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LOCKED OUT A barbed wire fence surrounds one of the contested Ati lands in Boracay Island Station 3, preventing the community from accessing the area they have long cultivated. —PHOTO COURTESY OF ABATO
Members of the Ati community in Boracay Island, Malay, Aklan, were startled to find part of the land they have long cultivated sealed off by private developers, even as court and administrative proceedings over the property remain unresolved.
The Asosasyon Boracay Ati Tribal Organization (ABATO) said the affected portion in Station 3 was fenced with wire and wooden barriers early Monday, with a locked gate preventing community members from entering.
“Earlier at 8:30 a.m., we were shocked to find a sturdy barricade blocking our land. Boracay Atis could not enter,” ABATO said in a statement.
The contested area forms part of five parcels awarded to the Ati community in 2018 through Certificates of Land Ownership Award (CLOAs) issued by the Department of Agrarian Reform.
Attached to the barricade was a tarpaulin displaying a copy of a Notice of Order dated Jan. 29, 2024. The document, certified as a true copy only on Jan. 7 this year, affirmed a regional resolution canceling one of the granted CLOAs. It was signed by Conrado Estrella III, with Jeco Development Corporation listed as protestant.
Alternative land rejected
ABATO said that in 2024, Estrella had assured the group that alternative government land would be offered. However, the community rejected the proposal after learning the suggested parcels were located in Antique province, far from Boracay.
The group emphasized that the barricade was erected despite the absence of a Notice to Vacate or Writ of Execution, documents typically required to enforce such an order.
“This incident is a continued violation of our rights, and we believe that the ‘rule of law’ is not being followed,” ABATO said in a Facebook post.
Maria Tamboon, one of ABATO’s leaders, said they received a copy of the Notice of Order only on Jan. 23. She and nuns assisting the community visited the property to seek clarification.
“We explained that it was only a Notice [of Order] and not final. Nothing should have happened yet. But our gardener informed us that the land was inaccessible, so we went there with two sisters to clarify, because we had not received finality from DAR,” Tamboon said.
She argued that enforcement should have been carried out by the DAR once all procedures were completed.
“Who enforces the order should be the DAR, not security guards. Why are they leading and acting as law? They should just wait for the courts,” she said, adding that they warned of legal action against the guards, who had concealed their identities.
Following legal advice, ABATO members documented the incident and filed a police blotter.
Livelihood concerns
Tamboon said the affected parcel, identified as CLOA 5, contains gardens where families cultivate bananas, cassava, tubers, papaya and coconuts. Income from these crops, ranging from P500 to P1,000 per harvest, supports their daily needs.
Workers associated with the developers are reportedly allowed to pass through the disputed area. However, Tamboon said, “There’s some discrimination against us there.”
Lawyer Daniel Dinopol, who represents ABATO together with his daughter Kchyrziahshayne Dyñelle, confirmed that a motion for reconsideration was filed via courier on Feb. 4, within the 15-day period allowed by the DAR.
Tracking records show it was received on Feb. 9 by an employee identified as Russel Rosvelio.
Dinopol said the group intends to challenge the CLOA cancellations through all available legal remedies, including elevating the matter to the Supreme Court if necessary.
Attempts to obtain comment from the developers and their counsel were unsuccessful as of Monday.
In a similar 2023 case, the DAR regional office granted cancellation of another CLOA in favor of Anchor Land president Digna Ventura. The Office of the President later affirmed that ruling, prompting ABATO to file a motion for reconsideration.
The dispute remains ongoing as the Ati community presses for protection of land they say is essential to their livelihood and future.