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Pursuant to the provisions of the Administrative Code of 1987, Executive Order (EO) No. 192 dated June 10, 1987 or the Reorganization Act of the DENR, EO No. 672 dated October 9, 2007 entitled “Defining and Clarifying the Responsibilities of the Department of Environment and Natural Resources and the Philippine Reclamation Authority in the Approval and Implementation of Reclamation  Projects  Nationwide,”  EO  No.  146  dated November  13,  2013 entitled  “Delegating  to  the  National  Economic  and  Development  Authority (NEDA) Board the Power of the President to Approve Reclamation Projects,” and the ruling of the Supreme Court in the case of “Francisco Chavez vs. Public Estates Authority and Amari Coastal Bay Development Corporation” (384 SCRA 152; July 9, 2002), that the DENR, “as manager, conservator and overseer of the natural   resources   of   the State, exercises   exclusive  jurisdiction  on  the management and disposition of all lands of the public domain”, and hence, “the DENR decides whether areas under water should be reclaimed or not” and, subject to the approval of the President, “whether reclaimed lands should be classified as alienable under Sections 6 and 7 of Commonwealth Act No. 141,” the following guidelines on the issuance of Area Clearance over reclamation projects, as well as of proclamation and special patent over reclaimed lands, are hereby issued for the guidance and compliance of all concerned.


SECTION 1. Declaration of Policy. It is the policy of the State to ensure that development activities shall not compromise the right of the people to an ecologically balanced environment. As such, the State shall ensure that environmental safeguards are in place whenever development projects are undertaken, particularly in activities pertaining to reclamation of foreshore, submerged, and the coastal areas in general.

SECTION  2.   Scope   and  Coverage.   These   guidelines   shall   govern   all applications for reclamation over portions of foreshore and submerged areas that are found suitable and available for reclamation and issuance of special patents, subject to existing DENR rules and regulations. It shall also cover reclaimed lands already existing prior to the effectivity of this Administrative Order. In no case shall Protected Areas be subjected to reclamation.

SECTION 3. Objective. The objective of these guidelines is to prescribe and ensure rational procedures and requirements in the issuance of Area Clearance over proposed reclamation projects, and of proclamation and special patents over reclaimed lands, without compromising the interests of environmental protection and biodiversity conservation, consistent with the principle of sustainable development.

SECTION 4. Definition of Terms. As used in this Order, the following terms shall be construed to mean as follows:

4.1    Area Clearance - a document issued by the DENR Secretary declaring an area suitable for reclamation as defined under this Order.

4.2    Environmental Compliance Certificate (ECC) - the document issued by the DENR/EMB certifying that based on the representations of the proponent, the  proposed project  or  undertaking  will  not  cause  significant environmental impact. The ECC also certifies that the proponent has complied with all the requirements of the EIA System and has committed to implement its approved Environmental Management Plan. The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project, and in some cases, during the project’s abandonment phase to mitigate identified environmental impacts.

4.3    Environmental  Impact  Assessment  (EIA)  -  a  process  that  involves evaluating  and  predicting  the  likely  impacts of  a  project  (including cumulative  impacts)  on  the  environment  during  construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community’s welfare.

4.4    Foreshore  -  the  part  of  the  shore  which  is  alternately  covered  and uncovered by the ebb and flow of the tide.

4.5    Geohazard Identification Report (GIR) - a report prepared by the Mines and Geosciences Bureau (MOB) indicating possible present geohazard in the project site after the conduct of a geohazard identification survey (GIS).

4.6    Land classification - the process of demarcating, segregating, delimiting and establishing the best category, kind, and uses of public lands. Article XII, Section 3 of the 1987 Constitution of the Philippines provides that lands of the public domain are to be classified into agricultural, forest or timber, mineral lands, and national parks.

4.7   Multipartite Monitoring Team (MMT) - an independent entity whose membership represents primarily the stakeholders / public that is intended to assist the DENR in monitoring environmental impacts and compliance with the Philippine EIS System requirements and other environmental laws as a third party entity. The MMT scheme is intended to enhance participation and transparency at the post-ECC issuance stage of the EIS process.

4.8    Prequalification - as defined under this Order, it shall refer to the evaluation of the status of the area such as whether it is covered by existing tenurial contracts or agreements or whether the approval of the application will violate existing laws, proclamations, regulations or local ordinances.

4.9    Proclamation - the official issuance of the President publicly declaring a parcel of reclaimed land as alienable and disposable and open to disposition.

4.10  Protected Areas - identified portions of land and water set aside under the NIPAS system that are closed to reclamation.

4.11  Project Description - the document submitted by the project proponent substantially describing the proposed project particularly those aspects of the project which will likely cause environmental impact.

4.12 Reclamation  -  the  process  of  conversion  by  filling,  dredging,  or  other artificial means of foreshore land or submerged areas into land suitable for use as habitation or for cultivation.

4.13  Site Development Plan - a conceptual or architectural/engineering design lay-out of a proposed reclamation project showing the immediate vicinity and boundaries of the project-site, approximate dimensions of lot/block areas, types of structures to be built, indicative land uses, access roads, coastal protection barriers and other facilities. In case when sourcing of reclamation fill materials shall be from the sea, the indicative site of the borrow/dredgefill pit and its dimensions shall also be part of the Site Development Plan.

4.14  Sketch Plan - a standard plan showing the area, location, configuration, technical description including the metes and bounds of the area being applied for.

4.15  Special Patent - a public instrument issued by the Government confirming the grant by the State of a parcel of public land in favor of the grantee.

4.16  Submerged areas - areas located offshore or inside navigable lakes or rivers that are, at all times, under water.

4.17  Suitability - as defined in this Order, it shall refer to the qualification of the area for reclamation after determining its status, appropriate use, and potential environmental impact including mitigation and enhancement measures.

SECTION 5. Clearance Prior to Conduct of Reclamation Projects. No reclamation project shall be allowed unless an Area Clearance is first secured from the DENR. This clearance, which already includes/covers the ECC or any potential impact to the environment as one of its requirements, shall be effective for five (5) years, and reclamation projects must be implemented or must commence within that period. Otherwise, the permittee must secure an extension of the clearance subject to validation and necessary supporting documents. This is to ensure that the clearance is used for the purpose for which it was issued.

SECTION 6. Qualified Applicants. The following are qualified to apply for an Area Clearance in foreshore and submerged areas, or for issuance of Proclamation and Special Patents over existing reclaimed lands:

6.1 Philippine Reclamation Authority (PRA), formerly Public Estates Authority, created under Presidential Decree No. 1084, as amended; 6.2 Cities, provinces,  and  other  local  government  units  (LGUs)  that  are authorized under the law to undertake reclamation projects; and 6.3 Other government entities or instrumentalities authorized by law to conduct reclamation activities.

Any applicant falling under 6.2 and 6.3 above shall secure prior clearance or favorable indorsement from PRA before applying with DENR.

SECTION 7. Creation and Functions of the Composite Team. Within fifteen (15) days from the approval of this Order, the Regional Executive Director (RED) shall create a Composite Team and its Technical Secretariat through a Regional Special   Order   (RSO).   The   Composite   Team  shall   be composed of   a representative each from the Licenses, Patents and Deeds Division (LPDD), Conservation and Development Division (CDD), Surveys and Mapping Division (SMD), Enforcement Division, Legal Division, technical representatives from the Regional  Offices of  the Mines and Geosciences Bureau (MGB) and Environmental Management Bureau (EMB) and concerned PENR and CENR Offices, as members. The Assistant Regional Director (ARD) for Technical Services shall serve as the Team Leader. In case of unavailability of the ARD, the members shall choose from among themselves the Team Leader. A representative from the NAMRIA, LLDA, and other DENR units/offices, as the case may be, may also be tapped by the Region to join the Composite Team. In the case of DENR-NCR, membership from the MGB shall come from MGB- Region IV-A (CALABARZON).

In case the reclamation project will be located in an area which falls under the jurisdiction of two (2) or more DENR Regional Offices, the DENR Regional Office that has jurisdiction over majority of the project area will be the Lead Office in evaluating and recommending for the approval of the Area Clearance application. The Composite Team shall consist of representation from both the Regional Offices concerned.

The Composite Team has the following tasks:

7.1 To evaluate, review and validate proposed and existing reclamation projects in their respective jurisdiction;

7.2 To conduct field investigation and inspection to ascertain the suitability of the area proposed for reclamation and the appropriate land use of the reclaimed land; and,

7.3 To prepare and submit a report to the RED recommending the issuance or non-issuance of Area Clearance for proposed reclamation projects and proclamation of reclaimed areas.

7.4 To  evaluate,  review  and  validate  proposed  extension of  validity of  Area Clearance.

The Technical Secretariat shall be provided by the LPDD.

CHAPTER II - RULES AND PROCEDURES ON THE ISSUANCE OF AREA CLEARANCE FOR PROPOSED RECLAMATION PROJECTS AND
THE ISSUANCE OF PROCLAMATION AND SPECIAL PATENT THEREON
A.   Rules and Procedures on the Issuance of Area Clearance

SECTION 8. Application Requirements. The following documents shall accompany and be attached to the application for an Area Clearance:

8.1 Project Description, to include the following:

a.   Sketch plan;

b.  Indicative site development plan to state the usage/purpose of the area, including buffer zone, mini-park development, road side tree-
planting or conceptual  development  plan  and  land  use  plan  including  site  of identified sources at appropriate scale indicating relative distance to project;

c.   Description  of  the  reclamation  site  -  Average  depth,  boundaries, immediate vicinity, distance from shoreline, existing road/access/egress and ingress, available infrastructure facilities, utilities, e.g., source of power, water and telecommunication, 5-year LGU infrastructure program which will enhance viability of proposed reclamation;

d.   Valid sources of fill materials;

e.  Reclamation methodology - the procedure/technique in undertaking the activity to include the estimate volume of fill materials, type of materials and sources, containment/retention wall and consolidation of materials;

f.    Estimated   cost   of reclamation   and   land   development   including supporting data (i.e., existing labor force, structure and average cost and available equipment and average cost/rental rates);

g.   Proposed funding/financing of the project;

h.  Proposed project timetable - reclamation, land development and other related activities;

i.    Prevailing market land values of types/uses similar to the proposed land use/s within immediate vicinity duly certified by the local assessor/s and based on Bureau of Internal Revenue (BIR) zonal valuations; and

j.    Other  documents,  data  and  information  pertinent  to  the  proposed reclamation.

8.2 Certification on the status of the area and the land classification of the adjacent land by the CENRO/Implementing PENRO, or by the Region in the case of DENR-NCR;

8.3 Geotagged photos showing the panoramic view of the land and adjoining areas, including existing landmarks and identifying features;

8.4 Sanggunian  Resolution/s  (Municipality/City,  Province)  authorizing  the application for reclamation in case of LGU, or Board of Directors’ Resolution in case of Government corporation. In case the applicant is the provincial LGU,  the  Sangguniang  Resolution  of  the  Municipality/City  where the proposed relocation is located shall be secured, in addition to the Provincial Board Resolution;

8.5 Clearances from concerned government agencies such as PRA (in case applicant is other than PRA), PPA (in areas under its jurisdiction), DOT (in areas declared as tourist zones), BFAR, •DOE (for submarine pipelines and power cable connections), concerned LGU (if the area is within municipal waters   and   the   project   is   not   LGU-initiated,   through  a Sanggunian Resolution), DPWH, and others, whenever necessary; and

8.6 Geohazard Identification Report (GIR) of the area.

SECTION 9. Processing of Application. The following procedures (Annex A*) shall be followed in the processing of application for Area Clearance:

9.1 The application, together with all pertinent documents shall be filed with the Office of the Regional Executive Director (ORED) concerned upon payment of the following non-refundable application fees:

(a) For the first three hectares - P5,000.00
(b) For every succeeding hectare or a fraction thereof - P 1,000.00/ha.

9.2 Upon receipt of the application, the LPDD, serving as the Technical Secretariat, shall conduct a preliminary evaluation of the application to determine the completeness of the supporting documents and the qualifications of the applicant. If the application is found to be in order and the applicant is qualified, the Team shall proceed with the processing of the application;  otherwise  the  RED  shall  immediately  deny  or  reject  the application and inform the applicant;

9.3 The RED shall convene the Composite Team. The Composite Team shall then conduct field assessment / inspection to ascertain the prequalification of the area for reclamation. It shall gather information/data pertinent to the adjoining area of the area applied for, such as Land Classification Map, Municipal Index Map, Cadastral Map, importance of the area for biodiversity conservation,   relevant   laws,   regulations,   local   ordinances  and  other references to facilitate the processing of the application. It shall take geotagged photos of the area on different angles and of its panoramic view, as well as the improvement/s introduced, landmarks, identifying features and settlements, if any;

9.4 The cost of the inspection activity shall be borne by the applicant subject to existing government rules and regulations.

9.5 After  the  inspection,  the  Team  shall  prepare  within  fifteen  (15)  days  a narrative report to be submitted to the RED which shall include, but not limited to, the following:

9.5.1 Area status such as whether it is covered by existing tenurial contracts or agreements or whether the approval of the application will violate existing laws, proclamations, regulations or local ordinances; and, 9.5.2 Statement of findings and recommendations on the results of the pre- qualification for reclaiming the area.

9.6 If in the assessment of the Team, the area subject of application complies with the requirements for pre-qualification, it shall recommend to the RED the issuance of notice to the applicant directing the latter to submit a project description for scoping with the concerned EMB Office. Upon receipt by the EMB of a Notice by the RED, the EIA application process will proceed per existing rules and regulations of PD No. 1586.

The ECC shall form part of the requirements for the Issuance of the Area Clearance.

9.7 Upon issuance of the ECC, the Team shall submit to the RED the application documents together with its recommendation and the draft Area Clearance for final approval and issuance of the Area Clearance.

9.8 The Office of the Secretary shall thereafter transmit the approved Area Clearance, together with its complete records to the RED concerned, who shall be responsible for the transmittal of the duly approved clearance to the applicant and custody of the records.

B.   Rules and Procedures on the Issuance of Proclamation and Special Patent

SECTION   10.   Conduct   and   Approval   of   Reclamation  Survey.  Upon completion of the reclamation, the applicant shall secure Survey Authority from the  CENRO/Implementing  PENRO  concerned  or  the  Region  in  the  case  of DENR-NCR, cause the conduct of the survey of the land and submit the plan to the Regional Office for approval in accordance with existing rules and regulations on the matter.

If the reclaimed area traverses two (2) or more Local Government Units (LGUs), belonging to different CENROs, the PENRO that has jurisdiction over said LGUs shall issue the Survey Authority (SA). On the other hand, if the LGUs belong to more than one Region, the CENRO/Implementing PENRO/ Region in the case of DENR-NCR that has the larger portion of the reclaimed area shall issue the SA, provided that the resultant lots should consider political boundary, hence may result in more than one lot.

SECTION 11. Request for Issuance of Proclamation and Special Patent. The request for issuance of Proclamation declaring the reclaimed land as alienable and disposable and not needed for public purposes, and the request for issuance of Special Patent therefore shall be addressed and filed with the ORED.

SECTION 12. Requirements for the Issuance of Proclamation and Special Patent. The following requirements shall be attached to the request for issuance of Proclamation and/or Special Patent:

12.1   Approved Plan with technical description;

12.2   Geotagged photos showing the panoramic view of the reclaimed land; and,

12.3   A copy of the Area Clearance and other relevant documents.

SECTION 13. Processing of Request. Immediately upon receipt of the request, the RED shall refer it to the Technical Secretariat for preliminary evaluation to ascertain the completeness of the supporting documents. The Composite Team shall then conduct ocular inspection of the land to determine the completeness of the reclamation, the stability of the reclaimed land and its elevation. The cost of inspection shall be borne by the applicant. The Composite Team shall submit its report and recommendation to the RED for approval/disapproval.

The RED shall thereafter refer the request to the LPDD for the preparation of the Complete Staff Work (CSW) and the draft Proclamation. The draft Proclamation shall include a provision authorizing the DENR Secretary to issue a Special Patent over the reclaimed land. The RED shall then forward the application documents including the draft Proclamation to the Secretary for approval and endorsement to the President. Upon the approval and signature of the Proclamation by the President, the DENR Secretary shall issue a Special Patent over the land (Annex C).

SECTION 14. Development Projects/Activities Within Reclaimed Lands. All development projects to be undertaken or introduced within the reclaimed area shall be subject to programmatic Environmental Impact Assessment (EIA) requirements.

CHAPTER III - RULES AND PROCEDURES ON THE ISSUANCE OF PROCLAMATION AND SPECIAL PATENT OVER EXISTING RECLAIMED LANDS
SECTION 15. Issuance of Survey Authority. Upon request of the PRA and after site inspection of the reclaimed area, the CENRO/ Implementing PENRO/ Region in the case of DENR-NCR shall issue a Survey Authority in favor of the applicant.

If the reclaimed area traverses two (2) or more Local Government Units (LGUs) belonging to different CENROs, the PENRO that has jurisdiction over said LGUs shall issue the Survey Authority (SA). On the other hand, if the LGUs belong to more than one Region, the CENRO/Implementing PENRO/ Region in the case of DENR-NCR that has the larger portion of the reclaimed area shall issue the SA, provided that the resultant lots should consider political boundary, hence may result in more than one lot.

In case the applicant is other than PRA such as those qualified applicants falling under Section 6.2 and Section 6.3 hereof, it must secure clearance or favorable indorsement from PRA prior to its request for Survey Authority.

SECTION  16.  Filing  of  Applications.  Applications  for  issuance  of  Special Patent  and  Proclamation  declaring  the  reclaimed  area  as  alienable  and disposable and not needed for public purposes shall be filed with the ORED upon payment of the following non-refundable application fees:

(a)  For the first three hectares – P5,000.00
(b)  For every succeeding hectare or a fraction thereof – P1,000.00/ha.

SECTION 17. Application Requirements. The following shall be attached to the application:

17.1   Approved Survey Plan with technical description;
17.2   Geotagged photos showing the panoramic view of the reclaimed land;
17.3   Clearances from other concerned government agencies;
17.4  Certification  by  the  CENRO/Implementing  PENRO/Region  as  the  case may be regarding the status of
the area and the land classification of the adjacent land;
17.5   Copy of the EIS/ECC as the case may be;
17.6 Sangunian Resolution/s endorsing the issuance of Proclamation / Special Patent  in  case  of  LGU,  or  Board  of  Directors'  Resolution  in  case  of Government corporation; and,
17.7   Narrative history of the reclamation

SECTION 18. Processing of Application. The following procedures (Annex D) shall be observed in the processing of application for issuance of proclamation
and special patent:

18.1  Upon receipt of the application, the Technical Secretariat shall conduct a preliminary evaluation of the application to determine the completeness of the supporting documents and the qualifications of the applicant. If the application is found to be in order and the applicant is qualified, the Technical Secretariat shall proceed with the processing of the application, otherwise the RED shall immediately deny or reject the application or require the applicant to submit additional supporting documents;

18.2  The  Composite  Team  shall  conduct  field  assessment  /  inspection  to ascertain the appropriate land use of the reclaimed area. It shall gather information/data  pertinent  to  the  area  applied  for  such  as  LC  Map, Municipal Index Map, Cadastral Map, if applicable, as well as relevant laws, regulations, local ordinances and other references to facilitate the processing of the application. The cost of inspection shall be borne by the applicant such as transportation expenses, per diems, supplies and materials and hiring of necessary equipment subject to existing rules and regulations;

18.3  After the ocular inspection, the Composite Team shall prepare a narrative report  and  recommendation  to  be  submitted  to  the  RED,  which  shall include the following:

18.3.1  Area status such as whether it is covered by existing tenurial contracts or agreements or whether the approval of the application will violate existing laws, proclamations, regulations or local ordinances; and, 18.3.2  The effect of the reclaimed land to the coastal environment and proposed mitigating measures, if not included in the EIA.

18.4  If in the assessment of the Composite Team based on appraisal, the proclamation of the reclaimed land as alienable and disposable and titling thereof would be advantageous to the government, it shall recommend to the RED the issuance of the Proclamation.

SECTION 19. Issuance of Proclamation and Special Patent. Upon receipt of the Team’s recommendation, the RED shall refer the application documents to the LPDD for the preparation of the CSW and the draft Proclamation. The draft Proclamation shall include a provision authorizing the DENR Secretary to issue a Special Patent over the proclaimed land. The RED shall then forward the application documents including the draft Proclamation to the Secretary for approval and endorsement to the President. Upon approval and signature of the Proclamation by the President, the DENR Secretary shall issue Special Patent over the land.

SECTION 20. Jurisdiction over Reclaimed Areas with Tenurial Instrument Granted by DENR. Except those defined by the PRA as reclamation works, any civil works undertaken by private entities which are necessary or ancillary to their existing operation under the tenurial instrument issued by the DENR such as breakwater, dikes and causeway, shall not be considered as reclamation but shall be part of the improvements introduced to comply with the terms and conditions of the agreement/permit, provided that the civil work/s shall undergo the EIA process. The DENR shall retain jurisdiction over the management and supervision of these areas and shall continue collecting rental fees therefrom.

SECTION 21. Reclamation Undertaken in Violation of Existing Laws and Rules. Any  unauthorized  reclamation  and  application  for  issuance  of Proclamation and Special Patent over reclaimed lands in violation of national and/or local laws and regulations shall not be processed and the land shall be forfeited in favor of the State, in accordance with Presidential Decree No. 3-A dated  11  January  1973,  and  may  be  disposed  of,  pursuant  to  CA  141, as amended and other applicable laws, rules and regulations.

CHAPTER IV - FINAL PROVISIONS
SECTION 22. Monitoring. The Multipartite Monitoring Team created under the ECC for the reclamation, whether new or an existing reclamation shall assist the DENR in the conduct of monitoring and ensure that the terms and conditions stipulated in the Area Clearance and ECC are complied with. This shall be without prejudice to the authority of EMB and DENR to cite the proponent for violation/s based on investigation conducted. The monitoring shall be conducted regularly, and the monitoring team shall submit report with findings and recommendations.

Section 23. Enforcement. The DENR-RED/RD-EMB is hereby authorized to issue a Notice of Violation and Cease-and-Desist Order, whenever, upon investigation,  a  reclamation  activity  is  determined  to  have  been  conducted without  Area  Clearance/ECC  from  DENR  or  in  violation  of  the  terms and conditions thereof, as herein provided.

SECTION 24. Application of the Laws on Easement, Buffer and Salvage Zones, Land Use Plan, and Other Applicable Zoning Ordinances on Reclaimed Lands. In the conduct of survey, approval of survey plans, and issuance of proclamation, the laws on easement, buffer and salvage zones, local zoning ordinances, local land use plan and other applicable zoning ordinances shall be considered and observed.

In any approved reclamation projects, salvage zone reserved under the Law of Waters and in accordance with CA 141, as amended, shall be maintained and respected, and shall be demarcated on the map through dotted lines and form part of the tenurial instrument to be issued in the said reclamation area, but shall not be subsequently disposed.

SECTION   25   Funding.   The   RED   shall   allocate   funds  for   the  initial implementation  of  this  Order.  Henceforth,  funding  shall  be  included  in the Regular Funds of the Regional and field offices.

SECTION 26. Transitory Provision. This Order shall apply to all reclamation projects, including those initiated by LGUs and all other government agencies/ government owned or controlled corporations including PPA, LLDA, and a private sector proponent prior to the effectivity of Executive Order No. 146, s. 2013.

SECTION 27. Repealing Clause. DAO No. 2007-20 dated July 31, 2007 and DAO No. 2009-07 dated May 27, 2009 are hereby repealed. All Orders,
Memoranda and Circular inconsistent herewith are hereby revoked or amended accordingly.

SECTION 28. Separability Clause. If any provision of this Order shall be held invalid or unconstitutional, the other portions or provisions hereof which are not affected shall continue in full force and effect.

SECTION 29. Effectivity. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation and upon acknowledgment
of receipt of a copy hereof by the Office of the National Administrative Register (ONAR) and the UP Law Center.