Republic of the Philippines

Department of Environment and Natural Resources

Visayas Avenue, Diliman, Quezon City
Tel Nos. (632) 929-66-26 to 29 • (632) 929-62-52
Website: http:/www.denr.gov.ph / E-mail: [email protected]

APR 28 2021
DENR ADMINISTRATIVE ORDER
NO. 2021 - 07

SUBJECT : GUIDELINES ON THE ESTABLISHMENT OF LEGAL

EASEMENTS ALONG THE SEAS, RIVERS, LAKES,
ESTEROS, AND CREEKS

Pursuant to the provisions of Articles 634 and 638 of the Civil Code of the Philippines,
Article 51 of Presidential Decree (P.D.) 1067 or the Water Code of the Philippines, P.D. 705
or the Revised Forestry Code, as amended, Commonwealth Act (C.A.) 141 or the Public Land
Act, as amended, Executive Order (E.0.) 192 or the Reorganization Act of the DENR, Republic
Act (R.A.) 7586, as amended by R.A. 11038 otherwise known as the EN1PAS Act, DENR
Administrative Order (DAO) No. 99-21, DA0 No. 2007-29 or the Revised Regulations on
Land Surveys, and DENR Memorandum Circular (DMC) No. 2010-13 or the Manual on Land
Survey Procedures, the following guidelines is hereby issued for the guidance of all concerned:

SECTION 1. Basic Policy. It is the policy of the State to ensure that the country's
environment and natural resources are conserved, managed, developed and properly used
including the protection of the people. As such, the State shall establish safeguard measures on
the establishment of salvage zones and legal easements along seas, rivers, lakes, esteros, creeks,
and other wetland areas.

SECTION 2. Objective. This Order aims to provide guidelines on the establishment

of legal easement for public use in the interest of recreation, navigation, floatage, fishing and
salvage in accordance with the existing laws and regulations.

SECTION 3. Scope awl Coverage. This Order shall apply to all lands adjoining seas,
rivers, lakes, creeks, esteros and other wetland areas.

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

4.1 Creek - a stream of water longer than a brook or small stream that empties into
the rivers.

4.2 Estero - any bed or channel through which stagnant, dirty or salt water flows
under the influence of the tide.

4.3 Lake - an expanded part of a river or an inland body of standing water.

4.4 Legal Easement — an easement by necessity constituted by law which has for its
object either for public use or the interest of private persons.
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 4.5 'Mean high water level — the average of all the high-water levels at a given
location over a period of years.

4.6 National Park — lands of the public domain classified as such in the Constitution
which includes all areas under the NIPAS pursuant to R.A. 11038, primarily
designated for the conservation of plants and animals, their associated habitats
and cultural diversity.

4.7 Protected Area — identified portions of land and/or water set aside by reason of
their unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation.

4.8 Reclaimed areas — land that was under the sea or was in a very poor condition,
but has been improved so that it can be used for farming or building on.

4.9 River - any wide natural bed or channel through which water flows continuously
or intermittently throughout the year.

4.10 Rural areas — areas not identified as urban as defined in this Order.

4.11 Salvage Zone — lands measuring twenty (20) meters measured landward from the
interior limit of the shoreline for easement purposes.

4.12 Urban areas — all cities regardless of their population density and municipalities
with a population density of at least five hundred (500) persons per square
kilometer pursuant to R.A. 7279 or the Urban Development and Housing Act of
1992, regardless of the declaration of Local Government Units (LGUs) except in
Metro cities.

4.13 Wetland — a wide variety of inland habitats such as marshes, peatlands,

floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves,
intertidal mudflats and seagrass beds, and also coral reefs and other marine areas
no deeper than six (6) meters at low tide, as well as human-made wetlands such
as dams, reservoirs, rice paddies and wastewater treatment ponds and lagoons.

SwerinN S. Determination of the Required Legal Easement. The following rules

shall be applied in determining legal easements.

5.1 For Urban Areas

All cities and urban municipalities shall adopt a 3-meter easement zone over those
areas classified as agricultural lands. Forest lands shall adopt a 40-meter easement
zone, even if it is part of an urban area.

5.2 For Rural Areas

Rural municipalities shall adopt a 20-meter easement zone for agricultural lands,
and 40-meter easement zone on forest lands.

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 In cases where rural municipalities are upgraded into urban, their easements shall
be adjusted consistent with Section 5.1 of this Order upon approval of their new
Comprehensive Land Use Plans (CLUPs). The existing easements as reflected in
the old DENR Cadastral Map shall likewise be updated.

5.3 For National Parks/Protected Areas

All National Parks/Protected Areas, whether in urban or rural areas, shall adopt a
40-meter easement zone, taking into consideration the provisions of Section 18
(v) of R.A. 11038 or the ENIPAS Law, and Section 24.4 of DA0 No. 2019-05.
C A
111 caac tn. ixcnalaiiiieu ruea.

All reclamation projects, whether in urban or rural areas, shall adopt a 40-meter
easement zone. The easement shall be measured from the banks or the edge of the
reclaimed portion.

If warranted under the circumstances and in order to safeguard and conserve land, the
LOU, through an ordinance may impose a wider easement subject to the rights of private
persons owning a titled land, who may be affected by the imposition of wider easements under
Article II, Section 9 of the 1987 Constitution.

SECTION 6. Measurement of Legal Easement. For the purpose of measuring or

establishing the salvage zone and legal easements, the following rules shall be applied:

6.1 Lands bordering the seas, gulfs, bays or ports shall be subjected to easement of
salvage zone of twenty (20) meters in agricultural lands and forty (40) meters in
forest lands measured landward from the Mean High Water line or interior limit
of the shoreline.

6.2 Banks of rivers and streams with channels at least five (5) meters wide or
continuously flowing rivers and streams even with less than five (5) meters width,
creeks, arroyos or esteros shall be subjected to legal easement of three (3) meters
in urban areas, twenty (20) meters in agricultural lands and forty (40) meters in
forest lands, measured landward from the edge of the normal high waterline.

6.3 Lands along the shore of lakes shall also be subjected to the same legal easement
in Section 6.2 above, measured from the edge of the normal high water marks
made at the lake's greatest water depth, except those under the jurisdiction of the
Laguna Lake Development Authority (LLDA) and other government agencies.

The measurement of easement along seas and coastal areas shall be based on the mean
high-water level with reference to the tide table as published by the NAMRIA.

The provisions of Section 2 of DAO No. 99-21 and Section 84 of DMC No. 2010-13
on the survey of legal easements shall be followed. All existing easements as identified in the
old Cadastral Survey and those within forest lands and National Parks/Protected Areas shall be
updated every ten (10) years and reflected or indicated in the corresponding map through dotted
lines.

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 The ianas formed from the forces of nature resulting in recession of the water level shall
be preserved as easement and shall not be subjected to disposition until it is classified. On the
other hand, lands submerged as a result of the sea level rise or subject of erosion shall be
accordingly reduced in the map. If a private or titled land is affected, no new easement shall be
required.

SECTION 7. Monitoring. The DENR Regional Offices, through their Enforcement

Division shall monitor the establishment of easements in accordance with the provisions of this
Order. In case the area concerned is within a National Park/Protected Areas, the Protected Area
Management Board (PAMB) shall be included in the monitoring.

A database of shape files of all the established easements shall be created in the
Regional Office. This shall be maintained and updated from time to time or when necessary.

SECTION 8. Enforcement. All individuals or group entities owning or managing the

establishments and structures which are found to be in violation of the rules on the
establishment of salvage zones and legal easements, whether private or owned by the
government, shall be subjected to possible relocation and demolition, if warranted.

All violators shall be notified by the Region to comply with the rules. Those individuals
or group entities that are subject to relocation but with existing Environmental Compliance
Certificate (ECC) shall be required to apply for a new one since the previously issued
Certificate is based on the impact areas identified in their earlier submitted Environmental
Impact Assessment (EIA) studies.

The enforcement of legal easements within Protected Areas shall be guided by the
provisions of Section 24 of DA0 No. 2019-05.

SECTION 9. Separability Clause. If any provision of this Order shall be held invalid
or unconstitutional, the other portions or provisions hereof vytich are not affected shall continue
in full force and effect.

SECTION 10. Repealing Clause. All Orders and other similar issuances inconsistent
herewith are hereby revoked, amended, or modified accordingly.

SECTION 11. Effectivity Clause. This Order shall take effect fifteen (15) days after
its publication in a newspaper of general circulation and upon acknowledgment of the receipt
of the copy thereof by the Office of the National Administrative Register (ONAR).

ROGMATU
Secretary

REPUBLIC O THE PHIIJPPNES

AND NATURAL RE3OURCS