Property Rights over Mangrove Foreshore Land in the Philippines: A Comprehensive Legal Article

1 | Introduction

The Philippines is home to one of the world’s most extensive mangrove belts, a biological buffer that protects more than 36,000 km of shoreline.1 Because almost all mangroves stand on foreshore land—the strip alternately exposed and submerged between ordinary high-tide and low-tide lines—the questions “Who owns it?” and “Who may lawfully use it?” sit at the intersection of property, environmental, and fisheries law. This article synthesises the full Philippine legal framework, from the 1987 Constitution down to the most recent administrative orders and jurisprudence, and offers practical guidance for government officials, coastal communities, investors, and advocates.

2 | Classification of Foreshore and Mangrove Lands

Legal Term	Core Definition	Principal Source(s)
Foreshore land	The area seaward of the surveyed high-tide line and landward of the low-tide line.	Public Land Act (Commonwealth Act 141), § 58 (as interpreted in Republic v. CA & Bravo, G.R. 113087, 5 July 1996).
Mangrove forest/swamp	Any tidal, coastal wetland dominated by mangrove tree species, whether more landward (back-mangrove) or seaward (fringe-mangrove).	Forestry Code (PD 705), § 3(j); DENR Adm. Order (DAO) 2005-17.

2.1 Regalian Doctrine and Constitutional Anchors

Article XII, section 2 of the 1987 Constitution vests “all lands of the public domain and natural resources” in the State. Mangrove foreshore areas fall within the public domain and are inalienable unless Congress, by law, reclassifies them as alienable and disposable (A&D).

2.2 Statutory Overlay

Commonwealth Act 141 (Public Land Act). Introduced the Foreshore Lease Agreement (FLA) regime (see § 59) and confirmed that foreshore land remains State-owned.
Forestry Code (PD 705, as amended). Declared all mangrove forests—regardless of tidal position—as forest land, rendering them automatically inalienable.
Fisheries Code (RA 8550), as amended by RA 10654. Limits aquaculture use, requires an environmental compliance certificate (ECC), imposes fees, and bars new fishpond lease agreements inside declared mangrove reserves.
RA 7161 (1991). Absolute ban on cutting or gathering any mangrove species, save for scientific or government-sanctioned rehabilitation works.
NIPAS Law (RA 7586, as amended by RA 11038). Allows Congress or the President to include mangrove zones inside protected areas.

3 | Ownership, Title, and the Inalienability Rule

State Ownership Is Plenary. Republic v. CA & Bravo (1996) treats foreshore land as “property of public dominion” that cannot be “acquired by adverse possession, homestead, or free patent.”
Imprescriptibility. Time never bars the State (Art. 1113, Civil Code). Even a century-old fishpond dike never ripens into ownership.
Reclassification Exceptions. Congress may, by special law, reclassify specific foreshore strips or mangrove swamps. The President may reserve or proclaim them for special uses (e.g., Palaui Island, Proc. 447 [1994]).
Existing Torrens or Spanish Titles. Very rare. If a mangrove area was titled when already part of the sea or is below mean high-tide, the title is void (Republic v. CA & Naguit, G.R. 144476, 17 Jan 2005).

4 | Tenurial Instruments and Limited Use Rights

Instrument	Tenure / Term	Issuing Agency	Key Features
Foreshore Lease Agreement (FLA)	25 yrs + renewable 25	DENR – Land Mgt. Bureau	For wharves, resorts, other non-extractive uses; max 50 ha per applicant; rent based on zonal valuation.
Fishpond Lease Agreement (Fishpond FLA)	25 yrs + renewable 25	BFAR (DA)	Moratorium imposed by DA AO 2011-15; all abandoned/undeveloped ponds revert to mangrove rehab.
Mangrove Stewardship Agreement	25 yrs + renewable 25	DENR – Community ENR Offices	Granted to organised coastal communities for conservation-based livelihood; area < 500 ha.
CBFMA (Community-Based Forest Mgmt.)	25 yrs + renewable 25	DENR – FMB	May include mangroves; requires management plan & no conversion to fishponds.
Special Use Agreement in Protected Area (SAPA)	≤ 20 yrs	Protected Area Mgt. Board	For ecotourism in NIPAS sites; heavy environmental royalties.

Note: Private sale or donation of foreshore or mangrove land is void ab initio; only leasehold or stewardship rights may be conveyed, and only with agency approval.

5 | Regulatory Authorities

DENR – primary steward; issues FLAs, stewardship, and ECCs; reclaims abandoned fishponds.
BFAR – fishery tenures and enforcement under RA 10654.
LGUs – zoning and issuance of local foreshore development permits; manage 20-m salvage zones (Art. 51, Water Code).
Philippine Coast Guard & PNP-Maritime – enforce anti-mangrove-cutting and anti-illegal-reclamation laws.

6 | Environmental and Conservation Mandates

Total Cutting Ban. RA 7161 criminalises cutting, gathering, or collecting any mangrove species, with 6–12 yr imprisonment.
EIS System (PD 1586). All foreshore-based projects—piers, reclamation, aquasilviculture—require ECC.
Climate Change Act (RA 9729) & DRRM Act (RA 10121). Promote “coastal greenbelts” of at least 100 m width in typhoon-prone provinces.
*NIPAS / ENIPAS. More than 50 protected areas (e.g., Sasmuan Pampanga Coastal Wetlands) include mangrove foreshore zones; activities shift from rule-of-use to rule-of-exception.
National Greening Program (NGP) & Enhanced NGP. Target: 78,000 ha mangrove rehabilitation (2016-2030).

7 | Key Jurisprudence

Case	G.R. No.	Holding
Republic v. CA & Bravo	113087 (1996)	Foreshore land is public dominion; titles & tax decs do not confer ownership.
People v. Cantil	L-18286 (31 Jan 1967)	Cutting mangrove species without license = forestry offense even if land appears “private.”
Heirs of Malate v. Gamboa	172090 (2 Aug 2010)	Littoral accretion belongs to riparian owner only if already classified as A&D.
Caringal v. Luna	198563 (22 May 2019)	Illegal structures in 20-m salvage zones are nuisance per se; LGU may summarily demolish.
Republic v. Sandiganbayan & Banahaw Dev. Corp.	195003 (13 Jan 2016)	Reiterated imprescriptibility of State claims over foreshore.

8 | Rights, Obligations, and Restrictions of Occupants

Easement of Public Use. A minimum 20 m salvage/buffer zone from mean high-tide must remain free of permanent structures.
Water Code Permits. Any diversion or obstruction of tidal flow needs a water permit (PD 1067, Art. 16).
Real Property Tax (RPT). LGUs may levy RPT only on the leasehold improvements (e.g., stilt cottages), never on the mangrove land itself.
Liability & Penalties.
- Illegal conversion to fishpond – ₱120k/ha + restoration costs (RA 10654, § 102).
- Reclamation without PRA permit – up to ₱500k/day penalty under EO 153 (2022).
- Ecological damage – civil suit for actual and moral damages + writ of kalikasan.

9 | Recent Policy Trends and Reforms (2015 – 2025)

Fishpond Reversion Program. Over 38,000 ha of idle FLAs cancelled (DAO 2020-05), prioritising mangrove re-establishment.
Blue Carbon Policy Roadmap (DENR-DA 2022). Positions mangroves as “nationally determined contribution” sinks under Paris Agreement.
Ease of Doing Business Act (RA 11032). Streamlines FLA issuance to 60 days but retains ECC requirement.
Mangrove Breakwater Pilot Projects (2023-2024). DPWH allows natural greenbelts to substitute for hard seawalls in Leyte Gulf.
Proposed Mangrove Conservation Act (S.B. 1039, 19th Congress). Seeks permanent prohibition on alienation and conversion of all natural mangroves, plus heritage status for old-growth stands.

10 | Practical Roadmap for Stakeholders

For Local Governments

Adopt foreshore management plans aligned with CLUPs; delineate salvage zones by geodetic survey.
Issue temporary closure orders (TCOs) against illegal stilt resorts pending DENR action.

For Coastal Communities & NGOs

Secure a Mangrove Stewardship Agreement—the only tenurial instrument tailor-made for community-led conservation.
Avail of RA 9147 funds for mangrove wildlife sanctuaries.

For Investors & Developers

Obtain a Foreshore Lease Agreement before building any structure seaward of the high-tide line.
Secure LGU locational clearance + ECC + water permit.
Incorporate a 20-m public access strip and a 100-m storm-surge buffer belt of replanted mangroves if project lies within typhoon corridors (per DENR-DPWH-DBM JMC 2014-01).

For Indigenous Cultural Communities

Ancestral domains may include mangrove areas (IPRA, § 57), but the State retains ownership of sub-surface resources. Obtain a co-management accord with DENR to align customary use with national forestry rules.

11 | Conclusion

Mangrove foreshore land—dynamic, life-supporting, and legally unique—remains firmly under State dominion. Philippine law recognises no freehold ownership in these zones; what it offers are limited, conditional tenures designed to reconcile economic use with ecological stewardship. Understanding the layered regime—from the Regalian doctrine down to modern blue-carbon policy—is indispensable for anyone who would develop, conserve, or litigate along the nation’s tidal margins.

Endnotes (select)

Philippine Statistics Authority, Land and Ocean Area Statistics, 2024.
1987 Constitution, Art. XII, § 2.
Commonwealth Act 141 (1936), §§ 58–60.
Presidential Decree 705 (1975), § 15; amended by PD 1559 (1978).
Republic v. Court of Appeals & Bravo, G.R. No. 113087 (5 July 1996).
DENR Administrative Order 2005-17: Guidelines on the Establishment of Community-Based Mangrove Management Systems.
Republic Act 7161 (1991), § 4.
Bureau of Fisheries and Aquatic Resources Administrative Order 2011-15.
Heirs of Malate v. Gamboa, G.R. No. 172090 (2 August 2010).
National Greening Program, Enhanced NGP Plan 2016-2028 (DENR, 2016).