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Showing posts from July, 2010

PROPERTY POINT: Boracay Case

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This month is the Couchsurfing (CS) Manila Boracay Escapade of which I am invited to attend. It is in celebration of CS Lyn birthday (July 13) and the opening of her new home from July 10-15,2010. I'm sure it will be fun so too bad I can't attend. My sadness,however,could not be compared to the sadness felt by several resort owners way back in October 2008, when the Supreme Court (SC) declared that some 400-hectare of Boracay Island as reserved forestland that cannot be subject to private ownership.

In its October 8,2008 decision, the SC declared that Boracay Island is owned by the state and ruled that private claimants are ineligible to apply for a judicial confirmation of title over their occupied portions in Boracay even with their continued possession and considerable investment in the land.

The SC en banc dismissed the claim of the affected residents, mostly owners of various resorts in the island, that Proclamation 1801 and its implementing circular issued by the late Pr…