Question & AnswerQ&A (PROCLAMATION NO. 475)
The declaration is justified by Section 15, Article II (right to health), Section 18, Article II (right to a balanced and healthful ecology), and Section 2, Article XII (protection of marine wealth) of the 1987 Constitution.
The Department of Environment and Natural Resources (DENR), the Department of the Interior and Local Government (DILG), and the Department of Tourism (DOT).
RA No. 9275 (Philippine Clean Water Act of 2004) mandates the DENR to designate non-attainment areas and implement programs to improve water quality. It also requires local government units to prepare contingency plans, which supports the government's rehabilitation efforts in Boracay.
To ensure public safety and health due to severe environmental degradation, to assist in expeditious rehabilitation, and address socio-economic needs, closing the island temporarily as a tourist destination for six months starting April 26, 2018.
Provisions of RA No. 10121 (Philippine Disaster Risk Reduction and Management Act of 2010) and related laws empower the use of the National Disaster Risk Reduction and Management Fund and other resources for relief and rehabilitation during a State of Calamity.
The Regalian Doctrine states that lands not privately owned belong to the State. In Boracay, except lands with valid titles, the entire island is state-owned, affirming the government's authority over its natural resources and environmental management.
The Philippine National Police, Philippine Coast Guard, and the Armed Forces of the Philippines are directed to enforce the island's closure strictly, maintain peace and order, and act within legal bounds and restraint.
The Municipality of Malay must ensure no tourists are allowed entry into Boracay until the closure is lifted and coordinate with government agencies for the island's rehabilitation and enforcement of related laws.
The State of Calamity remains in force until lifted by the President, regardless of the six-month closure period expiration.