Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 99-34)
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 lawful age or corporations, associations or partnerships duly constituted under Philippine laws with at least 60% Filipino ownership of capital.
The maximum area that may be leased by any person, corporation, association or partnership is 144 hectares.
No, mangrove areas are excluded from the coverage of this order.
The lease contract is for a period of twenty-five years and is renewable for another twenty-five years.
An application form prescribed by DENR sworn to by the applicant, with supporting documents such as proof of Filipino citizenship or ownership, articles of incorporation if a corporation, income tax returns, and written permission if the applicant is a government employee.
The Foreshore Lease Application (FLA) or its renewal must be filed with the Community Environment and Natural Resources Office (CENRO) which has jurisdiction over the area.
Steps include filing at the CENRO, preliminary investigation and appraisal, land survey, approval for bidding, payment of publication expenses if appraised value exceeds P240, publication and posting of notices for six weeks, public auction, payment of user fee, preparation and signing of lease contract, and final approval and notarization.
The annual user fee is not less than 3% of the land value plus 1% of improvements based on appraisal, with re-appraisal every 10 years or immediately if new improvements are introduced.
No, the lessee must obtain prior consent from the PENRO, RED, or the Secretary of DENR; unauthorized assignment, encumbrance or subletting voids the contract.
All buildings and permanent improvements made by the lessee or successors accrue to the DENR, and the NRDC may manage and administer these properties in accordance with the law.