Stopping the Grant of Foreshore Leases Along the Manila Bay Towards Cavite and Bataan

February 24, 2004

EXECUTIVE ORDER NO. 289

REVOCATION OF THE MEMORANDUM DATED MAY 24, 1966 ISSUED BY FORMER PRESIDENT FERDINAND E. MARCOS DIRECTING THE DIRECTOR OF LANDS TO STOP THE GRANT OF FORESHORE LEASES ALONG THE MANILA BAY TOWARDS CAVITE AND TOWARDS BATAAN

WHEREAS, the Department of Environment and Natural Resources is the primary government agency responsible for the conservation, management, development and proper utilization of the country's environment and natural resources;

WHEREAS, it is imperative to promote the sustainable use of coastal shoreline and foreshore areas in the country through effective and efficient management schemes and strategies;

WHEREAS, on May 24, 1966, former President Ferdinand E. Marcos issued a Memorandum directing, among others, the stoppage of the grant of foreshore leases along the Manila Bay towards Cavite and towards Bataan;

WHEREAS, the government recognizes the need to develop and utilize these foreshore areas in order to fully promote their protection and to ensure maximum returns. TIDcEH

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Revocation of the Memorandum dated May 24, 1966. — The Memorandum issued by former President Ferdinand E. Marcos, dated May 24, 1966, to stop the grant of foreshore leases/permits all along the Manila Bay towards Cavite and towards Bataan, is hereby REVOKED.

SECTION 2. Management and Disposition of the Manila Bay Foreshore Areas towards Cavite and towards Bataan. — The management and disposition of foreshore areas along the Manila Bay towards Cavite and towards Bataan shall be under the jurisdiction of the Department of Environment and Natural Resources (DENR).

SECTION 3. Harmonization of Land Use Plans of Concerned Local Government Units (LGUs). — The existing land use plans of the concerned LGUs with respect to these foreshore lands shall be harmonized with the existing DENR laws, rules, and regulations on foreshore areas utilization. CDTAbench

SECTION 4. Strict Regulation of the Utilization and Development of the Areas. — The utilization and development of all foreshore areas along Manila Bay towards Cavite and towards Bataan shall be strictly regulated by the DENR in accordance with the Manila Bay Strategy and Framework Plan as embodied in the Manila Bay Environmental Management Project. Further, such development must strictly comply with the land use plan of the concerned city or municipality and the requirement imposed by existing DENR rules and regulations on the matter, taking into consideration the sustainable use and development of these areas. cDAITS

SECTION 5. Filing Acceptance, Processing and Award of Leases and Permits. — The filing, acceptance and processing of applications in these areas shall resume upon the effectivity of the Implementing Rules and Regulations (IRR) of this Order. In the awarding of foreshore lease contracts and/or permits, the DENR shall ensure that the requirements are strictly complied with and the existing laws, rules and regulations on the matters are strictly enforced.

SECTION 6. Action on Illegal Lodgers. — Subject to applicable laws and regulations, the DENR shall impose appropriate penalties to the illegal lodger in these areas, such as, but not limited to charging of fines, removal of illegal structures, among others.

SECTION 7. Formulation and Issuance of Implementing Rules and Regulations (IRR). — The DENR, within ninety (90) days from the approval of this Order, shall formulate and issue its IRR, in consultation with concerned government agencies, LGUs, civil society, and other stakeholders.

SECTION 8. Submission of Progress Reports. — The DENR shall regularly submit progress reports to the President on the Implementation of this Order. CDTHSI

SECTION 9. Repealing clause. — All executive orders, rules and regulations inconsistent with the provisions of this Order shall be deemed revoked, amended or modified accordingly.

SECTION 10. Effectivity. — This Executive Order shall take effect immediately.

DONE in the City of Manila, this 24th day of February, in the year of Our Lord, Two Thousand and Four.