On leasing paradise

“There is pleasure in the pathless woods, there is rapture in the lonely shore, there is society where none intrudes, by the deep sea, and music in its roar; I love not Man the less, but Nature more,” said Lord Byron, an English poet.

I basked in the warmth of the sun and melted into the clear blue saltwater. That day, my father turned 60. My family and I celebrated this milestone by retreating into the lush and tranquil Lio Beach, El Nido, Palawan.

In its website, Lio Beach promises “endless possibilities with every visit—from exciting activities, culture and nature encounters, unique shopping and dining experiences, to peaceful retreats and relaxing accommodations.”

On that day, and most likely for months, however, it is slowly picking up from the devastating effects of the new coronavirus disease. Most shops and restaurants were closed, while guests barely filled the welcoming hotels—a far cry from the crowded and lively Lio Beach in December of any year.

Nevertheless, Lio Beach continues to live up to its name as an eco-conscious and low-impact tourism estate. Trash was nowhere in sight, while domesticated and wild animals freely roamed around the premises. Foreshore remained an oasis for weary swimmers and tanning addicts under the watchful eyes of the estate’s security personnel and staff.

The Philippine Fisheries Code defines foreshore land as a string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm. Meanwhile, in its Administrative Order No. 2004-24, the Department of Environment and Natural Resources (DENR) defines foreshore as that part of the shore, which is alternately covered and uncovered by the ebb and flow of the tide.

Foreshore in other parts of the Philippines may not be as idle and peaceful as that in Lio Beach. In its orientation on foreshore-related applications, the DENR found that foreshore is often used for maintaining, among others, wharves, piers, fish canneries, recreational places and residential, commercial and industrial estates.

Pursuant to Commonwealth Act (CA) No. 141, foreshore may be the subject of a Foreshore Lease Agreement (FLA) between the DENR and its applicant so that the latter may occupy, develop, utilize and manage the same. Under the Constitution, this lease will be for a period of 25 years and renewable for not more than 25 years, at the government’s option.

A FLA may be entered into upon the filing of the necessary application by any qualified Filipino citizen or a private corporation, association or partnership duly constituted under Philippine laws, at least 60 percent of whose capital is owned by Filipino citizens. Thereafter, the relevant Community Environment & Natural Resources Office (Cenro) shall inventory and survey the foreshore to determine its existing or appropriate uses, availability of open areas, extent of the area and the number of settlers.

The owner of the property adjoining the foreshore shall be given preference to apply within 60 days from receipt of the corresponding “Notice of Preferential Rights.”

Upon being granted the foreshore lease, the applicant must comply with the terms of the FLA and, among others: (a) shall not assign, encumber or sublet his rights therein without the prior consent issued by the relevant DENR official; (b) shall not assign, encumber or sublet the foreshore to persons or entities not otherwise authorized under CA No. 141; (c) subject its projects to the Environmental Impact Assessment System; (d) strictly implement the approved development plan; and (e) pay the annual rent.

The FLA may be cancelled on the following grounds: (a) violation of the provisions of CA No. 141 regarding foreshore lands and the above-mentioned conditions; and (b) failure to pay rent for two consecutive years.

Upon the expiry or termination of the FLA, all buildings and other permanent improvements made by the applicant-lessee, his heirs, executors, administrators, successors or assigns shall accrue to the government.