QuestionsQuestions (PROCLAMATION NO. 475)
It cites (1) Section 15, Article II (right to health and health consciousness) and (2) Section 18, Article II (policy to protect and advance a balanced and healthful ecology). It also cites Section 2, Article XII (protection of the nation’s marine wealth in archipelagic waters, territorial sea, and EEZ).
Key findings included: high fecal coliform concentrations due to insufficient sewer lines and illegal discharge of untreated wastewater; most establishments not connected to sewer infrastructure; only 14 of 51 establishments compliant with RA 9275; degradation of coral cover; excessive solid waste generation beyond hauling capacity; damage to habitats of Puka shells, nesting turtles, and flying foxes; remaining wetlands reduced due to illegal encroachment/structures; and beach erosion linked to storm impacts, sand extraction, foreshore construction, and wastewater discharge.
When water bodies (or portions) have exceeded water quality guidelines for specific pollutants from natural or man-made sources. DENR must designate them as non-attainment and prepare/implement a program to prevent new pollutant sources without corresponding reductions from existing sources.
DENR, in coordination with other concerned agencies and private sectors, must take measures to upgrade water quality in non-attainment areas to meet standards. Local government units must prepare contingency plans and other measures, including relocation when necessary, for protection of health and welfare.
Because Proclamation No. 475 uses the DRRM legal framework and references the National Disaster Risk Reduction and Management Council’s recommendation to declare a State of Calamity and temporarily close Boracay to ensure public safety and public health and to enable expeditious rehabilitation.
It ordered the temporary closure of Boracay Island as a tourist destination for six (6) months starting 26 April 2018, or until 25 October 2018, subject to applicable laws, rules, regulations, and jurisprudence.
No. It states the State of Calamity shall remain in force and effect until lifted by the President, notwithstanding the lapse of the six-month closure period.
All departments, agencies, and offices—including government-owned or controlled corporations and affected local government units—were directed to implement closure and rehabilitation works in accordance with operational plans and directives, including the Boracay Action Plan.
It mentions employment of negotiated procurement and utilization of appropriate funds, including the National Disaster Risk Reduction and Management Fund, for relief and rehabilitation.
Concerned agencies were directed, as may be necessary, to control prices of basic goods and commodities for affected areas, and to coordinate with and provide or augment basic services and facilities of affected local government units if necessary.
The Philippine National Police, Philippine Coast Guard, and other law enforcement agencies, with support of the Armed Forces of the Philippines, were directed to enforce the closure strictly, with restraint and within bounds of law, ensuring peace and order.
It was directed to ensure that no tourist would be allowed entry to the Island of Boracay until the closure has been lifted by the President.
It references Proclamation No. 1064 (s. 2006) classifying parts of Boracay as reserved forest land and alienable and disposable agricultural land, and then invokes the Regalian Doctrine to support that, except for lands with existing valid titles, the entire island is state-owned. This helps frame authority and regulation over land-related environmental issues such as illegal encroachment.
It emphasizes rehabilitating the island to ensure sustainability and prevent further degradation; it directs execution of appropriate rehabilitation works in accordance with the Boracay Action Plan; and it urges compliance to restore ecological balance for the benefit of all concerned.
It states tourist arrivals increased by more than 160% from 2012 to 2017 and reports daily tourist numbers, then links rising tourist pressure to insufficient sewer and waste management systems and environmental violations, which aggravate degradation, disrupt normal life, and damage property and natural resources.