What is the form of ownership in Boracay island?
Boracay Island is owned by the State, except for the titled properties of those who secured such titles in the early 1900s. The recent judicial declaration made these two facts clear just recently.
In its 35-page unanimous decision, the Supreme Court En Banc that Boracay is owned by the State except for the lot areas with existing titles. It likewise declared that by virtue of Proclamation No. 1064 which was declared as valid made portions of the island disposable and alienable lands. The implication and effect would be that those who are holding mere tax declarations may still be able to apply for title as long as they qualify under the terms of said Proclamation. In other words, those who have no title over the lots they occupy in Boracay (those holding tax declarations) are not owners thereof. However, if a law shall be passed to make them eligible for ownership – “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 Court said..
Land ownership of Boracay is unique to the island and is evidenced via a Tax Declaration Certificate. Under Presidential Decree #1064 in 2006 and recently upheld by the Supreme Court on Sept 8, 2008, the land owned by the developers is categorized as Alienable & Disposable giving them the right to possess, own, and develop on the property. As the One White Beach units are sold, individual tax declarations for each unit are conveyed to the unit owners. The recent court decision will also allow the DENR to proceed with the titling of areas classified as alienable & disposable totalling about 60% of Boracay land.
