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Laguna de Bay
is the largest inland body of water in the Philippines, its majesty only second
by the Lake Lanao del Sur and Taal Lake of Batangas. It has a surface area of
some 90,000 hectares when it is at its average elevation of 12.50 meters, and
around 76,000 hectares when it is at its average lowest elevation of 10.50
meters.
As with all
lakes, Laguna de Bay is highly vulnerable to the unsustainable use of its
surrounding land due to its enclosed configuration. This perimeter, alternately
submerge and exposed by water, is called the shoreland.
The Laguna de
Bay shoreland, stretching for approximately 14,000
hectares is
submerged in lake water for periods ranging from 6 to 8 months depending on the
amount of rainfall. During instances when the level of water in Laguna de Bay is
higher than the level of water in Manila Bay, the lake's water flows out to the
Pasig River, through the Napindan Channel, before draining into Manila Bay. This
Natural process continues until both bodies of water have reached the same
level. The reversed process occurs when the seawater level is higher than the
lake water elevation thus the intrusion of saline (salt) water into the lake
system.
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Rapid
population growth, industrial expansion, aggravated congestion in Metro
Manila and the CALABARZON (Cavite-Laguna-Batangas-Rizal-Quezon)
area, and unchecked infrastructure development have exposed the Laguna de Bay
shoreland to continuous encroachment, illegal reclamation/quarrying and even
unsafe farming practices. It has become a sanctuary for informal settlers, a
disposal site for domestic and industrial waste, and the subject of social
clashed due to land tenure and ownership conflicts.
The alarming
loss and destruction of the lake's natural buffer zone emphasized the urgent
need to acquire critical information on the current state of the area, as well
as to develop and implement guidelines with regards to its use and/or occupancy.
In
1996, the Laguna Lake Development Authority (LLDA) approved Board
Resolution No. 23 (Implementing Rules and Regulations of Section 41,
Republic Act No. 4850, as amended) - defining and regulating the use and/or
occupancy of the Laguna de Bay Shoreland Areas. The implementation of this
resolution was placed under LLDA's
Special Concerns
Division.
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que: |
Why
should you lease? |
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ans: |
According to
the Laws on Natural Resources, all lands, adjacent to bodies of water (i.e.
seas, lakes, river) are classified as Public Land, therefore, any portion of
Laguna de Bay's shoreland cannot be titled or disposed. They can however be
leased for a certain period of time to qualified applicants. |
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Section 1.
Allowable Uses
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1. |
Tree
farming/ Planting |
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2. |
Recreational use
provide no permanent structure shall be constructed |
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3. |
Agricultural Use
provided that: |
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a. |
the use
of fertilizers shall be regulated based on standards set by the Department of
Agriculture-Fertilizers and Pesticide Authority (DA-FPA).
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b. |
use of
less persistent pesticides shall be required.
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c. |
Integrated
Pest Management is practiced.
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d. |
such
use does not result in land reclamation or backfiling
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4. |
Fisponds
provided that exotic species shall not be allowed |
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5. |
Poultry
provided that scale shall be allowed. |
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6. |
Supply
facilities such as: |
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a. |
dockyard/
boat shed
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b. |
research
facilities
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c. |
fish
port
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7. |
Other
uses that will not pose pollution or cause disturbances to the ecological
balance to the lake subject to evaluation and approval of LLDA. |
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Section
2. Prohibited
Uses
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1. |
Piggery
farms regardless of number of heads |
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2. |
Dumpsites |
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3. |
Housing Projects and
Subdivisions |
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4. |
Factories |
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5. |
Quarrying |
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6. |
All
Other activities that will pose pollution and cause ecological disturbance to
the lake. |
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que: |
What
is a Shoreland Lease Agreement? |
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ans: |
Article
8 (B) of LLDA Board
Resolution No. 23, Series of 1996. |
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Shoreland
areas not otherwise covered by any government development plan, program and
project may be leased by duly organized people's organization, associations or
cooperatives in accordance with established terms of conditions, and subject to
the approval of the Authority.
A "Shoreland
Lease of Agreement" is a leased contract of agreement between LLDA over
a certain portion of Laguna de Bay shoreland. |
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que: |
Who
are entitled to the lease of Shoreland areas? |
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ans: |
Article
IV, Paragraph 4 of LLDA Board
Resolution No. 113, Series of 1999. |
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Priority/Cluster
of user Groups: |
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Bona fide
occupants/residents or duly organized associations or cooperatives of: |
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1. |
the shoreland barangay, where land is located. |
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2. |
other barangays of the same shoreland
municipality. |
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3. |
other shoreland municipalities within the same
province. |
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4. |
other shoreland municipalities of other provinces. |
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5. |
non-shoreland municipalities within the Laguna de
Bay Region. |
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6. |
municipalities outside the Laguna de Bay Region. |
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que: |
How
is the fee computed? |
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ans: |
Lease rates
are computed per square meter per year. This is in turn based on the approval
lease rate per type of land use per municipality. (Lease Fee = Area X Lease
Rates). Other fee(s) or charge(s) are fixed |
Procedural
Guidelines in Receipt, Processing and Approval of the Shoreland Occupancy Permit
(SOP) and Shoreland Lease Agreement (SLA).
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Step
1 |
Applicants
secure application form and pays the necessary processing fee. The application
form should be filed together with the official receipt of the processing fee
and signed triplicate, either by the applicant, chairman (of the organization)
or any of his/her authorized representative. |
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Step
2 |
LLDA's
Special Concerns
Division (SCD) accepts and checks
the document(s)/application form. |
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Step
3 |
SCD
checks and conducts field ocular inspection of the subject area. |
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Step 4A |
If
subject area falls outside the 12.50 m. elevation, SCD endorses to the Pollution
Control Division (PCD) for processing and issuance
of LLDA Clearance. |
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Step 4B |
If
subject area falls within/below the 12.50 m. elevation, applicant/proponent
prepares a project proposal (PP)/ feasibility study (FS). |
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Step 5 |
Submit
project proposal/ feasibility study to SCD for evaluation. For approved PP/FS,
proceed to Step 6. For disapproved PP/FS revise and re-submit. |
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Step 6 |
Pay
Assessment Fee for Technical Survey. |
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Step 7 |
SCD
conducts Technical Survey of subject area. |
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Step 8 |
Applicant/proponent
pays Lease Fee. |
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Step 9 |
Present
proofs of payment to SCD. |
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Step 10 |
SCD
present the SOP and SLA for the General Manager's approval. |
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Step 11 |
The
GM approves SOP and SLA. |
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Step 12 |
SCD
advises proponent and releases the SOP and SLA to applicant/proponent. |
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view process flowchart
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Requirement
for Shoreland Lease Agreement and Shoreland Occupancy Permit.
For
Individuals
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1. |
Application
Form
SCO 1-A.
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2. |
Birth
Certificate.
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3. |
Barangay
Clearance.
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4. |
Marriage
Contract.
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5. |
Individual
Tax Return (for the past three [3] years)
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6. |
Business
Registration from the Department of Trade and Industry.
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7. |
Business
Permit/ Mayor's Permit.
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8. |
Detailed
Project Proposal.
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9. |
Plans
(res. Size 50 cm x 90 cm)
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9.1 |
Site
Development Plan and Vicinity Plan(s)
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9.2 |
Drainage/
Sewer Plan
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9.3 |
Plan
Layout
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* All
plans must be signed by the applicant, in addition to the signature of the
geodetic engineer who conducted the survey.
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10. |
Authorization
from Applicant
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11. |
Water
Permit from the National Water Resources Board (NWRB) - if applicable.
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12. |
Official
Receipt for
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12.1 |
Survey
Fee
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12.2 |
Lease Fee
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13.
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Approved
Shoreland Field Report including Location Plan.
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14. |
2
x 2 picture of the applicant.
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15. |
Photograph
(3R) of site.
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16. |
Waiver
of Interest to Lease subject area from occupants of adjacent lot.
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For
Cooperatives
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1. |
Application
Form
SCO 1-A. |
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2. |
Articles
for Cooperatives duly approved by the Cooperative Development Authority (CDA). |
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3. |
Certificate
of Business Registration from DTI. |
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4. |
Detailed
Project Proposal |
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5. |
Plans
(rec. size 50 cm. x 90 cm.) |
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5.1 |
Site
Development Plan and Vicinity Plan(s) |
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5.2 |
Drainage/Sewer
Plan |
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5.3 |
Plan
Layout |
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* All
plans must be signed by the applicant in addition to the signature of geodetic
engineer who conducted the survey. |
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6. |
Resolution
from the Board of Directors of the Cooperative authorizing a representative to
transact business with the LLDA. |
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7. |
Water
Permit from NWRB. |
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8. |
Official
Receipt for: |
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8.1 |
Survey
Fee |
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8.2 |
Lease Fee |
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9. |
Environmental
Compliance Certificate from the DENR Regional Office of Environmental Management
Bureau (depending in the magnitude of the project and preliminary evaluation of
the SCD). |
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10. |
Approved
Shoreland Field Report including the Location Plan |
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11. |
Photograph
(3R) of Site. |
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12. |
2
x 2 picture of representative. |
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13. |
Waiver
of interest to lease subject area from occupants of adjacent lot. |
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Note:
Changes in seawater surface elevations are measured from the Mean
Sea Level (MSL). The MSL is the average height of seawater surface at any bay or
shore. It is set as the point of zero elevation (datum) where all measurement
are referred. It is used as the standard datum for almost all elevation
measurements, even on land.
However,
there are instances when the elevation of Laguna de Bay is below MSL. In these
cases the elevation would become negative. To prevent the use of negative
numbers, another datum was established for Laguna de Bay. Under the Republic Act
No. 4850 (section 41, Article II), the Laguna de Bay datum was set at 10.50
meters below MSL.
Elevation
12.50 meters was arrived at using all available data on record. Data on the
lake's elevation was obtained from the Department of Public Works and Highways (DPWH)
which recorded Laguna de Bay's highest elevation at 14.62 meters in 1919. Gaps
in the record were determined correlating the rainfall gathered from the Weather
Bureau to the maximum lake stage. Records to date validate that Elevation 12.50
meters remains to be Laguna de bay's average annual maximum lake surface level
based on the LLDA datum. |
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