SP Aklan Urged PBBM to Intervene and Defend the CLOA of Boracay Ati’s

By: Nicolas Evan G. Fuentes

KALIBO, Aklan- On its 58th Regular Session, the 19th Sangguniang Panlalawigan of Aklan, under the stewardship of its Regular Presiding Officer and Vice Governor, Atty. Reynaldo M. Quimpo, passed a resolution, entitled: “A Resolution Requesting His Excellency President Ferdinand R. Marcos, Jr., To Intervene And Defend The Integrity Of The Certificate Of Land Ownership Awards (CLOA) Issued By Then President Rodrigo R. Duterte To The Forty-Four Beneficiaries Belonging To The Ati Tribal Community In Boracay Island, Malay, Aklan.”

On November 8, 2018, then President Rodrigo R. Duterte led the distribution of Certificates of Land Ownership Awards (CLOA) to 44 individuals belonging to the Aklan’s indigenous people of Boracay Island at Barangay Manoc Manoc Covered Court, Boracay Island, Malay, Aklan.

A CLOA is a tenurial instrument showing ownership of the land granted or awarded to the beneficiary by the Department of Agrarian Reform (DAR). It prohibits the sale or lease of the land for at least ten (10) years. A CLOA is distributed to the occupants of a land by virtue of the land reform law.

During the August 7, 2023 Regular Session of the 19th SP Aklan, Hon. Jay E. Tejada, Chairman of the Committee on Senior Citizens, Persons with Disabilities and Indigenous People, proposed a legislative inquiry to look into the veracity of a report relative to the impending cancellation of Certificates of Land Ownership Awards (CLOA) previously granted to forty-four (44) individuals belonging to the Aklan’s indigenous people in the Island of Boracay. The proposal was subsequently referred by the plenary to the Committee on Senior Citizens, Persons with Disabilities and Indigenous People, the Committee on Laws, Rules and Ordinances, the Committee on Agriculture and Aquatic Resources, and the Committee on Tourism, Arts and Culture.

On September 5, 2023, the aforementioned committees conducted a joint legislative inquiry attended by representatives from the regional, provincial and municipal offices of the Department of Agrarian Reform (DAR), representatives of the Ati tribal families in Boracay, and other stakeholders.

During the legislative inquiry, DAR Regional Office VI Director Atty. Sheila B. Enciso apprised the committees that her office had received protests from claimants of Lot Nos. 6574, 6359-A, 6546, 7637, and 7161 against the awarding of the CLOA to the Ati tribal beneficiaries.
The protest filed by the claimant of Lot No. 7161 was denied by the DARRO VI and the claimant had subsequently appealed to the DAR Central Office for possible reversal of the denial of the petition at the regional office while the protests in relation to Lot Nos. 6574, 6359-A, 6546, and 7637 were granted by the DARRO VI after the claimants presented certification from the Department of Agriculture Central Office – Bureau of Soils and Water Management (DA-BSWM) indicating that the soil in the aforementioned four lots are not suitable for agriculture.
During the same legislative inquiry, members of the Ati Tribal beneficiary manifested that they have successfully cultivated the land and has produced vegetables and other crops which they are selling to hotels, contrary to the certification of the DA-BSWM. Subsequent Motions for Reconsiderations by the Ati tribal beneficiaries were denied by the DARRO VI, elevating the issue to the DAR Central Office for disposition.

The 19th Sangguniang Panlalawigan of Aklan expressed its position that national government agencies, DAR particularly, are duty bound to protect the integrity and sanctity of the CLOA issued to the landless beneficiaries and that DAR must provide the legal services to the Ati beneficiaries. It also pointed out that there is a need for the national government to intervene and defend the integrity of the CLOA because a favorable resolution towards the claimants of the awarded lands will set a precedent and open the other awarded CLOA to protests and petition, putting the viability of the program at risk.

The 19th Sangguniang Panlalawigan of Aklan also conveyed its position that it is one with the national government in ensuring the survival and sustainability of agrarian reform special programs, like the CLOA, intended for the benefit of the underprivileged members of the society.

The committee hearing/legislative inquiry was attended by Atty Shiela B. Enciso, Regional Director of Department of Agrarian Reform Regional Office VI (DARRO VI); Atty. Geony P. Licera, Attorney V of DARRO VI; Ms. Ma. Teresa C. Valencia, OIC-PARPO II of DAR Provincial Office Aklan (DARPO Aklan); Mr. John V. Bustamante, MARPO of DAR Municipal Office (DARMO) Cluster 4 – Ibajay; Ms. Hyacinth G. Obsequio, ARPO II of DARRO VI; Atty. Jose Rowell Declaro, Attorney V of DARPO Aklan; Mr. Dominador M. Briones, SARPO of DARPO Aklan; Ms. Gemma Teresa P. Mateo, Municipal Assessor of LGU-Malay; Ms. Maria F. Tamboon, Ati Community Representative from Boracay Island; Ms. Romalyn Supetran, Ati Community Representative from Boracay Island; Sr. Inah Alyssa A. Ellana, DC, and Sr. Elvira M. Oliamot, DC, Indigenous People Community Workers from Boracay Island; and Mr. Odon S. Bandiola, SP Consultant.