Title
Amendment on Leasing Foreshore and Waters
Law
Act No. 2570.
Decision Date
Feb 4, 1916
Act No. 2570 amends Act No. 1654 to allow for the lease of portions of the foreshore or lands under water in the Philippine Islands for the purpose of erecting structures, and authorizes contracts with municipalities or provinces to fill in lands near the foreshore.

Questions (Act No. 2570.)

Act No. 2570 amends Sections 5 and 9 of Act No. 1654 (entitled “An Act to provide for the leasing of reclaimed land for commercial purposes, for the leasing of the foreshore and lands under water, and to regulate the construction of bridges over navigable waterways”).

The lessee may erect and maintain wharves, docks, piers, marine railways, or other appropriate structures, or make other beneficial use as specified in the lease.

The Governor-General may designate and specify such portions upon receipt of applications and upon the recommendation of the Secretary of Commerce and Police.

The Government must give notice by public advertisement that applications have been made and that the Government will lease the specified portion of the foreshore or land under water for the specified purpose.

The term may not exceed ninety-nine (99) years.

The lease/use remains subject to all vested rights or easements of owners of lands adjacent to such foreshore or lands under water.

Permission to use any portion of the foreshore or land under water in the Philippine Islands for any lawful private purpose may be granted by the Secretary of Commerce and Police with the approval of the Governor-General.

The licensee may be required to pay a reasonable fee fixed by the Secretary of Commerce and Police.

It may be revoked at any time whenever, in the opinion of the Secretary of Commerce and Police, the public interests so require.

Within sixty (60) days from receipt of notice of revocation, the licensee must remove all materials placed or used on the foreshore or land under water under the permission.

The Secretary of Commerce and Police may cause the removal themselves, and the expenses of removal shall be a proper charge against the licensee.

It authorizes the Director of Public Works, under the direction of the Secretary of Commerce and Police, to enter into contracts with municipalities or provinces to fill in lands not of private ownership situate on or near the foreshore.

Lands not of private ownership situate on or near the foreshore and not necessary for navigation or commerce.

The municipalities or provinces concerned pay for the improvements at their expense. After being improved, the land is subject to disposal by and control of the same provinces or municipalities (as the case may be) that paid for the improvements.

Use is subject to (1) vested rights or easements of adjacent owners, and for filling-in operations, the lands must be not of private ownership and not necessary for navigation or commerce.

It shall take effect on its passage.


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