MEMORANDUM-
TO All REGIONAL DIRECTORS
FROM THE UNDERSECRETARY,
TRCRG
DATE 26 January 2012
SUBJECT HOUSE Bill NO. 4131
First, thanks to all the Regional Directors who submitted their inputs to House Bill Nos. 4131 (Free
Access to the Beach) and 1559 (Coastal Management) despite our being given such short notice.
As an update, the Committee on Natural Resources met yesterday to discuss said bills, and two others
introduced by CongoAngelo Palrnones on mangrove management. All bills were approved in principle at
the Committee level and Technical Working Groups (TWGs) were created to study the bills in more
detail and provide recommended revisions, if any. The DOT was invited to be part of the TWGs,
together with the representatives from other government agencies such as PAWB, FMB, NAMRIA, DA-
BFAR, DOTC, and NCIP.
Upon our request, we were given time to consult with the members of the tourism private sector,
especially those who will be affected should this be enacted into law. Thus, all Regional Directors with
coastal towns under their jurisdiction are instructed to invite the owners and operators of beach hotels,
resorts, and other accommodation establishments in your areas to submit their inputs/comments to HB
4131. Please forward all that you receive to RMS by 2 February 2012.
All comments/inputs of the Regional Directors and private sector will be discussed in detail at the TWG
meetings.
Thank you.
Cc: Asec lPJ
Department of Tourism Building T.M. Kalaw Street, Rizal Park, Manila, Philippines, P.O. Box 3451, Manila, Philippines
Tel. Nos.: 523-8411 to 20 • email: [email protected] • http://www.wowphilippines.com.ph and http://www.tourism.gov.ph
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Republic of the Philippines .
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
=:
Fifteenth Congress
First Regular Session
HOUSE BILL NO.-41-3.1·
Introduced by Honorable Erico B. Aumentado
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EXPLANATORY NOTE
This bill seeks. to require property owners or operators of beach
resorts, hotels and similar establishments adjacent to the beach to provide,
ensure and protect the public's right to access to, and from the shore area.
The Philippines is kT:C wn for its. beautiful. and breathtaking natural
sceneries and recreational resources. Of the various recreational places, the
.beach is the most frequented by our citizens and tourists alike. Aside from
its beauty and recreational value, swimming in the sea is believed to have·
curative or healthful effects. It is also the place where fishermen get their
means of livelihood. .Hence, it is not surprising to see our people, usually
families, flocking to beaches and beach resorts all year round. However, the
proliferation of beach resorts and hotels near the beach and shores, has
prevented free public access to these resources. Most beach resorts owners
do not allow non-paying citizens to pass through the vicinity of their resorts
and hotels to get to the beach to swim. Some even impose fees just so
people can have accessto the beach.
Owners of beach resorts,' hotels and other properties including lessees
of lands adjacent to shore areas should guarantee and provide the free public
access to, and. full use and enjoyment of, the beaches and nearby coastal
waters, whether for livelihood or recreational purposes.. People should not
be deprived of this very basic right.
In view of the foregoing, approval
.
of
,
this bill is highly recommended.
.
Republic of the Philippines .
HOUSE OF ~PRESENTATIVES
Quezon City; Metro Manila
. Fifteenth Q:ongress
First Regular Session
HOUSEBILLNO.ll-31.' ,
Introduced by Honorable Erico B. Aumentado
AN ACT
. REQUIRING ALL PROPERTY OWNERS .OR OPERA-~ORS OF
BEACH RESORTS; HOTELS ANI?· SIMILAR ESTABLISHMENTS
AD-lACENT TO FORESHORE LA~DS TO PROVIDE, EN;SURE AND
.PROTECT .PUBLIC ACCESS TQ, FROM AND ACROSS THE
BEACH AREA AND PROVIDINGlpENALTIES FOR VIOLATION
THEREOF
Be it enacted by the Senate and House ,of Representatives of the Philippines
in Congress assembled:
# .
SECTION L This Act shall be known as the "Free Access to the
Beach Act."
'. SEC. 2. It is the policy. of the .State to protect and ensure the right of
the people' to free access and enjoyment of our' beaches and foreshores,
bearing in mind that all waters belong to the people .. A public right of way
not exceeding six (6) meters adjacent tOlthe
. foreshore land
.
sh~ll be ensured.
.
F or purposes of this Act, foreshore land shall mean a string of land
margining a body of water; the part of " seashore between the 10;'W' water line
usually at the seaward margin of a low tide terrace and the upper limit of
wave wash at hith tide usually marked ~y a beach scarp or berm.
'. .
SEC. 3., Property owners or operators of beach resorts, -hotels and
similar establishments adjacent to the foreshore land shall always guarantee
and provide the general public free access at all times to the full use and
enjoyment of the beaches and coastal waters, whether for livelihood or
recreational purposes. '
SEC. 4. Structures built ~:mforeshore land, including all fences,
revetments, jetties, causeways and similar buildings shall not impede public'
access to and from or across the shore area: Provided, That all structures
already in place which obstruct public access or prevent the exercise of the
public right of way to the beach shall be removed by the property owners ,
and operators of the beach resorts and hotels, at their own expense.
SEC. 5. Any person who refuses to provide free public access, in
, violation of the provisions of this Act shall be punished with imprisonment'
of not less than six (6~months but not more than one (1) year or afine of not
less than Ten thousand pesos (PIO,OOO.nO)
but not more than Fiftythousand
, pesos (P50,OOO.OO), or both such fine and imprisonment at the discretion of
the court.
If the offender is a corporation, association or any juridical person, 'the
penalty should be imposed on the president, treasurer, or any person
responsible for the violation.
. ,.
If the offender is an alien, he shall, after service of sentence, be
deported immediately without further proceedings III the Bureau of
Immigration .
.SEC. 6. This Act shall be implemented by all local government units
with jurisdiction over foreshore lands through the office of the mayor of the
..city or municipality where the beach resort, hotel or similar property is
located or to be established, in coordination with the local offices of the
~~artment . of Public Works and Highways and the Department of
Environment and Natural Resources.
All local government units with jurisdictionover foreshore areas shall
issue the ordinance requiring all property owners and operators' of beach
. , .
resorts and hotels to provide and warrant free public access to the beach ..
The local government ordinance shall govern the imposition of fines and
non-issuance of concessions, licenses; permits, clearances, compliance
documents to property owners and operators who violate this Act.
SEC. 7.. All laws, decrees, rules and regulations and issuances, or
parts thereof which are inconsistent with the provisions of this Act are
hereby repealed, amended of modified accordingly.
SEC. 8. This Act shall take effect fifteen (15) davs after its
publication in the Official Gazette or in two (2) national newspapers of
general circulation.
Approved,
,
.:,
