CONCEPT & POLICIES ON FORESHORE

AND DIFFERENT TYPES OF

APPLICATIONS

Presented by:
VIVIAN B.ESCOTO
DMO III
SITUATIONER
The Philippines is composed of 7,107 islands, and with
the coastline of approximately 17,462km. long.

Almost 60% of the country’s total population

resides in the coastal zone.

About 70% of the total municipalities & cities are

located in the coastal zone

1997, Guidebook on Sustainable Coastal Land

Use Planning & Management , Volume II
Of the six provinces of Bicol
Region, 2207 kilometers is
estimated as its shoreline with
approximately 5483 hectares as
foreshore area.

Source: Partial data from DENR, LMS-

Regional Office and Municipal
Coastal Database 2000
COMMON ISSUES & PROBLEMS WHICH AFFECT
THE FORESHORE AREAS

• ILLEGAL RECLAMATION/SAND
MINING

• INSTITUTIONAL ISSUE

• LACK OF FUNDS & HUMAN

RESOURCES REQUIREMENTS TO
IMPLEMENT THE PROJECT
PROPERLY.

• LACK OF SUFFICIENT BASELINE

INFO/DATA
• ENVIRONMENTAL POLLUTION
• LACK OF ACCESSIBILITY TO THE
AREA
• INFORMAL
OCCUPATION/SQUATTING
• MONITORING AND COMPLIANCE
(WEAK ENFORCEMENT OF
POLICIES &
CONTRACTS/PERMITS)
• TITLED FORESHORE AREAS
DIFFERENT TYPES OF APPLICATIONS
ON FORESHORE
 That part of the land
adjacent to the sea, which is
alternately covered and left
dry by the Ordinary Flow of
the Tides. (The Law on Public
Land Conflicts in the Phils. By
Refers to that part of the Alfonso S. Borja)
shore which is alternately
covered and uncovered by
the ebb and flow of the
tide (DAO 99-34, S-1999)
 shoreline 15 kms

High tide Municipal Waters

Property Line
Highest tide

Low tide

Salvage zone (20 m.)

foreshore
Easement of coast
police (6 m.)
COMMON USES OF
COMMON FORESHORE LANDS
COMMON USES OF FORESHORELANDS
USES OF FORESHORE LANDS

• wharves, piers, ports, docking or dockyard

• fish canneries, ice plants, warehouses, fixed

industrial machineries & other related
structures

• beach resorts, including hotels, rest

houses, restaurants
 COMMON
COMMONUSES
• residential, USESOF
OFFORESHORE
commercial & industrialLANDS
FORESHORE estates
LANDS
developed by cities, municipalities, lately by
PRA (reclamation)

• fishponds in bays along the shores of

navigable lakes & rivers

• drying of copra, fishes & fishnets

• bathing, plantation, hydropower

• Etc.
Marshy Land - A wetland whose soil is denominated by water and whose
vegetation is dominated by grasses or sedges.
Foreshore Lease Agreement (FLA) - is an agreement executed by
and between the DENR and the applicant to occupy, develop,
utilize, and manage the foreshore lands. It may also cover marshy
lands covered with water bordering upon the shores or banks of
navigable lakes or rivers.

Riparian Owner - owner of the property adjoining foreshore lands,

marshy lands of lands covered with water bordering upon shores or
banks of navigable lakes or rivers; it embraces not only owner of
lands on the banks of rivers but also the littoral owners, or the
owners of lands bordering the shore of the sea or lake or other tidal
waters. (Lands General Circular No. 37 dated February 7, 1978)
Salvage Zone - lands measuring twenty (20) meters measured
landward form the interior limit of the shoreline for easement
purposes.

shoreline 15 kms

High tide Municipal Waters

Property Line
Highest tide

Salvage zone Low tide

(20 m.)
foreshore
Easement of coast
police (6 m.)
WHO MAY APPLY?
a. Any Filipino citizen of legal age;
b. Corporation, association or partnership duly constituted and
organized under laws of the Philippines; at least sixty percent
(60%) of the capital is owned by Filipino citizens.

AREA LIMITS?
Under the 1973 and 1987 Constitutions, any individual may lease
not more than 500 hectares & corporation/association/partnership
not more than 1000 hectares
 PRIVILEGE OF RIPARIAN OWNER

a.Preferential right to apply

b.Within sixty (60) days upon receipt of
“notice of preferential rights” for such
land adjoining his property.
 TRANSFER OF RIGHTS
AT ANY TIME THE APPLICANT DIES, OR CANNOT CONTINUE
THROUGH NO FAULT OF HIS/HER OWN HE SHALL BE
SUCCEEDED IN HIS/HER RIGHTS BY HIS/HER SUCCESSORS-
IN-INTEREST AFTER COMPLIANCE OF CERTAIN
REQUIREMENTS (Sec. 7)

1. AFTER THE ISSUANCE OF THE ORDER OF THE AWARD;

2. DURING THE LIFE OF THE LEASE; OR

3. WHILE THE APPLICANT STILL HAS OBLIGATIONS PENDING

TOWARDS THE GOVERNMENT.
 FORESHORE LAND DISPOSITIONS
(TYPES OF APPLICATIONS)

Foreshore Lease Application – the type

of application covering foreshore lands, marshy
lands and other lands bordering bodies of water
for commercial, industrial or other productive
purposes other than agriculture.
Miscellaneous Lease
Application – the type of
application covering either
a combination of dry land,
foreshore land or
permanently underwater
land depending on the
limitations as certified by
PPA, PTA and DPWH.
Provisional
Permit – a permit
used for the
temporary occupation
and use of a tract of
land covered by a
prescribed public land
application
Revocable Permit – a
permit used for the
temporary occupation and
use of a tract of land not
covered by a regular public
land application.
 SUPPORTING DOCUMENTS FOR THE APPLICATION

a. If naturalized Filipino citizen, copy of his certificate of naturalization

b. In case of corporation, association or partnership:
b.1. Articles of Incorporation & Certificate of Registration from
SEC
b.2. Three copies of Board Resolution authorizing the President
or any representative to apply for FLA
c. If applicant uses a name, style or trade name, other than his/its true name,
three copies of Certificate of Registration of such name, style or
trade name from the DTI & SEC
d. Approved plan & technical description of the land applied for
e. Certification from the regional heads,
whenever applicable, of the ff. agencies/offices
having jurisdiction over the area that the land
applied for is not needed for public use:
e.1. DOT
e.2. PPA
e.3. Mun./District/City Engineer’s Office with
the
concurrence of the Regional Director of DPWH
e.4. PRA
f. Development plan of the area stating the
financial and technical capability of the
applicant to undertake the project
 PROCEDURAL STEPS AND TIMEFRAME
IN PROCESSING APPLICATION
1. Filing and acceptance of application with complete requirements at the
CENRO to include verification of records, numbering, foldering and
recording (1 day)
2. Referral to Land Investigator/Deputy Public Land Inspector for
investigation and ocular inspection (1 day);
3. Conduct of preliminary investigation and submission of report by the
Investigator to the CENR Officer (7 days);

4. Conduct and submission of appraisal report by the CENR Officer to the PENR
Officer, Regional Executive Director (RED), or Secretary, as the case may
be (5 days);
5. Approval of appraisal and grant of authority to conduct public bidding.
 PROCEDURAL STEPS AND TIMEFRAME
IN PROCESSING APPLICATION

6. Publication/posting of the notice of right to lease the land applied for and
submission of proofs of publication by the CERN Officer to the PENR Officer
(45 days)
7. Public bidding and submission of report of bidding of by the CENR Officer to the
PENR Officer (2 days)

8. Issuance of Order of Award and preparation of foreshore lease agreement by the

CENR Officer (3 days);

9. Signing of agreement by the awardee and approval.

10. Notarization and transmittal of approved foreshore lease agreement to the

applicant by the CENR Officer/Records Officer concerned (1 day)
ONE OF THE IMPORTANT CONDITIONS
STIPULATED IN THE FORESHORE LEASE CONTRACT

Construction of improvements –shall

be appropriate only for purposes
which it is applied for;
and that the plan of any building and
other improvements to be erected on
the premises shall first be approved
by the concerned government offices.
All projects introduced by the lessee
shall be subject to the
Environmental Impact Assessment
System.

The lessee shall be required to

follow strictly the
implementation of the approved
development plan.
 The lease shall not give
That in the event during lessee any right to conduct
the existence of the lease any reclamation work within
that the land or portion of or adjoining the area under
it is needed by the his lease.
government for public
interest, the contract may
be cancelled or modified,
upon payment of the
value of improvements if
any, made thereon by the
lessee.
The lease shall not give lessee any right to
conduct any reclamation work within or
adjoining the area under his lease.

 The lessee shall not assign,

encumber or sublet his rights of the
lease without prior consent or
permission issued by the DENR
Secretary (per DAO 2006-01).
Nothing in this section shall be understood or construed to
permit the assignment, encumbrance or subletting of
foreshore lands to persons, or associations/
corporations/partnerships which are not authorized to
lease such lands under CA 141 as amended and other
pertinent laws.
That it shall be the obligation of the lessee to guarantee and
provide the general public free access to, and full use and
enjoyment of, the beach and nearby coastal water.

The salvage zone described herein shall not form part of the
agreement. Further, the lease is subject to easement
reserved by the Law of Waters and to the provisions of
Sections 41, 109, 110, 111, 112, 113 and 114 of CA 141 as
amended.
It is strictly prohibited to remove or dispose any
timber except as provided under PD 705 as
amended, or any stone, oil, coal, salts, or other
minerals or medicinal mineral waters existing
within the leased area.

Violation of these conditions by the lessee shall

cause the forfeiture of his rights stipulated in the
lease agreement and render him liable to
immediate dispossession and suit for damages.
The lessee shall be required to pay the annual lease
rental within fifteen (15) days after receipt of the
approved lease contract for the first year.

Thereafter, said lease rental shall be paid annually

on or before the fifth day of the first month of the
year during the life of the lease and without the
need of notice of demand to pay.
That any violations of the
conditions or provisions
prescribed therein and in
duly issued rules &
regulations of the DENR
may cause the suspension
and order of cessation of all
activities and operations of
the lessee.
SALAMAT PO!
 GOVERNMENT INCOME ON
THE USE OF FORESHORE
LANDS

A. OCCUPATION/PERMIT FEES

LGC No. 58 (August 15, 1979)

provides the occupation fees
(provisional or revocable) shall
be computed at 3% of the
appraised value of the land and
1% for the improvements, re-
appraisable for at 100% increase
of the appraisal.
B. LEASE RENTALS
These are collected when
Foreshore or Miscellaneous
Lease Applications are approved C. GOVERNMENT SHARE ON
and Contract of Lease has been SUBLEASE RENTALS
executed between the DENR and
the applicant.
The Government shall be entitled
to a share of 50% of the sublease
rental in excess of 10% of the
assessed value of structure or
other improvements on the land
leased.
 D. ACCRUED INTEREST ON ARREARS IN
PAYMENT OF OCCUPATION FEES/ LEASE
RENTALS

All sums due and payable to the

Government, except homestead fees,
shall draw simple interest at the rate of
4% per annum from and after the date
in which the debtor shall become
delinquent. (Sec. 117, Public Land Act)
 E. PROCEEDS OF PAYMENT FROM THE
IMPROVEMENTS ON EXPIRED OR CANCELLED
LEASES

Wherein at the expiration of the lease or of any

extension of the same, all improvements made
by the lessee, his heirs, executors,
administrators, successors, or assigns shall
become the property of the Government. (Sec
64e, Public Land Act)
F. PROCEEDS OF SALES OF RECLAIMED
LANDS

The management and disposition

of reclaimed lands has been vested
in the Public Estates Authority
(PEA, now Phil. Reclamation
Authority, PRA) pursuant to E.O.
654 (Feb.16,1981). The
reclamation projects in Manila
Bay and in Cebu City alone are
just some examples that have
yielded billions of pesos to the
Agency already
 JURISDICTION OF DIFFERENT AGENCIES OVER
FORESHORE LANDS

•over the survey and management of

DENR
alienable and disposable public land,
issuances of leases and permits & over
matters of forestry, mining and
environmental concerns (C.A. 141)
 DPWH

•over cases involving

construction and developments
along foreshore areas. (C.A.
141, Sec.66)

•regarding
construction of
PPA
pier/port. (PD No.
857, Dec. 23, 1975)
•over activities pertaining to
reclamation. see Executive Orders 525
& 654)

•over the development of an area as

a tourism zone and marine reserves.
(see LGC 81, dated June 4, 1981)
•over constructions and building
activities covered by ordinances.
(see LGC 57, dated August 10,
1979 & R.A 7160)
The DENR-Land Sector’s activities in foreshore
areas generally consist of the following

a. Surveying of foreshore
land proposed to be
applied for

b. Investigation of such
areas

c. Inventory

d. Acceptance and
processing of
applications