THE proposed construction of a casino-resort in Boracay faces legal complication due to the 2008 Supreme Court decision classifying 400 hectares of the island as forest and agricultural land that belong to the state, an official said Sunday.
“Assuming that a large area of the island is in fact forest land, no part of it can be appropriated by any person unless the state declares it as alienable,” Justice Secretary Menardo Guevarra said when sought for his opinion.
He made his statement even as JV Ejercito said Boracay’s closure for a six-month rehabilitation was an opportunity for other tourist spots to shine.
‘‘Definitely, this is a chance for other equally beautiful places and hidden wonders around the country to be discovered while Boracay is undergoing rehabilitation, Ejercito said.
He called on the Tourism department and private stakeholders to close ranks and implement a massive promotional campaign for the other equally exciting tourist destinations in the country.
‘‘For every crisis, there is an opportunity. I believe that this is a great chance for other tourist destinations to take center stage, Ejercito said.
Earlier, Senator Sonny Angara urged the government to promote other Philippine tourist destinations, especially in the poorer areas, to sustain the country’s tourism growth.
He said there were many world-class tourist destinations here that could be promoted while Boracay was undergoing rehabilitation.
Guevarra said the 400 hectares in Boracay, including the beach front, were reserved forest land meant for “protection purposes” and could not be privately owned.
He made his statement amid reports of a plan to build a $500-million integrated resort on a 23-hectare property in Boracay by Macau casino giant Galaxy Entertainment and its local partner, Leisure and Resorts World Corp.
“It’s not that easy. There is a complicated process of reclassification [of land],” Guevarra said.
In its ruling, the high court cited reclassification of the island as a suggestion. It explained that Congress needed to pass a law that would reclassify the land and entitle the claimants to ownership over certain areas.
Malacañang earlier announced that President Rodrigo Duterte was planning to reclassify the island for land-reform purposes.
Apart from the reclassification process both in the executive and legislative branches, Guevarra believes that the legal issues on building a casino in Boracay could also reach the high court.
“It may involve constitutional issues,” he said.
Under the high court ruling, the tribunal classified the owners of resorts fronting the shoreline as merely “builders in good faith” because the area is forest land that cannot be privatized.
“The continued possession and considerable investment of private claimants do not automatically give them a vested right in Boracay,” according to the decision written by now retired Associate Justice Ruben Reyes.
“Nor do these give them a right to apply for a title to the land they are presently occupying.”
