Clarification on alleged Land Grabbing of Tondaligan Park and Dagupan City Foreshore Lands

Lands of Public Domain are not subject to the appropriation and outside the sphere of commerce. They are intended for public use (unless The Contrary is EXPRESSLY DECLARED BY LAW and for the benefit of those who live nearby). Any illegal occupation is a mere detainer subject to suits. Section6 of Republic Act 170 creating the City of Dagupan states that the Jurisdiction of the City for Police purposes shall be extended 3 miles from the shore to the Lingayen Gulf. On February 12,1997, the Supreme Court GR 68166 stated, On the Titling of Accreted Land, the Court RULES and INVOKES Article4 of the Spanish Law of WATER of August 3,1866, to establish the FACT THAT THE FORESHORE AREAS CONSTITUTE PUBLIC LANDS, i.e, "Lands added to the shores by accretions and alluvial deposits caused by the action of the sea, form part of the PUBLIC DOMAIN. WHEN THEY ARE NO LONGER washed by the waters of the sea and ARE NOT NECESSARY FOR THE PURPOSES OF PUBLIC UTILITY, or the ESTABLISHMENTS OF SPECIAL INDUSTRIES, or for the Coast Guard Srvice. THE GOVERNMENT SHALL DECLARE THEM TO BE THE PROPERTY OF THE OWNERS OF THE ESTATES ADJACENT thereto as increment thereof." There is a need for the government TO DECLARE and to waive its right to use the public property before an application from the adjacent estates is granted. As early as 1952 via Resolution 53 submitted to the Lands Management Bureau, the Sangguniang Panlungsod opposed all applications of leased in the foreshore land of Dagupan known as the Blue Beach. Our constitution limits Alienable and Disposable Public Land to AGRICULTURAL LAND. FORESHORE LAND COULD NOT BE SUBJECT TO CADASTRAL PROCEEDINGS. A FORESHORE LAND RETAINS ITS RIGHT AS PROPERTY OF THE STATE. As per RA 7160 or the Local Government Code, the DENR is required to consult and inform the LGU who has jurisdiction over Public Lands. Any GRANT of permit over Forshore and shore land areas are subject to consultation with the LGU since the LGU HAS FIRST RIGHT TO THE USE OF PUBLIC LANDS. Foreshore lands are not considered to be agricultural land. ONLY AGRICULTURAL LAND are SUBJECT TO CERTIFICATES OF ALIENABILITY and DISPOSABILITY by the government. Please be informed that starting in the year 2005, all Foreshore accreted area in the city of Dagupan were surveyed for in the name of the City Government of Dagupan and applied for a Miscellaneous Lease Application and have already been processed upto the Regional Level. The next step is for the Secretary of the DENR to approve of it and it shall already be in the name of Dagupan via the MLA. All occupants of the accreted land in the Bonuan Shore are deemed as Illegal Occupants. The DENR has already cancelled all Certificates of Alienability and Disposability to it as AGRICULTURAL Land. All occupants WHO APPLIED FOR IT AS AGRICULTURAL LAND, ISSUED A CERTIFICATE OF ALIENABILITY AND DISPOSABILITY BY CENRO are already deemed as Illegal Occupants. These cancellations are necessary for the CENRO and PENRO to process the City's application for the MLA for the entire Foreshore accreted land of bonuan which have already been done up to the Regional Level. The City and the Sanggunian Panlungsod in 2005 have taken the positive step of acquiring the Lands that shall be used for the Special Economic Zone. The city will never tolerate any Landgrabbing! The city has all the right to apply these lands for its acquisition and develop it for a Project that shall generate Economic Opportunities and promote social equity through a sustainable use of an ecologically balanced environment supported by DENR Administrative Order 2004-24 Governing the Administration and Management of Foreshore Lands. This is also to clarify that there is no Land Grabbing inside Proclamation 98 or inside the Tondaligan Park other than the admission of OIC PENRO Rogel Pimentel that the CENRO made a mistake of issuing a Certificate of Alienability and Disposability in an area of less than 1,000 square meters inside Tondaligan Park. He also stated that the CENRO immediately cancelled said Certificate. If there shall be LAWSUITS to be filed in court NOW, it shall be the ILLEGAL Occupants versus those who they transacted to be awarded a Certificate of Alienability and Disposability. The city as of the moment is seeking the assistance of the CENRO and the PENRO in the processing of its application. The City is only awaiting the Approval of DENR Secretary in ALL ACCRETED FORESHORE Land to be in the name of Dagupan via the MLA hopefully before the end of 2006. If the Government shall be filing Lawsuits, it shall be to ascert its right and claim back foreshore lands that have been TITLED to private entities who applied for them as Orchard Land or Agricultural Land. Land behind the Tondaligan Park are no longer considered Foreshore Land. Land adjacent to the Tondaligan Park or in front of Tondaligan Park going to the sea are considered as Foreshore Land. Sgd. VM Alvin Fernandez