Legal basis and supersession
- DENR Administrative Order No. 99-21 supersedes DAO No. 97-05.
- DENR Administrative Order No. 99-21 prescribes revised guidelines for strict implementation of R.A. No. 1273, Section 16 of P.D. No. 705 (paragraphs 7 and 8), and Article 51 of P.D. No. 1067.
- DENR Administrative Order No. 99-21 modifies all orders, circulars, official instructions, or parts thereof inconsistent with it.
Purpose and environmental policy
- DENR Administrative Order No. 99-21 requires observance of environmental restrictions to ensure preservation of ecological balance and protection of the environment.
- DENR Administrative Order No. 99-21 is issued in furtherance of the government program of biodiversity preservation.
- DENR Administrative Order No. 99-21 implements the quoted statutory requirements specifically during processing, verification, and approval of isolated and cadastral surveys.
Core protected areas and easements
- R.A. No. 1273 requires an applicant to agree that a 40-meter wide strip starting from the bank on each side of any river or stream found on the land applied for shall be demarcated and preserved as permanent timberland planted exclusively to trees of known economic value.
- R.A. No. 1273 prohibits clearing or utilization of the 40-meter strips for ordinary farming purposes even after patent is issued or after a contract lease is executed in favor of the applicant.
- P.D. No. 705, Section 16(7) requires 20-meter strips along the edge of the normal high waterline of rivers and streams with channels of at least 5 meters wide to be demarcated for forest purposes.
- P.D. No. 705, Section 16(8) requires 20-meter strips of mangrove or swamplands along shorelines facing oceans, lakes, and other bodies of water, and 20-meter strips of land facing lakes.
- P.D. No. 1067, Article 51 subjects the banks of rivers and streams and the shores of the seas throughout their entire length, and within a 3-meter zone in urban areas, 20 meters in agricultural areas, and 40 meters in forest areas, along their margins, to an easement of public use for recreation, navigation, floatage, fishing, and salvage.
Implementation for original surveys
- All concerned must observe the environmental restrictions in processing, verification, and approval of isolated and cadastral surveys consistent with the statutory requirements quoted under R.A. No. 1273, P.D. No. 705, and P.D. No. 1067.
- For Original Surveys—Public Lands, alienable and disposable (A and D) lands of the public domain must be surveyed to demarcate and preserve:
- a 40-meter strip from the banks on each side of any river or stream found on the land as permanent timberland; and
- easement areas along margins subject to public use: 3 meters in urban areas, 20 meters in agricultural areas, and 40 meters in forest areas for recreation, navigation, floatage, fishing, and salvage.
- For Original Surveys—Private Lands, untitled private lands for registration purposes under P.D. No. 1529 must be surveyed under the Revised Manual of Land Surveying Regulations, with the easement for bank protection marked by dotted lines:
- 3 meters in urban areas; and
- 20 meters in agricultural areas.
- Private land survey on original surveys must proceed only after:
- an investigation by the CENRO; and
- a determination that the survey claimant or predecessor-in-interest has been in continuous, open, exclusive, notorious possession since time immemorial.
- The CENRO findings must form part of the supporting documents of the survey returns submitted to the Regional Office for approval.
- For Survey returns submitted to the Regional Office pending approval, if survey returns for verification and approval were submitted without observing Items 2.1.a and 2.1.b, the returns must be returned to the Geodetic Engineer for compliance.
Untitled surveyed areas and judicial titling
- For Untitled surveyed Areas—Covered by Public Land Applications, if lands covered by public land applications are found to have been surveyed not in accordance with the cited laws, the survey must be amended to conform to the cited requirements.
- For Untitled surveyed Areas—Subject to Judicial Land Titling, requests for certified copies of survey plans and technical descriptions for original registration proceedings under P.D. No. 1529 must be issued only after:
- a comment and recommendation of the CENRO that the lands have been in continuous, notorious, and exclusive occupation by the survey claimant or predecessors-in-interest, entitling confirmation of title through judicial proceedings.
- If the CENRO finds the survey claimant is not qualified for judicial confirmation of title, the survey must be made to conform with the requirements under Item 2.2.a.
Survey of titled lands and subdivision rules
- For Survey of Titled Lands—Administratively Titled Lands, the rules under Items 2.1.a and 2.1.b must be observed.
- When administratively titled lands are to be subdivided, consolidated, or “consolidated a subdivided,” the 3-meter strip within urban areas must be:
- demarcated and marked on the plan for easement and bank protection; and
- noted in the technical description and annotated in the title.
- For Survey of Titled Lands—Judicially Titled Lands, when judicially titled lands are subdivided, consolidated, or “consolidated a subdivided,” the 3-meter strip in urban areas and 20-meter strip in agricultural areas must be demarcated and indicated on the plans using dotted lines.
- For Complex Subdivision or Consolidation Subdivision Surveys for Housing/Residential, Commercial or Industrial Purposes, when titled lands are subdivided or “consolidated a subdivided” into lots for residential, commercial, or industrial purposes:
- the segregation of the 3-meter wide strip along the banks of rivers or streams must be observed; and
- the strip must be made part of the open space requirement pursuant to P.D. No. 1216.
- The 3-meter strip in such complex subdivision or consolidation must be preserved and must not be subject to subsequent subdivision.
Modification clause
- DENR Administrative Order No. 99-21 modifies all orders, circulars, official instructions, or parts thereof inconsistent with its provisions.