Key Legal Provisions Quoted
- R.A. No. 1273 Section 1 (I): Requires a 40-meter wide strip on each side of rivers/streams be demarcated and preserved as permanent timberland, prohibiting clearing or farming even after land patent or lease.
- P.D. No. 705 Section 16(7) and (8): Mandates 20-meter wide strips along rivers, streams, mangroves, swamplands, and shorelines for forest purposes.
- P.D. No. 1067 Article 51: Establishes public easement zones of 3 meters in urban, 20 meters in agricultural, and 40 meters in forest areas along water bodies for public use (recreation, navigation, fishing, etc.).
Implementation for Original Surveys: Public Lands
- All alienable and disposable lands subject to 40-meter strip demarcation from riverbanks as permanent timberland.
- Public lands along water bodies must also observe public easement zones per P.D. No. 1067.
Implementation for Original Surveys: Private Lands
- Untitled private lands surveyed under P.D. 1529 must mark the public easement strips (3 meters urban, 20 meters agricultural) with dotted lines.
- Surveying to proceed only after CENRO investigation confirming continuous, open, exclusive possession since time immemorial by claimant or predecessors.
- CENRO findings become part of survey supporting documents.
Survey Returns Submission Procedures
- Survey returns not complying with public and private lands requirements shall be returned for correction.
Handling of Untitled Surveyed Areas
- Lands under public land applications found noncompliant must be amended to comply with legal requirements.
- Requests for survey documents used in judicial land titling proceeding issued only after CENRO confirms claimant's eligibility based on possession and occupation.
- Non-qualified claims must be resurveyed to conform to the required standards.
Survey of Titled Lands
- Administratively titled lands subdivided or consolidated must demarcate 3-meter strips in urban areas on survey plans; purpose and easement noted in descriptions and titles.
- Judicially titled lands subdivided or consolidated must mark 3-meter strips (urban) and 20-meter strips (agricultural) with dotted lines.
- For housing, commercial, or industrial developments, the 3-meter strip along water bodies must be preserved as open space per P.D. 1216 and cannot be further subdivided.
Effectivity and Supersession
- This order modifies inconsistent prior orders, circulars, or instructions.
- The order takes effect fifteen days after publication in a newspaper of general circulation.
Authority and Adoption
- Signed and adopted by DENR Secretary Antonio H. Cerilles on June 11, 1999.