Boracay group wants forestland cases paused over habitat concerns

By Rjay Zuriaga Castor

A Boracay-based civic organization has urged the Department of Environment and Natural Resources (DENR) to implement an immediate moratorium on all forestland prosecution and enforcement actions on the island, citing the absence of a clear, science-based, and participatory management framework for affected forestlands.

The Natives of Boracay and Business Stakeholders, Inc. (NaBBSI), in a May 29 position paper to the DENR, argued that current legal actions against forestland residents and occupants are premature due to significant gaps in the island’s environmental governance.

The group argued that the principle should be clear: “Enforcement should follow management — not precede it.”

“Before residents and long-term occupants are subjected to criminal prosecution and other coercive enforcement measures, the State must first demonstrate that it has established and implemented the planning, management, conservation, and governance mechanisms necessary to administer the affected forestlands in a just, transparent, and scientifically grounded manner,” it said.

At the center of the group’s appeal is Forestland Block A, which NaBBSI said forms part of a declared critical habitat due to the presence of flying fox roosting sites identified under the Boracay Action Plan.

NaBBSI said the recent discovery that Forestland Block A forms part of a critical habitat, combined with the absence of an approved Forest Land Use Plan (FLUP) for Malay, raises serious questions on how Boracay’s forestlands are being governed.

The group said Forestland Block A appears to fall within the rehabilitation and conservation objectives of the Boracay Action Plan, particularly under Theme 3, which focuses on the “Rehabilitation and Recovery of Ecosystems.”

Under the plan, the government committed to increasing forest cover, protecting forestlands and wetlands, delineating and protecting critical habitats, rehabilitating areas of high biodiversity value, and recovering critical terrestrial habitats in delineated forestland areas.

NaBBSI said the plan also includes specific targets such as the reforestation of open and denuded forestlands, establishment of partnership mechanisms for rehabilitation and protection, ecological assessments, monitoring programs, and effective management of Boracay’s forestlands.

“Forestland Block A appears to fall squarely within these rehabilitation and conservation objectives,” the group said.

However, NaBBSI said it recently learned that portions of the same area may be covered by private land titles and may still be subject to development activities despite their location within a declared critical habitat.

“This circumstance raises a fundamental governance concern,” it said.

Boracay, among the country’s most visited beach destinations, underwent a six-month, government-ordered closure in 2018 to reverse environmental degradation — the rehabilitation drive that produced the Boracay Action Plan now cited by NaBBSI.

Environmental governance cannot be selective

NaBBSI questioned how forestland occupants in other parts of Boracay can be prosecuted in the name of environmental protection while development activities are reportedly allowed to continue in an area identified by the government itself as a critical habitat.

“If Forestland Block A is environmentally significant enough to warrant Critical Habitat protection because of the presence of Flying Fox roosting sites and the need to recover critical terrestrial habitats, then the State must first establish and disclose the management framework through which such habitat is being protected, rehabilitated, monitored, and regulated,” the group said.

The organization stressed that the issue is not simply whether portions of Forestland Block A are titled or untitled.

Rather, it said the more important question is whether an area identified by the government as a critical ecological resource is being governed by a clear, transparent, science-based, and legally coherent management framework.

“The existence of private titles within portions of the Critical Habitat does not eliminate the need for environmental regulation, biodiversity conservation measures, habitat protection standards, or management interventions,” NaBBSI said.

“On the contrary, it makes the existence of a comprehensive management framework even more essential,” it added.

The group said the public remains unaware of any approved critical habitat management plan, comprehensive biodiversity management framework, or FLUP governing forestland blocks in Boracay Island.

NaBBSI said this is significant because the local government of Malay has allegedly not yet adopted its FLUP.

Without an approved FLUP, the group said significant questions remain unresolved, including forestland zoning and management objectives, and habitat protection measures applicable to critical habitat areas, among others.

Moratorium sought

The group said the moratorium should remain in place pending the completion, disclosure, and implementation of a comprehensive forestland governance and management framework.

It also asked DENR to conduct a comprehensive review and correction of alleged technical defects and mapping inconsistencies in Presidential Proclamation No. 1064, its land classification maps, and its derivative cadastral map.

PP 1064, issued in 2006, classified portions of Boracay Island into reserved forestland for protection purposes and alienable and disposable agricultural land.

The Supreme Court affirmed Proclamation No. 1064 in 2008, upholding the division of the island into protected forestland and land open to private titling.

NaBBSI said enforcement actions should not proceed while mapping, classification, tenure, and governance issues remain unsettled.

The group also asked DENR to clarify and publicly disclose the legal, policy, and management framework governing Forestland Block A and other forestland blocks in Boracay.

This includes any critical habitat management plans, biodiversity conservation plans, ecological assessments, flying fox habitat assessments, monitoring reports, zoning regulations, development controls, and other management instruments currently in force.

The organization also urged DENR to provide information on conservation, rehabilitation, monitoring, and habitat protection measures being implemented within Forestland Block A.

It further asked the department to identify the offices, agencies, and management bodies responsible for implementation, as well as the permits, environmental clearances, development approvals, and other authorizations issued within the area.

NaBBSI said DENR should also explain how ongoing and proposed developments are evaluated for consistency with the Boracay Action Plan’s objectives on habitat protection, biodiversity conservation, and recovery of critical terrestrial habitats.

 

Call for participatory forestland plan

NaBBSI also urged DENR to facilitate the immediate preparation, adoption, and implementation of a FLUP for Malay.

The group said the process should include meaningful participation from affected communities, indigenous peoples, business stakeholders, civil society organizations, and other relevant sectors.

It also called for a transparent, science-based, and participatory forestland governance framework that clearly defines management responsibilities, conservation objectives, habitat protection measures, land-use controls, and stakeholder participation mechanisms before prosecution and enforcement actions continue.

NaBBSI said it remains supportive of legitimate conservation efforts, biodiversity protection, and the sustainable management of Boracay’s environmental resources.

However, it stressed that environmental governance must be implemented consistently, transparently, and in accordance with planning, management, and participatory mechanisms under existing laws, policies, and the approved Boracay Action Plan.