MANILA, Philippines — President Duterte is within legal bounds in declaring Boracay under land reform, more than a month after ordering the island closed to tourists while it is undergoing rehabilitation, according to Malacañang.

Palace spokesman Harry Roque Jr. said Friday that the decision is in line with the 2006 Presidential Proclamation 1064, which classified the island as both agricultural and forestland for protection purposes.

The Supreme Court, he added, affirmed the constitutionality of that measure, which was signed by former president Gloria Macapagal-Arroyo.

“Per the Department of Agrarian Reform, an initially identified 18 to 20 hectares with no structures can be immediately placed under agrarian reform subject to further ground verification survey,” Roque said.

Following the President’s instruction to prioritize indigenous people, he noted that about 80 individuals from the Ati village in Boracay could qualify as agrarian reform beneficiaries, although they still need to go through screening process.

“All existing roads, trails and pathways and a fifteen-meter buffer zone on each side of the centerline of roads and trails which are reserved for right-of-way shall form part of the area reserved for forestland protection purposes,” part of the proclamation reads.

Last week, Duterte said he does not want to see any developer build subdivisions in Boracay, although he tossed to Congress the responsibility to create a law that will designate a portion of the island for commercial purposes.

“At the back, it’s commercial... I do not know how you will do it but I am telling you, Boracay is still quantified as forest and agricultural land. So if you are building a house there somewhere, I am sorry, we will just have to make some adjustments,” the President said.

He added that he does not want to declare the island a commercial zone, fearing that this may create a ruckus among investors who want a piece of an island famous for its long stretches of white sand beach.

Yesterday, the Kalikasan-Philippine Network for the Environment cautioned the government against placing the entire island under land reform, fearing this may put at risk some protected ecosystems including those of flying foxes.

Leon Dulce, Kalikasan national coordinator, pointed out that declaring the entire island under land reform may run counter to its rehabilitation as the “only other arable areas that can be distributed under agrarian reform are Boracay’s communal limestone forests that host its flying foxes.” – With Artemio Dumlao

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