PROPERTY POINT: Salvage Zones Utilization

Client wants to know if it can utilize an area constituting a salvage zone.

Under Article 51 of the Presidential Decree No. 1067, otherwise known as “The Water Code of the Philippines”, Salvage Zone is defined as “the zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind”.

The Philippine Ports Authority has jurisdiction over all shorelines or salvage zones. It cannot, however, grant an exemption for the individual personal use of the shoreline. Based on our representation with the Department of Environment and Natural Resources (DENR), we learned that the available option is for client to file a Foreshore Land Application.
By definition, Foreshore land is “that part of the land immediately in front of the shore; that part which is between the high and the low water marks and alternately covered with water or left dry by the flux or reflux of the tide.” Thus, a foreshore could be the twenty (20) meters of salvage zone in agricultural areas.

Under the 1973 and 1987 Constitutions, an individual may lease not more than 500 hectares and a corporation may lease not more than 1000 hectares. The term of a foreshore lease is twenty-five (25) years renewable for another 25 years. Like any other public land applications, foreshore lease applications should be filed at the DENR-Community Environment and Natural Resources Office within whose jurisdiction the land applied for is located.

Section 13 of the DENR Administrative Order No. 99-34 provides the procedure for applying for the Foreshore Lease.

1. Filing of the application with the CENRO;
2. Preliminary Investigation and Appraisal;
3. Survey of the Land;
4. Recommendation to the official concerned for the approval of the appraisal and request for the authority to lease the land through bidding;
5. Approval of Appraisal and grant of Authority to Lease the land through bidding;
6. Payment of the publication expense if the appraise value of the land exceeds P240.00;
7. Publication of the Notice of right to lease the land;
8. Public auction and submission of report of bidding;
9. Order of Award;
10. Preparation of the Lease Contract;
11. Letter to the Applicant enclosing copy of the Lease contract for signature;
12. Letter forwarding the lease contract to official concerned for his approval and notarization;
13. Letter transmitting to applicant the approved Lease Contract.