Foreshore Lease Agreement Guidelines
Most of the developments in the foreland of the city of Lapu-Lapu do not have an off-site lease from the Ministry of Environment and Natural Resources. File photo/CDN Richard Dicdican, head of land management II and head of Cenro`s Licensing, Patents and Deeds Department (LPDU), said the adoption of the regulation will not prevent his office from carrying out its functions, which include issuing pre-country leases. A: This is a type of lease application for alienable and available land of public property and government property available for agricultural purposes under applicable law. Pending the mayor`s actions regarding the approved ordinance, Amores said they are now conducting an assessment and inventory of coastal facilities that do not have pre-country leases. The Ministry of Environment and Natural Resources – Community Bureau of Environment and Natural Resources (DENR-CENRO) will continue to accept applications for forlethole leases, even if an order from the City of Lapu-Lapu requiring a moratorium on applications comes into effect. Other lease application – the type of application that covers either a combination of dry land (part of the shore), foreland or permanent underwater land, according to restrictions certified by PPA, PEA (now PRA), DOT and DPWH. B. Influx of informal settlers into the foreland areas Most investors, he said, were discouraged from pursuing their pre-country lease applications because it was difficult to get favorable approval from City Hall, especially city council members. “The problem is that once they finish building their structures, they would no longer process their pre-country lease application,” he said. The lease period is twenty-five years and may not be extended by more than twenty-five years at the government`s option. Even in the absence of a pre-country lease, most of the plaintiffs built their necessary structures in the three-meter-long easement, in violation of Executive Order 1067 or the Philippine Water Code. He said only 20 facilities have received a pre-country lease from their office, while about 75 applications are still pending, some of which were filed in the 1950s.
These include commercial applications, resorts, jetties, factory buildings and warehouses. Other requirements for the issuance of a pre-country lease are confirmations from the Ministry of Public Works and Highways, the Ministry of Tourism and the Cebu Port Authority. The need to regulate the use of estrans is the reason why members of the Lapu-Lapu City Council passed an ordinance by Councillor Ricardo Amores earlier this month, which provides for a moratorium on the application for forlethole leases and other miscellaneous applications. Dicdican said that once they can submit their application, CENRO will give them a preliminary permit that will allow them to build structures in coastal areas. “More than 50 percent of the facilities that still have demand waiting for our office have already built infrastructure in the pre-country areas and are already operating their business,” he said. Dicdican said his office accepts applications for pre-country leases, which they will later submit to DENR`s headquarters for approval. A: According to the 1973 and 1987 constitutions, each person cannot rent more than 500 hectares and a company/association/partnership cannot rent more than 1000 hectares. Foreshore lease application – the type of application that covers foreshore lands, wetlands and other areas adjacent to water bodies for commercial, industrial or productive purposes other than agriculture. (1) AGRICULTURAL CROWN LANDS REFERRED TO IN CHAPTER VI (FOR AGRICULTURAL PURPOSES) THE DIRECTOR OF LANDS SHALL EXERCISE DIRECT EXECUTIVE CONTROL OVER THE SURVEYING, CLASSIFICATION, LEASING, SALE OR ANY OTHER FORM OF GRANT OR SALE AND MANAGEMENT OF PUBLIC LANDS. (PUBLIC LAND ACT, CA 141 AS AMENDED, NOVEMBER 7, 1936) The regulation would also prohibit these facilities from refusing to inspect the town hall and take water samples from their premises.
If the moratorium is signed by Mayor Paz Radaza, it will prohibit institutions from having exclusive rights to the city`s coastal waters. The Supreme Court decision (G.R. No. 133250, July 9, 2002) – with the assertion that the “DENR exercises supervision and control over the public lands of A&D” – and that the DENR “also exercises exclusive jurisdiction for the administration and disposition of all countries of the public sector”. b.) A private company, association or partnership duly established under the laws of the Philippines is at least sixty percent (60%) of its capital held by these citizens. (Section 4[48] of Republic Act No. 8550 Philippine Fisheries Code of 1998) A: a.) Any major Filipino citizen, if not an adult, head of household; Preliminary permit – a permit used for the temporary occupation and use of a parcel of land covered by a mandatory public land application. The lease is a privilege granted by the state to a person, private entity, association or partnership to occupy and own any public/private sector land (including its improvement), taking into account a certain rent/fee, in order to carry out an authorized activity there. . . refers to the part of the shore alternately covered and discovered by the ebb and flow.
(ADMINISTRATIVE DECREE OF THE DENR No. 2004-24, August 24, 2004) Cenro is stationed at Pier 3 in Cebu City, but its coverage includes the city of Lapu-Lapu. ACTIVITIES CARRIED OUT BY DENR IN COASTAL AREAS In their application, companies must list the different structures or developments implemented in the area for assessment purposes, which also serve as a basis for calculating the fee they will have to pay for this application. ESTRAN – a series of lands that surround a body of water; the part of a marine coastline between the low sea line, which is usually at the edge of the sea from a low terrace, and the upper limit of wave washing at high tide, usually characterized by a beach scarf or berm. One. Compliance with the terms of the contract / permit granted by the tenant TO EXERCISE EXCLUSIVE RESPONSIBILITY FOR THE MANAGEMENT AND SALE OF ALL LAND ACCESSIBLE TO THE PUBLIC AND REMAINS THE SOLE BODY RESPONSIBLE FOR THE CLASSIFICATION, SUBCLASSIFICATION, SURVEYING AND TITLE DEED OF THE LAND IN CONSULTATION WITH THE COMPETENT AUTHORITIES. (EXECUTIVE DECREE 192 OF 10 JUNE 1987) Regulatory responsibilities of each organization above the estranes zones. .