Title
State of Calamity and Closure of Boracay Island
Law
Proclamation No. 475
Decision Date
Feb 16, 2024
Proclamation No. 475 declares a State of Calamity and temporary closure of Boracay Island to address environmental degradation, protect public health, and rehabilitate the island, due to various environmental violations and degradation, including high concentration of fecal coliform, insufficient sewer lines, illegal discharge of untreated waste water, degradation of coral reefs, excessive solid waste generation, and illegal encroachment of structures on wetlands.
state of calamity
temporary closure
tourist destination

Constitutional and statutory anchors

  • The proclamation invokes Section 15, Article II of the 1987 Constitution on the State’s duty to protect and promote the right to health of the people and instill health consciousness.
  • The proclamation invokes Section 18, Article II of the 1987 Constitution on the State’s policy to protect and advance the right to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
  • The proclamation invokes Section 2, Article XII of the 1987 Constitution on the State’s duty to protect the nation’s marine wealth in archipelagic waters, territorial sea, and the exclusive economic zone.
  • The proclamation relies on Republic Act No. 10121 (Philippine Disaster Risk Reduction and Management Act of 2010) through the recommendation of the National Disaster Risk Reduction and Management Council for a State of Calamity and temporary closure to ensure public safety and public health and to assist expeditious rehabilitation.
  • The proclamation invokes Republic Act No. 9275 (Philippine Clean Water Act of 2004) on water-quality governance, including non-attainment area measures, upgrading water quality to meet standards, and contingency plans and measures such as relocation when necessary.
  • The proclamation references Proclamation No. 1064 (s. 2006) classifying the Island of Boracay into portions of reserved forest land and agricultural land.
  • The proclamation applies the Regalian Doctrine as emphasized in jurisprudence that lands not privately owned belong to the State, stating that the entire island of Boracay is state-owned except lands covered by existing valid titles.

Policy purpose and calamity premise

  • The proclamation is grounded on the need for urgent measures to address human-induced hazards, protect health and well-being, and rehabilitate the island to ensure sustainability and prevent further ecosystem degradation.
  • The proclamation characterizes the conditions in Boracay as involving serious environmental degradation that disrupts ecological balance, damages property and natural resources, and disrupts the normal way of life of residents and workers.
  • The proclamation ties the closure directive to public safety and public health objectives under Republic Act No. 10121.

Environmental and disaster-risk findings

  • The proclamation states that investigations revealed high fecal coliform concentration in Balabag beaches on the eastern side of Boracay due to insufficient sewer facilities and illegal discharge of untreated wastewater into the beach.
  • The proclamation states that daily tests from 6 to 10 March 2018 showed consistent failure to meet acceptable water standards, with an average result of 18,000 most probable number (MPN)/100ml, exceeding the standard level of 400 MPN/100ml.
  • The proclamation states that most commercial establishments and residences were not connected to Boracay’s sewerage infrastructure and that waste products were not being disposed through proper sewerage infrastructure in violation of environmental laws and regulations.
  • The proclamation states that only 14 out of 51 establishments near the shores of Boracay complied with the requirements under Republic Act No. 9275.
  • The proclamation states that “dirty water” contributes to degradation of coral reefs and coral cover, and cites a decrease of approximately 70.5% from 1988 to 2011, with the highest decrease between 2008 and 2011 during a period of increased tourist arrivals (approximately 38.4).
  • The proclamation states that solid waste generation is 90 to 115 tons per day while local hauling capacity is 30 tons per day, leaving approximately 85 tons of waste in the island daily.
  • The proclamation states damage and/or destruction of natural habitats, including Puka shells, nesting grounds of marine turtles, and roosting grounds of flying foxes or fruit bats.
  • The proclamation states that only four (4) out of nine (9) wetlands in Boracay remain due to illegal encroachment, including 937 identified illegal structures on forestlands and wetlands, and 102 illegal structures on areas already classified as easements, and that wetland disappearance increases flooding.
  • The proclamation states that beach erosion is prevalent, citing erosion up to 40 meters over the past 20 years from 1993 to 2003, linked to storms, sand extraction along the beach for foreshore construction, and wastewater discharge affecting coral reefs and seagrass meadows.
  • The proclamation states that studies reported frequent algal bloom and coral deterioration from direct wastewater discharge near shore, which may reduce sediment sources and contribute to erosion.
  • The proclamation states that Boracay had 18,082 tourists in a day and that tourist arrivals increased by more than 160% from 2012 to 2017.
  • The proclamation characterizes the continuing rise in tourist arrivals together with insufficient sewer and waste management and environmental violations as aggravating environmental degradation and ecosystem imbalance, resulting in major damage and disruption of daily life.

Declared State of Calamity

  • Proclamation No. 475 declares a State of Calamity in the barangays of Balabag, Manoc-Manoc and Yapak in the Municipality of Malay, Aklan.
  • Government agencies must treat Boracay’s condition as requiring remedial measures aligned with disaster risk reduction and management requirements.
  • The State of Calamity continues until lifted by the President, even after the closure period ends.

Six-month tourism closure rules

  • Proclamation No. 475 orders the temporary closure of Boracay Island as a tourist destination for six (6) months beginning 26 April 2018, ending 25 October 2018, unless otherwise lifted or superseded in a lawful manner.
  • The closure is enforced subject to applicable laws, rules, regulations, and jurisprudence.
  • The Municipality of Malay, Aklan must ensure that no tourist is allowed entry to the island until the closure has been lifted by the President.
  • All departments and other concerned government agencies must implement and execute the closure and rehabilitation works in accordance with pertinent operational plans and directives, including the Boracay Action Plan.
  • The proclamation directs all relevant public entities, including government-owned or controlled corporations and affected local government units, to carry out the closure and rehabilitation works.

Government response, coordination, and relief

  • Agencies must undertake remedial measures during the State of Calamity as provided in Republic Act No. 10121 and other applicable laws, rules, and regulations.
  • The proclamation directs measures including control of the prices of basic goods and commodities for the affected areas.
  • The proclamation allows employment of negotiated procurement and use of appropriate funds, including the National Disaster Risk Reduction and Management Fund, for relief and rehabilitation efforts.
  • All departments and concerned agencies must coordinate with and provide or augment basic services and facilities of affected local government units if necessary.
  • The proclamation directs relevant law enforcement bodies to implement the closure lawfully, while maintaining peace and order.

Law enforcement, peace and order

  • The Philippine National Police and the Philippine Coast Guard must implement the closure and ensure peace and order in the area.
  • Other law enforcement agencies, with support of the Armed Forces of the Philippines, must act with restraint and within the bounds of the law in enforcing the closure.

Compliance directives to affected stakeholders

  • The proclamation urges tourists, residents, and establishment owners to act within the bounds of the law and to comply with directives for rehabilitation and restoration of the ecological balance of Boracay.
  • The proclamation frames ecological restoration as benefiting all concerned parties.

Repeal, separability, and transitory effects

  • The proclamation is effective for closure through 25 October 2018 and for calamity status until lifted by the President, while continuing rehabilitation directives and inter-agency enforcement during that period.
  • The proclamation directs implementation through operational plans and directives, including the Boracay Action Plan, for the period of effect described above.

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