Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

13% Congress
First Regular Session

268

HOUSE BILL NO.

Introduced by the HON. MICHAEL JOHN “JACK” R. DUAVIT

EXPLANATORY NOTE

It is a constitutional principle that all lands of the public domain,
waters, minerals, coal petroleum and other mineral oils, all forces of
potential energy forests and timber and other natural resources are owned
by the State. With the exception of agricultural land all other natural
resources shall not be alienated. It is further laid down in the Constitution
that “Acts which circumvent or negate these provisions shall be considered
inimical to the national interest and subject to criminal and civil sanctions,
as may be provided by law.”

Numerous statutes and rulings are to the effect that canals, esteros,
creeks and similar waterways are of public dominion and as such may not
be acquired by prescription and therefore not registrable. Public water are
not subject to appropriation, sale, lease or otherwise be contracted, being
outside the commerce of men. The inclusion and property of public
dominion in a certificate does not confer title to the registrant. However,
despite these well settled rules of law, encroachment, titling and/or


registration of these waterways is very much prevalent especially in urban
and proximate areas.

Land in urban areas has become so scarce that even small spaces of
about 60 square meters have become invaluable. Urban centers have
become so crowded that every available space are being encroached upon
and titled to the extent that even canals, streame, esteros are being filled up
and built over, regardless of the fact that these are properties of the state, is
inalienable and acquisition thereof is fraudulent. To make the situation
worse, such those who commit these acts do so with impunity.
Furthermore, the blocking and filling up of these waterways or natural
drainages has resulted or added to the flooding, pollution, destruction of
roads and other infrastructures, and contributes to the depreciation of the
value of land and prevent normal development and use of the area.

This bill seeks to provide penalties to those unscrupulous persons
who exploit this situation. Penelizing such registrants shall serve as a
deterrent to these malefactors to prevent or curtail their anomalous acts of
titling these waterways. Enactment of this bill will also serve as a response
to the non-self executory provision in the Constitution that alienation of
properties of the public domain are inimical to national interest and may be
subject to sanctions.

In view of the foregoing, passage of this bill is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

13% Congress
First Regular Session

HOUSE BLL No. 268

Introduced by the HON. MICHAEL JOHN “JACK” R. DUAVIT

AN ACT
PENALIZING THE APPROPRIATION, ENCROACHMENT, REGISTRATION
AND TITLING OF CREEKS, ESTEROS, STREAMS, CANALS, RIVER
BANKS AND OTHER PUBLIC WATERWAYS AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
lippines in Congress assembled:

SECTION 1. Declaration of Policy - It is a principle of the State that
all lands of the public domain, waters, minerals, and other national
resources belong to it and that acts committed to circumvent or negate this
provision shall be considered inimical to the national interest and subject to
criminal and civil sanctions.

SECTION 2. Purpose of this Act - It is the purpose of this Act to y
prevent or curtail the prevalent anomalous acts of encroachment, titling, »

and/or registration of esteros, creeks, canals, streams and other public



waterways consistent with public order and in furtherance of national
interests.

SECTION 3. Definition of Terms - As used in this Act.

1. “Person” includes any natural or juridical person, except in
cases where the crime is committed by a juridical person, the president or
manager thereof shall be made liable;

2. “Public Officer” means any person holding any public office in
the Government of the Republic of the Philippines;

3. “Registration and/or Titling” means the act of acquiring a
certificate of ownership and/or recording with the Register of Deeds
ownership and/or use of property;

4, “Encroachment” means the entering into, invasion of,
intrusion on or infringement of a property not otherwise owned by the
entrant;

5. “Appropriation” means the act of acquiring through any
modes of acquisition of ownership or contract, title and/or use of a property;

6. “Public waterways” shall include streams, canals, creeks,
esteros, and other similar natural drainages or water channels.

SECTION 4. Penalties for Private Persons - The penalty of

imprisonment of not less than six (6) months and one (1) day to six (6) years


or a fine of not less than P5,000.00 or both shall be imposed on any person
who:

1) appropriates and/or encroaches upon any creek, canal, estero,
stream and other similar public waterways;

2) registers or otherwise acquires a title thereto.

SECTION 5. Penalties for Public Officers - If the encroachment,
registration or titling of such waterways is caused by a public officer or
acquired with his assistance, such public officer shall be liable for
imprisonment of not less than six (6) years and one (1) day and not more
than twelve (12) years.

SECTION 6. Suspension and Loss of Benefits - Any public officer
against whom any criminal prosecution under a valid information covered in
this Act in whatever stage of execution and mode of patticipation as pending
in court, shall be suspended from office. Should he be convicted by final
judgment, he shall lose all retirement and gratuity benefits under any law.
In case of acquittal, he shall be entitled to reinstatement and to the salaries
and other benefits which he failed to receive during his suspension.

SECTION 7. Prescription of the Crime - The crime punishable
under this Act shall prescribe in twenty (20) years. However, the right of the
State to recover ownership of these waterways unlawfully acquired shall not

be barred by estoppel, prescription or laches.


SECTION 8. Separability Clause - If any provisions of this Act or the
application thereof to any person or circumstance is held involved or
unconstitutional, the remaining provisions not otherwise declared as such
shall not be affected thereby.

SECTION 9. Effectivity - This Act shall take effect immediately upon
its approval.

Approved,

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