Building a house on foreshore land is a common occurrence in the Philippines, particularly in coastal provinces. However, because foreshore lands are part of the public domain, occupants often face the looming threat of ejectment and demolition.

Understanding the legal landscape is the first step in defending your home and determining if you have a path toward legalization.

1. What is Foreshore Land?

Under Philippine law, foreshore land is that part of the shore which is alternately covered and uncovered by the ebb and flow of the tide. It is categorized as land of the public domain and is intended for public use.

The Regalian Doctrine

The most critical legal principle here is the Regalian Doctrine, which dictates that all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. Since foreshore lands are public, they cannot be owned through simple occupation, no matter how long you have lived there.

2. Modes of Legal Occupation

You cannot own foreshore land through a Free Patent or a Sale Patent like agricultural land. The only way to legally occupy foreshore land is through a Foreshore Lease Agreement (FLA).

Foreshore Lease Agreement (FLA): A contract between the government (represented by the DENR) and an applicant for the use of foreshore land for a specific period (usually 25 years, renewable).
Provisional Permit: Often issued while the formal lease application is being processed.

Note: If you do not have an approved lease or permit, your occupation is technically "illegal," making you a "de facto" occupant or a squatter in the eyes of the law.

3. Defending Against Ejectment

If you receive a notice to vacate or an ejectment complaint, your defense strategy typically depends on the identity of the party trying to evict you.

Case A: The Government (DENR/LGU) is Evicting You

If the State seeks to reclaim the land for public use (e.g., building a sea wall, road, or port), defense is difficult because the State has the "ultimate title."

Due Process: The government must follow administrative due process. You are entitled to notice and a hearing.
Relocation Rights: Under the Urban Development and Housing Act (UDHA) or RA 7279, underprivileged and homeless citizens cannot be evicted without a relocation plan or financial assistance, provided certain conditions are met.

Case B: A Private Individual is Evicting You

If a neighbor or a nearby titled property owner sues for "Ejectment" (Forcible Entry or Unlawful Detainer):

Prior Physical Possession: In ejectment cases, the court only looks at who was there first (possession de facto), not who owns the land. If you can prove you have been there peacefully for years, the plaintiff must prove a better right to possess.
Accretion vs. Foreshore: If the land was formed by accretion (the gradual deposit of soil by the movement of water), the owner of the land adjacent to the river or sea (the riparian or littoral owner) may claim ownership. However, if the land is strictly foreshore, the private neighbor has no better right to it than you do—only the State does.

4. Defending Against Demolition

A demolition order usually follows a loss in an ejectment case or a declaration by the Local Government Unit (LGU) that the structure is a nuisance or a danger to public safety.

Strategies to Delay or Stop Demolition:

Question the Hazard: If the LGU claims the house is a "nuisance per se" (dangerous to the public), you can argue that it is a "nuisance per accidens" (requires a court hearing to prove it is actually dangerous).
The 30-Day Rule: Under RA 7279, there must be at least a 30-day notice prior to the date of eviction or demolition.
Injunction/TRO: You can file for a Temporary Restraining Order (TRO) in court if you can prove that the demolition would cause "irreparable injury" while the main case regarding your right to stay is still being decided.
Pending Lease Application: While a pending FLA application does not grant ownership, it shows "good faith" occupation and can sometimes be used to negotiate a stay of execution with the DENR.

5. Critical Limitations and Prohibitions

There are certain areas where a defense is almost impossible:

Protected Areas: If the house is in a mangrove forest or a protected marine sanctuary.
Danger Zones: Areas officially designated as high-risk for storm surges or landslides.
Public Access: If your house blocks the "Easement of Public Use" (the 3 to 40-meter strip from the high-water mark intended for recreation, navigation, and fishing).

Summary Table: Rights and Realities

Status	Right to Title?	Right to Possession?	Vulnerability
With FLA	No	Yes (Contractual)	Low (until lease expires)
Without FLA	No	No (Precarious)	High (subject to eviction)
Riparian Owner	Yes (via Accretion)	Yes	Low

Next Steps

If you are currently facing a threat of eviction from foreshore land, the first priority is to determine if your structure falls within the legal easement zone.

Would you like me to draft a checklist of the specific documents you need to gather to apply for a Foreshore Lease Agreement (FLA) with the DENR?