Dear Sir Delma,

Thank you very much for sending me the legal based documents in the attachments below, much
appreciated.

Firstly as a person like myself who is not a Lawyer, I am not familiar with all the Legal talk in the
documents you sent me, so it is extremely difficult to understand the actual bottom line of all this in the
documents you have sent me.

Secondly for me to try to show or explain these Legal documents to another person who is not a Lawyer
will create a misunderstanding between both parties.

Sir Delma, what I’m really begging you and needing and asking from you is this;

* Can you please (or one of your Lawyer colleagues) please draw up a simplified version of the Legal
Documents you sent me, outlining “All details that relates Only directly to my Inflatable Water Park
operation” and have it Notarised as a Legal Based Binding Documents for my personal.

* Outlining The Legal grounds I have under the act regarding using the Foreshore, and what would be
the annual fees if any.

* Outlining The Legal grounds under the act using the Jetty/ Wharf as access to the Water Park.

* Outlining The Fees (if any) I will need to pay annualy to use the water.

* Outlining my Legal Based rights I have to operate the Water Park.

* Outlining my Legal Based rights in case and if ever there is any situation or any issues that may arise
from any person or persons or authorities against the Water Park operation.

* Outlining any other matters that you think is important to include to have in my Notatised Documents
to legally protect me.

Sir Delma, basically what I’m asking you or one of your colleagues is, please draw up what I have
mentioned in the above information and Notarise the documents so I can have this as my Legal Based
Documents to support my Inflatable Water Park.

Sir Delma, can you please organise this matter at hand ASAP and please draw up a Notarised Documents
outlining All the matters I have mentioned above.

Please reply with your confirmation.

Kind regards

Princess and Cam

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March 27, 2019

PRINCESS JESSILYN B. STEWART-WAYLAND

Siargao Sunrise Villas
Libertad, General Luna
Surigao del Norte

Dear Maam Jessilyn:

LEGAL OPINION RE: WATER PARK

Good day!

Following are the applicable provisions of law, rules and regulations that may answer
your queries relative to the proposed Siargao Sunrise Villas Water Park in Libertad,
General Luna, Surigao del Norte. It will be discussed in seriatem.

A. LEGAL RIGHT TO OPERATE A WATER PARK

Legal Basis Comment

1. Under paragraph 32 of the Lands Being the owner of the
Administrative Order No. 7-1, dated 30 April property adjoining tidal
1936, which reads: waters, you have the
preferential right to use such
32. Preference of Riparian Owner. The owner of adjacent public property.
the property adjoining foreshore lands, marshy
lands or lands covered with water bordering
upon shores or banks of navigable lakes or
rivers, shall be given preference to apply for
such lands adjoining his property as may not be
needed for the public service, xxxx.

Riparian owner as used in paragraph 32 of

Lands Administrative Order No. 7-1 dated 30
April 1936 refers to both riparian owner - a
person who owns land situated on the bank of
a river, and littoral owner - owner of land
bordering the shore of the sea or lake or other
tidal waters. (Santulan v. Executive Secretary,
170 Phil. 567 [1977])
2. Item (ee) Section 3 of RA No. 11038 otherwise The proposed water park is
known as the “Expanded National Protected compatible to the very
Areas System Act of 2018” defines protected purpose of declaring Siargao
landscapes and seascapes as areas of national Island as protected landscape
significance which are characterized by the and seascape, i.e. to provide
harmonious interaction of man and land and public enjoyment through
water while providing opportunities for public recreation and tourism.
enjoyment through recreation, tourism, and
other economic activities.

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B. APPROPRIATE TENURIAL INSTRUMENT

Legal Basis Comment

DENR Administrative Order No. 2007 – 17 dated The application of Special Use
July 25, 2007 or Rules and Regulations Agreement in Protected Areas
Governing Special Uses within protected (SAPA) excludes Foreshore
Areas, states: Lease Agreement (FLA),
Section 4. Scope and Coverage. SAPA may be Memorandum of Agreement
issued within protected areas except in Strict (MOA) and other similar
Nature Reserves and shall be confined only to tenurial instruments. Thus,
the management zones of the protected area there is no need for the FLA
appropriate for the purpose. and MOA. SAPA is sufficient.
Section 5. Kinds of Special Uses. The following are The MOA is redundant.
the special uses, that may be allowed, but not
limited to, within protected areas, subject to the
issuance of an Environmental Compliance
Certificate (ECC) and approval by the Secretary
or his duly authorized representative:
5.1 Ecotourism facilities
xxxxx

C. DETERMINATION OF FEES

Legal Basis Comment

DENR Administrative Order No. 2008 - 26 or  The Order is clear, the
Revised Implementing Rule and Regulations PAMB shall recommend
of the NIPAS Act: REASONABLE FEES .
Rule 18.3 The PAMB in coordination with other
government agencies concerned shall
recommend to the Secretary reasonable fees
to be collected from government agencies or
any person, firm or corporation deriving
benefits from the protected areas.
DENR Administrative Order No. 2018 – 15 or  It is opined that since the
Addendum to DENR Administrative Order No. park is floating on the
2017-17 on the Rules and Regulations water, this provision shall
Governing Special Uses within Protected Areas not apply since this DAO
dated July 25, 2007, states: pertains only to land and
The DENR shall impose development fees based improvements. Thus, there
on the fixed percentage of the zonal value of must be NO developmental
the land and improvements thereon. The fees fees collected.
shall be equivalent to five (5%) of the recent
zonal value of the commercial zone in the
nearest barangay or municipality where the
project area is located multiplied by the size of
the area for development and one (1%) of the
value of improvement as premium to the
protected area. xxxxx
DENR Administrative Order No. 2000-51 dated
June 21, 2000 or Guidelines and Principle In

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 Determining Fees for Access to and
Sustainable Use of Resources in Protected
Area.

Section 5 DEFINITION OF TERMS

5.4 Development of Land and Other Resources -  The water park may not
involves all forms of improvement or be considered as
enhancement of land and other resources development in the
within a protected area for any purpose. context of DAO 2000-51
since it is not an
Section 7 TYPES OF FEES improvement nor
enhancement of land.
7.1 Protected Area Entrance Fee - is a fee paid to
enter a protected area.
7.2 Facilities User Fee - is a fee paid for the privilege  These are the type of fees
of using man-made facilities inside a protected that may be collected.
area. However, may not be
7.3 Resource User Fee - is a fee paid for the applicable to the water park.
sustainable commercial use of a specified  Entrance Fee may not apply
quantity of resources within protected area over to the water park because
a specified period of time. this pertains to individual
7.4 Concession Fee - is a fee paid for the use of land entering a protected area.
or other resources for the privilege of  Resource user Fee shall not
undertaking micro and cottage scale apply because there is no
development for a specified period of time and resources used for
for a specified nature of development. commercial use.
7.5 Development Fee - is a fee paid for the use of  Concession shall also not
land or other resources for the privilege of applicable since the water
undertaking small., medium and other bigger park is not a micro and
scale development in protected areas to the cottage scale development.
extent as may be allowed by PAMB and in  As discussed above,
accordance with the Management Plan for a development fee pertains
specified period of time and for a specific only to land in which zonal
nature of development. values are considered. Seas
7.6 Royalty may be defined as paid based on the has no zonal value.
gross output value or gross sales from products
 Royalty is likewise not
out of resources derived from a protected area.
applicable.
 If there may be fees
Section 8 SPECIFIC GUIDELINES AND
collected, it must be
PRINCIPLES IN DETERMINING FEES
LAWFUL, i.e. based from
One or more guidelines and/or principles may be
existing laws, rules and
employed in determining fees based on the
regulations, and
following: a) capability to approximate closely
REASONABLE, i.e. NOT
the correct fee; b) availability of data as basis for
OPPRESIVE,
computations; and c) costs to be incurred in
CONFISCATORY and
estimating the fee.
EXORBITANT.
8.2 Resource User Fees, Development Fees and
Concession Charges  By now, the WATER PARK
Guidelines and Principles must be classified as
8.2.1 The PAMB may, to the extent feasible, enter secondary facility of the
into coproduction, joint venture or production- resort and not a separate
sharing agreements with interested parties and distinct development.
through the Natural Resource Development

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 Corporation (NRDC) in the processing,
marketing, and disposition of resources in
appropriate management zones within the
protected area.
8.2.2 The government share of the protected area
through the Integrated Protected Areas Fund
(IPAF) in these agreements shall be a
reasonable proportion of the excess profits
derived from the commercial extraction of
resources.
8.2.3 Project proposals for development activities
within protected areas which are outside the
scope of the management plan shall be subject
to an EIA as required by law and other
pertinent laws and regulations prior to their
implementation.

D. RIGHT OF AN OWNER OF A WATER PARK

Legal Basis Comment

Section 1, Article III, of the 1987 Constitution A profession, trade or calling
states that no person shall be deprived of is a property right within the
property without due process of law. meaning of our constitutional
guarantees. One cannot be
Due process of law has two aspects: substantive deprived of the right to work
and procedural due process. In order that a and the right to make a living
particular act may not be impugned as violative because these rights are
of the due process clause, there must be property rights, the arbitrary
compliance with both substantive and the and unwarranted deprivation
procedural requirements thereof. of which normally constitutes
an actionable wrong.
In the present context, substantive due process
refers to the intrinsic validity of a law that
interferes with the rights of a person to his
property. On the other hand, procedural due
process means compliance with the procedures
or steps, even periods, prescribed by the statute,
in conformity with the standard of fair play and
without arbitrariness on the part of those who
are called upon to administer it.

E. LEGAL BASIS OF JETTY

Legal Basis Comment

DENR Administrative Order No. 2009 – 29 dated A boardwalk (board walk,
Aug 20 2009 or STANDARD DESIGN AND boarded path, promenade) is
SPECIFlCATION OF SIGNS, BUILDINGS, an elevated footpath,
FACILITIES AND OTHER walkway, or causeway built
INFRASTRUCTURE THAT MAY BE with wooden planks that
INSTALLED AND /OR CONSTRUCTED enables pedestrians to cross

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 WITHIN PROTECTED AREAS wet, fragile, marshy land or
water body. Board Walk or
SECTION 2. SCOPE AND COVERAGE . This Jetty/Wharf is one of the
Order shall apply to all signs, buildings, facilities facilities that may be
and any infrastructure that may be installed or constructed in a protected
constructed within multiple-use zone and area. JETTY IS ALLOWED
buffer zone of a protected area and other TO BE CONSTRUCTED IN
ecotourism areas. PROTECTED AREAS.
The following are the different signs and
infrastructure that may be allowed within the The area where the Jetty was
protected area: constructed may be assessed
xxxxx with Developmental Fee.
2. Infrastructure/Facility
xxxxx
e. View Deck
f. Board Walk
xxxxx
SUPREME COURT JURISPRUDENCE: WHAT Since administrative rules
THE LAW ALLOWS, IT DOES NOT allows construction of Jetty in
PROHIBIT. [G.R. No. 148311. March 31, 2005] protected areas, no person
may prohibit installation of it.

In sum, the existing Jetty/Wharf and the proposed Water Park of Siargao Sunrise Villas
are NOT INCOMPATIBLE with the provisions of protected area laws, rules and
regulations. Further, the Jetty/Wharf may be assessed with developmental fee however,
collection of fee corresponding to the facilities of the water park may not have sufficient
legal basis at the moment. These facilities of the water park may be asserted to belong
with the classification of jet skis, boat rides, para-gliding, speed boats, surf kites and the
likes being add-on values offered by resorts.
Respectfully submitted.

(SGD) ATTY. DELMER L. RIPARIP

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