Boracay Ati land barricaded amid CLOA ownership dispute

1 of 5

By Joseph Bernard A. Marzan

The Ati community in Boracay Island, Malay, Aklan, was once again barred from entering land awarded to them after private developers fenced off a portion of the property despite an ongoing legal battle over its ownership.

“Earlier at 8:30 in the morning we were shocked when we went to our land at Station 3 that there is already a barricade, there is a sturdy door that is locked and Boracay Atis could not enter,” the Asosayson sang Boracay Ati Tribal Organization (ABATO) said in a Facebook post on Monday, Feb. 16.

The land is one of five parcels awarded to the Ati community in 2018 by the Department of Agrarian Reform (DAR) through Certificates of Land Ownership Award (CLOAs) during the Duterte administration.

A large tarpaulin posted at the site displayed a copy of a Notice of Order dated Jan. 29, 2024, and certified as a true copy by the DAR on Jan. 7, 2026.

The order, signed by DAR Secretary Conrado Estrella III, affirmed resolutions issued by the DAR Western Visayas office canceling one of the granted CLOAs, with Jeco Development Corp. listed as the protestant.

Estrella earlier assured ABATO in 2024 that government land would be provided for relocation.

ABATO, however, told Daily Guardian that it rejected the offer after learning the proposed relocation sites were in Antique province, far from Boracay Island where their members live and work.

ABATO also said in its post that the fencing and tarpaulin display were put up despite the absence of a notice to vacate or writ of execution, which typically follows once an order attains finality.

“The incident is a continuing violation of our rights, and we believe the rule of law is not being followed,” the group said.

Maria Tamboon, one of ABATO’s leaders, said they received a copy of the Notice of Order only on Jan. 23.

She said community members, accompanied by nuns assisting them, went to the site to clarify the status of the case after learning that entry to the CLOA land had been blocked.

“We said that it was simply a Notice [of Order], and it wasn’t final. So we thought that nothing would happen. […] Our gardener […] came to us and informed us that the [CLOA] land was no longer accessible, so we went there together with two sisters, […] and we clarified [the case] because we haven’t received any finality [from the DAR],” Tamboon said in a phone interview.

Tamboon said enforcement of any final order should come from the DAR, not from private security personnel.

“Who serves [the finality] should be the DAR. It should be the DAR [enforcing the order] not the security guard. Why are the security guards the ones leading, and owning the law which should be in the right side? They should just wait for the courts,” she said.

She said they are considering legal action against the guards, who allegedly covered their nameplates during the confrontation.

Upon advice of their counsel, ABATO members documented the incident and filed a blotter report with local police.

Tamboon said the disputed area, which they refer to as CLOA 5, contains gardens where Ati families grow bananas, cassava, tubers, papaya, and coconuts.

The community earns between PHP 500 and PHP 1,000 each time they sell their produce to residents and small businesses on the island, income they use for daily sustenance.

She added that some non-Ati workers who pass through the land to reach their residences are reportedly allowed entry by guards.

“There’s some discrimination against us there,” she said.

Lawyer Daniel Dinopol, who represents ABATO along with his daughter, Kchyrziahshayne Dyñelle, said the cancellation order is the subject of a motion for reconsideration filed via courier on Feb. 4, within the 15-day reglementary period before the DAR secretary’s office.

Courier tracking records showed the filing was received on Feb. 9 by an employee identified as Russel Rosvelio.

Dinopol reiterated that the group is prepared to contest the CLOA cancellation cases up to the Supreme Court if necessary.

In a related case in 2023, the DAR regional office granted a cancellation in favor of Anchor Land president Digna Ventura.

That ruling was later affirmed by the Office of the President, prompting ABATO to file a motion for reconsideration.