SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
v 
DEC -9 P2 :45 
SENATE 
S. No. 
2493 
i 
• 
, __ 
f_~ I'Y.-.~· ... 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
MAKING THE MALVERSATION OF RECLAIMED LANDS A CRIME, AMENDING FOR 
THIS PURPOSE ARTICLE 217 OF ACT NO. 3815, OTHERWISE KNOWN AS THE PENAL 
CODE l 
EXPLANATORY NOTE 
The Constitution, Article 12, Sections 2 and 3, provide: 
Section 2. All lands of the public domain, waters ... and other natural 
resources are owned by the State. With the exception of agricultural lands, all 
other natural resources shall not be alienated ... 
Section 3. . .. Alienable lands of public domain shall be limited to 
agricultural lands. rrivate cOl'porations or associations may not hold such 
alienable lands of the pnblic domain except by lease ... (Emphasis supplied) 
Applying the Regalian doctrine, lands reclaimed from foreshore and submerged areas are 
owned by the State. Under the Constitution, waters form part of the public domain and are 
consequently inalienable. To become alienable, such reclaimed lands must first be classified as 
agricultural lands under the category of alienable land of the public domain. 
The principle that public lands cannot be sold without congressional consent was first 
emphasized in the case ofIgnacio v. Director of Lands, 108 Phil. 335 (1960) and amplified in the 
landmark case of Laurel v. Garcia, 187 SCRA 797 (1990), prohibiting the sale of the Roppongi 
property in Japan. The Supreme Court declared: 
It is not for the President to convey valuable real property of the 
government on his or her sole will. Any such conveyance must be authorized and 
approved by a law enacted by the Congress. It requires executive and legislative 
concurrence. 
1 This bill was originally filed during the ThiIteenth Congress, First Regular Session. 


This bill seeks (0 make malversation of reclaimed lands a crime punishable under (he 
Penal Code. 
2 


SIXTEENTH CONGRESS OF TI-IE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
GEG -9 P 2 :45 
SENATE 
S. No. 
2493 
X-
_________________________ 
i{_i_,;_,J_l_-~, 1-;'\"-0--' 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of the Representative of the Philippines in 
Congress assembled: 
I 
AN ACT 
2 
MAKING THE MAL VERSA TION OF RECLAIMED LANDS A CRIME, AMENDING FOR 
3 
TI-IIS PURPOSE ARTICLE 217 OF ACT NO. 3815, OTHERWISE KNOWN AS THE PENAL 
4. 
CODE 
5 
SECTION 1. Article 217 of Act No. 3815, otherwise known as the Penal Code, is hereby 
6 
amended to read as follows: 
7 
ARTICLE 217-A. MALVERSATION OF RECLAIMED LANDS. ~ANY 
8 
PUBLIC OFFICER WHO AIDS, COOPERATES WITH, OR OTHERWISE 
9 
CONSENTS TO, THE TRANSFER OF RECLAIMED LANDS IN FAVOR OF 
10 
ANY PRIVATE CORPORATION, WITHOUT A LAW PASSED BY 
II 
CONGRESS AUTHORIZING ANY SUCH TRANSFER OF TITLE, SHALL BE 
12 
PUNISHABLE BY A PENALTY OF RECLUSION PERPETUA, IF THE 
13 
AGGREGATE AMOUNT OT TOTAL VALUE OF THE LAND IS AT LEAST 
14 
FIFTY MILLION PESOS (P,50,000,000,OO). IN THE IMPOSITION OF 
15 
PENALTIES, THE DEGREE OF PARTICIPATION AND THE ATTENDANCE 
16 
OF 
MITIGATING 
AND 
EXTENUATING 
CIRCUMSTANCES, 
AS 
17 
PROVIDED IN THIS CODE, SHALL BE CONSIDERED BY THE COURT. 
18 
SECTION 2. Repealing Clause. - All laws, decrees, orders, proclamation, rules and 
19 
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, 
20 
amended, or modified accordingly. 
1 


SECTION 3. Effectivity Clause. - This Act shall take effect fifteen days (15) days after its 
2 
publication in at least two (2) newspapers of general circulation. 
Approved, 
imamt27Nov20 14 
2