October 28, 1997
DAR OPINION NO. 119-97
Hon. Mina T . Gabor
Secretary
Department of Tourism
Department of Tourism Building
T.M. Kalaw Street, Rizal Park
Manila
Dear Secretary Gabor:
This has reference to your letter, formally recommending the adoption of a general exemption of shore/beach areas from the coverage of the Comprehensive Agrarian Reform Program (CARP) particularly: 240 meters inland from the shoreline (highest mean water level).
You state that beach/shore areas are generally considered not suitable for agriculture owing to the nature and characteristics of the land which are classified as sandy, salty and dry; that while this is so, the Department of Tourism (DOT) as well as investors/developers consider these areas highly suitable and appropriate for tourism development; and that to enable the (DOT) to effectively encourage tourism development in these areas, there is a necessity of exempting them from the coverage of the CARP.
Upon the effectivity of the Comprehensive Agrarian Reform Law on 15 June 1988, all public and private agricultural lands as provided for in Proclamation No. 131 and Executive Order No. 229 including other lands of the public domain suitable for agriculture, regardless of tenurial arrangement and commodity produced, were brought under the coverage of the Comprehensive Agrarian Reform Program (Section 4, R.A. No. 6657). The exemptions to the above-cited provision are those specifically enumerated under, Section 10 of the said Republic Act and those classified as commercial, industrial or residential before 15 June 1988 pursuant to Section 3 (c) of R.A. No. 6657 and DOJ Opinion No. 44, Series of 1990. However, Section 51 of Presidential Decree No. 1067 (The Water Code of the Philippines) provides, quote: "The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are 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, flotage, fishing or salvage or to build structures of any kind." From the foregoing, it is clear that beach/shore areas within the aforesaid limits may likewise be deemed exempt from the coverage of CARP. By virtue of said Presidential Decree, the subject landholdings may nonetheless still not be appropriated for purposes other than those provided in the above-cited Presidential Decree.
However, since the Department of Agrarian Reform supports the DOT-TDA program which is one of the three (3) major areas for priority development of the National Leadership under the Philippines 2000 Program, tourism development being in the forefront of national economic development, we are on this note furnishing you DAR Administrative Order No. 4, Series of 1994 and Presidential Decree No. 1067 for your ready reference with the end view of possibly creating a conducive business climate for tourism investment and development within the aforesaid limits, if warranted.
Thank you for communicating with us and we hope to have clarified the matters with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Office of the Secretary
Doc. No. 97010804