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DEFINITIONS

FORESHORE - a string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm.

(Section 4 [48] of Republic Act No. 8550 The Philippine Fisheries Code of 1998)

- Refers to that part of the shore, which is alternately covered and uncovered by the ebb and flow of the tide.
(DENR Administrative Order No. 2004-24, August 24, 2004)

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POWER & FUNCTIONS

DENR
TO EXERCISE EXCLUSIVE JURISDICTION OF THE MANAGEMENT & DISPOSITION OF ALL LANDS OF PUBLIC DOMAIN AND SHALL CONTINUE TO BE THE SOLE AGENCY RESPONSIBLE FOR CLASSIFICATION, SUB-CLASSIFICATION, SURVEYING & TITLING OF LANDS IN CONSULTATION WITH APPROPRIATE AGENCIES.
(EXECUTIVE ORDER 192, JUNE 10, 1987)

DIRECTOR OF LANDS
SHALL HAVE DIRECT EXECUTIVE CONTROL OF THE SURVEY, CLASSIFICATION, LEASE, SALE OR ANY OTHER FORM OF CONCESSION OR DISPOSITION AND MANAGEMENT OF THE LANDS OF THE PUBLIC DOMAIN….
(PUBLIC LAND ACT, CA 141 AS AMENDED, NOV. 7, 1936)

Supreme Court Decision (G.R. No. 133250, July 9, 2002) – asserting that the “DENR exercises supervision and control over A&D public lands”
- and that the DENR also “exercises exclusive jurisdiction on the management & disposition of all lands of the public domain”.

Regulatory Jurisdictions of each Agency over Foreshore Areas

  • DENR – over the survey and management of alienable and disposable public land, issuance of leases and permits & over matters of forestry, mining and environmental concerns (C.A. 141/EO 192)
  • DPWH – over cases involving construction and  developments along foreshore areas.(C.A. 141, Sec.66)
  • PPA – issuance of permit regarding construction of pier/port. (PD No. 857, Dec. 23, 1975)
  • BFAR – issues or cancels Fishpond Lease Agreements (Fisheries Code of 1998)
  • PEA –  (now known as PRA) responsible over activities pertaining to  reclamation. (E.O. 525 & 654)
  • DOT – responsible over the development  of an area as a tourism zone and marine reserves. (LGC 81, June 4, 1981)
  • LGU – regulate the use such as constructions and building activities covered by ordinances. Prepare comprehensive land use plan.(LGC 57, August 10, 1979 & R.A. 7160)
  • HLURB – promulgates zoning and land use         standards & guidelines governing land use            plans and zoning ordinances of LGUs.(E.O. 648 & 72, R.A. 7279) 

FORESHORE LAND DISPOSITION

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(part of the shore), foreshore land or permanently underwater land depending on the limitations as certified by PPA, PEA (now PRA),DOT 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.

ACTIVITIES PERFORMED BY THE DENR IN THE FORESHORE AREAS

  •    Survey and mapping of foreshore land
  •    Investigation of such areas being applied for
  •    Acceptance and Processing of applications
  •    Appraisal and Re-appraisal of land and its   improvements
  •    Award of Leases & Execution of      Contracts or  Permits
  •    Monitoring and Evaluation
  •    Policy Formulation and Implementation     

DENR DIRECTIVES:

  •   COMPLETION OF SURVEY & MAPPING OF FORESHORE  AREAS
  •   INVENTORY OF EXPIRED / ABANDONED FLAs/MLAs
  •   MONITORING & EVALUATION

            a. Compliance by the Lessee in the Conditions of Contracts/Permits issued

            b. Influx of informal settlers in the foreshore areas

            c.  Regular payment  of rental fees

            d.  Environmental degradation          

  • PREPARATION OF MASTERPLAN/DEVELOPMENT PLAN OF THE FORESHORE AREAS

 

Policy Related

Lease

Lease is a privilege granted by the State to a person, private  corporation,  association or  partnership, to occupy and possess, in consideration of specified rental/fee, any land of the public/private domain (including its improvement) in order to undertake any authorized activity therein.

Lease of Lands of the Public Domain

1. Agricultural Public Lands under Chapter VI (For Agricultural Purposes)

2. Non-agricultural Public Lands under Chapter IX (For Residential, Commercial and Industrial Purposes)

  • Reclaimed lands
  • Foreshore lands
  • Marshy lands

Q:        What is a Lease Application?

A:         It is a type of application for the lease of alienable and disposable lands of the public domain and patrimonial property of the government disposable for agricultural purposes under the existing law.

Q:        Who may Qualify to Apply?

A:         a.) Any   Filipino  citizen  of  lawful age, if not of  lawful age, the head of the family;

            b.) Private  corporation,  association or  partnership  duly  constituted under the laws of  the  Philippines  at  least  sixty  per  centum (60%) of whose capital is owned by such citizens.

Q:        What is the Term of Lease?

A:         Under the 1973 and 1987 Constitutions, any individual may lease not more than 500 hectares & corporation/association/partnership not more than 1000 hectares.

            The term of lease will be for a period of twenty five years and renewable for not more than twenty five years at the option of the government.

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