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.
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Establishment and Role of the Inter-Agency Task Force

  • The Task Force includes the DENR, DILG, and DOT.
  • Responsible for evaluating Boracay's environmental condition and investigating violations of environmental and health laws.

Environmental Findings Leading to the Declaration

  • High fecal coliform levels (average 18,000 MPN/100ml) exceed the acceptable standard of 400 MPN/100ml due to inadequate sewer infrastructure and illegal wastewater discharge.
  • Majority of establishments and residences are not connected to proper sewerage systems.
  • Only 14 of 51 establishments comply with the Philippine Clean Water Act requirements.
  • Significant coral reef degradation noted (approx. 70.5% loss from 1988 to 2011), correlating with increased tourism.
  • Waste generation vastly exceeds local government hauling capacity, leading to daily accumulation of approximately 85 tons of unmanaged solid waste.
  • Destruction of natural habitats including Puka shells, marine turtle nesting grounds, and fruit bat roosting areas.
  • Only 4 of 9 wetlands remain due to illegal encroachment and construction of 1,039 illegal structures on forestlands, wetlands, and easements.

Reports from the Department of Science and Technology (DOST)

  • Beach erosion at West Beach is severe, losing up to 40 meters between 1993–2003 caused by storms, sand extraction, and wastewater discharge.
  • Wastewater discharge near shore has caused algal blooms and coral deterioration, impacting sediment supply and increasing erosion.

Impact of Tourism and Insufficient Infrastructure

  • Tourist arrivals surged by over 160% from 2012 to 2017, reaching 18,082 visitors per day.
  • Rising tourism combined with poor sewer and waste management exacerbates environmental degradation and disrupts local life.

Legal and Regulatory Framework Invoked

  • RA No. 9275 requires designation of non-attainment areas for water pollution and mandates programs to reduce pollutants.
  • DENR must coordinate pollution control and water quality upgrading efforts.
  • Local governments are tasked with contingency planning and protective measures.
  • Proclamation No. 1064 classifies Boracay land into forest reserve and alienable/disposable agricultural land.
  • Regalian Doctrine confirms state ownership of Boracay land except for valid private titles.

Rationale for the Declaration of State of Calamity and Temporary Closure

  • RA No. 10121 (Philippine Disaster Risk Reduction and Management Act) supports the declaration for public safety and health, and to facilitate rehabilitation.

Proclamation Details

  • Declared State of Calamity covers the barangays of Balabag, Manoc-Manoc, and Yapak in Boracay.
  • Temporary closure of Boracay Island as a tourist destination for six months starting April 26, 2018, to October 25, 2018.

Government Actions During State of Calamity

  • Implementation of remedial measures including price control, negotiated procurement, and use of disaster funds for relief and rehabilitation.
  • Coordination among departments and agencies to augment services and facilities of affected local units.

Enforcement and Law Compliance Directives

  • All government bodies and LGUs must enforce closure and rehabilitation plans according to operational directives including the Boracay Action Plan.
  • Philippine National Police, Coast Guard, and Armed Forces ordered to implement closure with restraint and uphold law and order.
  • Municipality of Malay tasked with enforcing the ban on tourist entry until official lifting of closure.

Public Appeal for Cooperation

  • Tourists, residents, and establishment owners are urged to comply with laws and directives for ecological restoration.
  • Emphasis on collective effort for sustainable rehabilitation benefitting all stakeholders.

Duration and Continuity of the State of Calamity

  • The State of Calamity remains effective until formally lifted by the President, irrespective of the six-month closure period.

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