QuestionsQuestions (PPSC BOT CIRCULAR NO. 07, S. 2001, DECEMBER 20, 2001)
It is DENR Administrative Order (DAO) No. 99-21, dated June 11, 1999. It supersedes DAO No. 97-05.
It is based on the strict implementation of provisions of R.A. No. 1273, Section 16(7) and (8) of P.D. No. 705, and Article 51 of P.D. No. 1067.
A strip of forty (40) meters wide starting from the bank on each side of any river or stream found on the land applied for must be demarcated and preserved as permanent timberland.
The applicant/patentee/leaseholder shall not make any clearing thereon or utilize the same for ordinary farming purposes even after patent is issued or a contract lease is executed.
Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five (5) meters wide.
Strips of mangrove or swamplands at least twenty (20) meters wide along shorelines facing oceans, lakes and other bodies of water; and strips of land at least twenty (20) meters facing lakes.
They are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.
Within a zone of three (3) meters in urban areas; twenty (20) meters in agricultural areas; and forty (40) meters in forest areas, along their margins.
They must be surveyed pursuant to Section 1 of R.A. No. 1273: a strip of forty (40) meters wide starting from the banks on each side of any river or stream must be demarcated and preserved as permanent timberland.
Public lands along the banks of rivers and streams and the shores of the seas and lakes throughout their entire length, within the following zones along their margins: three (3) meters in urban areas, twenty (20) meters in agricultural areas, and forty (40) meters in forest areas.
For registration purposes, they must be surveyed according to the Revised Manual of Land Surveying Regulations, but the easement for bank protection of three (3) meters in urban areas and twenty (20) meters in agricultural areas must be marked by dotted lines in the survey plan.
A CENRO investigation must be conducted to ascertain that the survey claimant (or predecessor-in-interest) has been in continuous, open, exclusive, notorious possession of the land since time immemorial.
They shall be returned to the Geodetic Engineer concerned for compliance.
The survey must be amended to conform with the requirements of the cited laws.
The survey of the land shall be made to conform with the requirements under 2.2(a).
The three (3)-meter strip within urban areas must be demarcated and marked on the plan for easement and bank protection; its purpose must be noted in the technical description and annotated in the title.
The three (3)-meter strip in urban areas and the twenty (20)-meter strip in agricultural areas must be demarcated and indicated on the plans using dotted lines.
Segregation of the three (3)-meter wide strip along the banks of rivers or streams must be observed, made part of the open space requirement pursuant to P.D. 1216, and the strip must be preserved and not subject to subsequent subdivision.
It takes effect fifteen (15) days after publication in a newspaper of general circulation.