Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2004-24)
Foreshore lands are defined as the part of the shore which is alternately covered and uncovered by the ebb and flow of the tide.
Any Filipino citizen of legal age and corporations, associations or partnerships duly constituted and organized under Philippine laws with at least 60% Filipino ownership may apply.
The Foreshore Lease Agreement shall be for a period of 25 years and is renewable for another 25 years at the lessor's option.
Grounds for cancellation include any violation of provisions under C.A. 141 as amended and non-payment of annual lease rental for two consecutive years.
Applicants must submit the application form under oath, naturalization certificate if applicable, articles of incorporation and SEC registration, board resolution authorizing application, approved land plan and technical description, certifications from relevant agencies about public use, and a development plan.
The riparian owner, who owns property adjoining the foreshore lands, has preference to apply within 60 days upon receipt of notice of preferential rights for lands adjoining their property.
The process includes filing and acceptance (1 day), investigation and inspection (1 day), preliminary investigation report (7 days), appraisal report (5 days), approval and authority for public bidding (varies from 3 to 10 days), publication of lease notice (45 days), public bidding (2 days), issuance of award and agreement preparation (3 days), signing and approval (varies from 3 to 15 days), and notarization and transmittal (1 day).
Conditions include prohibitions on assignment or subletting without consent, prohibition on removal of timber and minerals except as provided by law, compliance with environmental regulations, timely payment of lease rental, adherence to the approved development plan, exclusion of the salvage zone, and no rights for reclamation works.
Appraisal and reappraisal must be conducted every 10 years from the date of lease approval or immediately if new improvements are made before the tenth year.
All buildings and permanent improvements made by the lessee or their successors will accrue to the government upon expiration or cancellation of the lease.