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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 
2732 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
IIPR 23 P 2 :02 
ESTABLISHING PUBLIC BEACH ACCESS SITES TO AND ALONG 
SHORELINES 
EXPLANATORY NOTE 
The Constitution, Article 12, Section 2, provides: 
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SEC. 5. All lands of the public domain, waters, minerals, 
coal, petroleum, and other mineral oils, all forces of 
potential energy, fisheries, forests or timber, wildlife, 
flora and fauna, and other natural resources are owned by 
the State. With the exception of agricultural lands, all 
other natural resources shall not be alienated. The 
exploration, development, and utilization of natural 
resources shall be under the full control and supervision 
of the State. 
The State shall protect the nation's marine wealth in its 
archipelagic waters, 
territorial 
sea, and exclusive 
economic zone, and reserve its use and enjoyment 
exclusively to Filipino citizens. 
As an archipelago of more than 7,000 islands, the Philippines is surrounded 
with numerous coastlines that are used for recreation and livelihood by millions of 
Filipinos. The coastal and marine resources of the country play an important role 
not only in the everyday lives of Filipinos but in the country's economic 
development plans as well. Its coastline extends to 36,289 kill and is considered 
one of the longest in the world. Given the strategic geography and abundant marine 
resources of the country, 832 of 1541 or 54% of municipalities are in the coastal 


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zones where 62% of the population also lives.! Additionally, with this much 
islands and coastlines, the Department of Tourism touts the country as "Asia's 
Beach Capital". 
Unfotiunately, access to shorelines and other coastal resources is impeded 
by conflicting laws regarding its use and management giving rise to overlapping, 
and even conflicting, jurisdictions. This led to the (1) absence of proper or clear 
regulations regarding the use and management of marine and coastal resources, (2) 
poor zoning and planning, and (3) weak enforcement of public access rights to 
what should have been areas of public dominion. 
In accord to the constitutional mandate of allowing the use and enjoyment of 
natural resources by Filipinos, it is proposed that the State provide low-impact, 
universal beach access with due consideration to existing private property rights 
and without compromising conservation efforts and integrated coastal management 
programs. 
This bill mandates the local government units, In coordination with 
implementing agencIes, to make the country's beaches more accessible to the 
public by identifying and establishing public beach access sites and duly designate 
sljch with conspicuous signs. This bill likewise penalizes any person or entity who 
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refuses such access or does any act which diminishes the public nature of such 
access sites. 
I Department of Environment and Natural Resources, COMPENDIUM FOR BASIC ENR STATISTICS FOR 
OPERA TrONs 
AND 
MANAGEMENT 
(Second 
Edition), 
(2000-2008), 
http://www.denr.gov.ph/images/stories/combined compendium enl" stat 2000 200S.pdf. Last accessed on: 
17 
April 2015. 
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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF II-IE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
s.No.2732 
Introduced by Senator Miriam Defensor Santiago 
'15 
APR 23 P2:02 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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AN ACT 
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ESTABLISHING PUBLIC BEACH ACCESS SITES TO AND ALONG 
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SHORELINES 
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SECTION 1. Short Title. - This Act shall be known as the "Public Beach Act" 
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SECTION 2. Declaration of Policies. - The State recognizes the need for low-
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impact, universal access to the marine and coastal resources of the country. Towards this 
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end, the State shall establish public beach access sites to and along coastal shorelines for 
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recreation and livelihood purposes. 
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SECTION 3. Definition of Terms. - Whenever possible, definitions shall be 
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adopted from those established under existing national laws, department rules and 
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regulations, and jurisprudence. For purposes of this Act, the following terms shall mean: 
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(a) Public Beach Access Site/s - Area/s declared accessible to the public to get to 
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and be able to go along the shorelines. Public Beach Access Sites are further 
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classified into two kinds: 
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(1) Beach transit corridor - The area from the highway, road, street or 
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alley seaward where the right of transit exists. 
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(2) Public beach -
The portion of foreshore lands along beach 
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shorelines starting from the low water line of the sea landward. 
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(b) Foreshore lands - A string of land margining a body of water; the part of a 
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seashore between the low water line usually at the seaward margin of a low 
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tide terrace and the upper limit of wave wash at high tide usually marked by a 
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beach scarp or berm.2 
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(c) Governing Authority - The city or municipality having jurisdiction over the 
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coastal area where the public access sites are to be declared. 
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(d) Unoccupied and/or Undeveloped Shorelines. - Foreshore areas not covered by 
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existing contracts or permits including Foreshore Lease Agreements. 
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(e) Occupied and/or Undeveloped Shorclines. -
Foreshore areas covered by 
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existing contracts or permits including Foreshore Lease Agreements. This shall 
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mean to include areas customarily occupied by riparian owners of adjoining 
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foreshore lands. 
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SECTION 4. Public Beach Access Sites. 
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(A) 
In General. - Public Beach Access Sites shall be established to and along 
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shorelines for the use of the general public subject to reasonable regulations by the 
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governing authority in coordination with other implementing agencies . 
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. (1) 
Beach Transit Corridor. - A right-of-way which shall not be less 
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than six (6) feet in width shall be established from the nearest highway, 
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road, street or alley seaward. 
2 RA 8550, also known as the Philippine Fisheries Code of 1998, sec. 4(46). 
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(2) 
Public Beach. -- Foreshore lands starting from the interior limit of 
the shoreline landward of up to at least twenty (20) meters shall be made 
accessible to the general public for recreation and livelihood purposes 
subject to reasonable regulations to be imposed by the city or municipal 
council. 
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(B) 
Identification and Establishment in Unoccupied and/or Undeveloped 
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Shorelines. - Not later than two (2) years after the date of enactment of this Act, and 
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after consultation with appropriate government agencies, including private stakeholders, 
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the governing authority, by ordinance, shall identify existing rights-of-way customarily 
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available to the public from the highway, road, street or alley seaward to and along the 
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shorelines and establish them as such. 
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(C) 
Identification and Establishment in Occupied and/or Developed Shorelines. 
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- Not later than three (3) years after the date of enactment of this Act, and after 
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consultation with appropriate government agencies, including private stakeholders, the 
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governing authority concerned, by ordinance, shall develop a phase-out scheme covering 
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occupied and/or developed shorelines, with or without existing foreshore lease 
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agreements, to establish public beach access sites to and along shorelines. 
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This subsection does not prohibit the owners of the property from voluntarily 
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providing public access to and along shorelines upon terms acceptable to the city or 
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municipality. 
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(D) 
Consultation with the DENR. - In all cases, every step in the identification 
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and establishment of public beach access sites shall be in consultation and coordination 
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with the Department of Environment and Natural Resources (DENR). 
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Within a year from the date of enactment of this Act, the DENR shall give every 
city or municipality a copy of its inventory of foreshore areas and list of all existing 
grantees of contracts or permits involving foreshore lands. All public beach access sites 
created shall likewise be reported to the DENR. 
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SECTION 5. Development of Criteria. - Not later than one (I) year from the 
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enactment of this Act, the DENR, in coordination with the local government unit, shaH 
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develop a set of criteria that shall assist in the identification and establishment of public 
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beach access sites including, but not limited to, the following: 
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(A) Existence of sites customarily accessed by the public even before the creation 
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of this Act; 
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(B) Distance from the highway, road, street or alley to the shoreline, taking into 
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consideration the topography and physical characteristics of the shoreline 
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desired to be reached; 
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(C) Existing structures on identified public access beach sites; and 
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(D) Existing integrated coastal management programs and other conservation 
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efforts. 
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SECTION 6. Putting Up of Signs Indicating Public Beach Access Sites. - The city 
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or municipality, in coordination with the DENR and the DPWH, shall put up conspicuous 
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signs indicating the existence of a public beach access site. 
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SECTION 7. Creation of Online Locator of Public Access Sites. - The DENR 
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shall keep an inventory of whatever public beach access sites are identified and 
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established by the local government units and develop an online database that shall be 
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made accessible to the pUblic. 
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SECTION 8. Prohibited Acts. - The following shalllJe prohibited under this Act: 
(A) Impeding or hindering in any way public access to the shoreline and the sea; 
(B) Removal, vandalization, or obstruction in any way from the public view of 
public beach access site signs. 
(C) Dumping of solid wastes in public beach access sites; 
(D) Quarrying of sand and pebbles found in public bach access sites; 
(E) Building of structures of whatever kind that a ter the public nature of the 
access sites; and 
(F) All other acts relating to the public beach access ite to be declared prohibited 
by the governing authority. 
SECTION 9. Non-establishment o/public beach access sites on certain/oreshore 
/'""'. - N" pob '" be "'h ",,,,, "Ie ,b ,,11 be "",b "'hod m\ ",,,,ho", 1M.. dttl,,,,d ~ 
reservations, sanctuaries, environmentally critical areas3 rd/0r mangrove cultivation 
sites. 
SECTION 10. Conservation efforts. This Act shal respect existing integrated 
coastal management programs of the DENR. The DENR, J 
consultation with the cities 
and municipalitics concerned and the Department of Tourism, shall devise appropriate 
guidelines for the maintenance and regulation of public beach access sites. 
SECTION 11. Implementing Rules. - The DENR, in consultation with the cities 
and municipalities concerned, Department of Tourism and Department of Public Works 
and Highways, shall promulgate the implementing rules and regulations of this Act 
within one year from its effectivity. 
3 Under RA 761 I, also known as the Strategic Environment Plan for PaIawan Act of 1992. 
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SECTION 12. Separability Clause. - If any provision or part hereof, is held 
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invalid or unconstitutional, the remainder of the law or the provision not otherwise 
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affected shall remain valid and subsisting. 
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SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 
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or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
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accordingly. 
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SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days 
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after its publication in at least two (2) newspapers of general circulation. 
Approved, 
/rapt04 I 720 15 
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