Legal basis and related issuances
- Presidential Decree No. 564 (PD 564) provides the PTA’s purposes and grants its zoning and regulatory functions within tourist zones.
- Section 5(D) of PD 564 vests PTA with functions and power of zoning regulation, enterprise determination and regulation, ecological preservation and maintenance, and preservation/restoration of tourism attractions.
- Proclamation No. 1801 dated November 10, 1978 declared Boracay Island, Aklan as a tourist zone under PTA administration and control pursuant to PD 564, Section 5(D).
- Executive Order No. 377 (series of 2004) authorized an Eminent Persons Group to oversee the Sustainable Development of Boracay Tourism.
- The order also invokes the constitutional principle of devolution by stating that coordination with local government may satisfy the coordination contemplated under PD 564, Section 5(D).
Policy and declared intent
- The order affirms the government policy to promote fast-growing industries like tourism, where high-value jobs are most plentiful.
- The order emphasizes Boracay’s global tourism significance by noting it has been declared the “beach in the world” three times by Conde Nast Traveler.
- The order situates its mandate within the framework for the sustainable development of Boracay tourism and the governance mechanisms created under PD 564 and Executive Order No. 377 (series of 2004).
Coverage: what the mandate governs
- The order governs administration and control over Boracay Island through the PTA.
- The order applies specifically to the tourist zone status of Boracay Island, Aklan under Proclamation No. 1801 and the regulatory framework of PD 564.
- The order requires implementation by PTA through the Group Secretary of the Eminent Persons Group.
- The order requires coordination with the Provincial Government of Aklan.
PTA administration and control duties
- The order mandates the PTA to exercise administration and control over Boracay Island pursuant to PD 564, Section 5(D).
- Under PD 564, Section 5(D) as invoked by the order, PTA’s zoning regulation authority covers:
- Formulation and implementation of zoning regulations, including building codes and hotel standards and other restrictions needed for orderly development.
- Preservation of historical, cultural and/or nature assets or relics that give the zone its tourism value and significance.
- Assuring adherence to approved zone development plans.
- Under PD 564, Section 5(D) as invoked by the order, PTA must determine and regulate zone enterprises to be established within the tourist zone.
- Under PD 564, Section 5(D) as invoked by the order, PTA must ensure ecological preservation, maintenance, and/or rehabilitation of common and public areas within the tourist zone and its environment, including controlling beach erosion and pollution to preserve aspects giving the zone its tourism value.
- Under PD 564, Section 5(D) as invoked by the order, PTA must support preservation and restoration of tourism attractions by:
- Identifying and recommending to the President the preservation and/or restoration of national monuments or preserves.
- Arranging for preservation and/or restoration with appropriate government agencies, the private sector, or the owners of tourism attractions.
- Identifying and recommending to appropriate authorities the declaration of tourist areas and attractions as national monuments and preserves.
Coordination, governance structure, and revocation rule
- The PTA must carry out its mandated administration and control through the Group Secretary of the Eminent Persons Group.
- Implementation must occur in coordination with the Provincial Government of Aklan.
- The order states that, consistent with devolution, the coordination contemplated under PD 564, Section 5(D) may be carried out with the local government.
- The order provides that all proclamations or executive orders inconsistent with its directives are revoked or modified accordingly.