai. The technology of building artificial lakes and island is sophisticated and advance. Boracay Island is faced by serious coastal erosion and subsidence (sea level rise due to melting polar caps) that it would take about 20 years before the famous long beach will be lost forever. This is the reason why the sea front business establishments (hotels and resorts) in Balabag numbering about 200 are partially located in 30 meters setback. They need to demolished in due time after starting with Boracay West Cove Resort, said Salvador. 

What is the practical solution to restore and preserve the fabled white sand? Well, Engr. Salvador recommends beach nourishment or dredging by means of suctioning sand 1 km. away perpendicular to the long beach shoreline and dumping the sediments onshore until a 50 meter by 3.4 km beach is ingeniously created. The operation involves gently extracting and moving 585,000 cubic meters of sand at a cost of P235 million. The lifespan of developed project will take 5-10, the operation considered environment – friendly and cost effective.

It is welcome development that DENR is doing active research on carrying tourist capacity of Boracay Island. The maxim that “too much of the good thing is bad” holds true. It is expected that realistic target number of tourists visiting the Island be enforced by authorities. On the other hand, it has been remised on strictly implementing forest laws like illegal cutting down trees (total log ban), squatting on forest land (more than 18 percent slope) and illegal construction of permanent structures over natural waterways or drainage canals. In addition, business establishments fronting the long beach hold regular night time beach parties, their solid or liquid wastes spilled on the sand can easily be carried away by tidal water.

The P235 million budget or maximum of P300 million (includes feasibility study, environmental compliance certificate, consultancy services for beach nourishment is a proverbial drop in a bucket of P17 billion annual tourism receipts from Boracay. If proven successful, dredger could be used to restore other iconic beaches of Cebu, Bohol, and Palawan. /MP