FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~TJ\ 
S.No. 1461 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XII, Sections 2 and 3, provides: 
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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. Private corporations or' associations may not hold such 
alienable lands of the public domain except by lease ... (Emphasis added) 
Applying the Regalian doctrine, lands reclaimed from foreshore and submerged areas are 
owned by 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 
public 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 of Ignacio v. Director of Lands (108 Phil. 335) and amplified in the 
landmark case of Laurel v. Garcia (187 SCRA 797) prohibiting the sale of the Roppongi 
property in Japan. The Supreme Court declared that: 
It is not for the President to convey valuable real property of the 
govermnent 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. 
This bill seeks to make malversation of reclaimed lands a crime punishable under the 
Penal Code . , 
• This bill was originally filed during the Thirteenth Congress, First Regular Session .. 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1461 
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 
Be it enacted in the Senate and the House of Representatives in the Philippines in 
Congress assembled: 
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SECTION 1. Alticle 217 of Act No. 3815, otherwise known as the Penal Code, is hereby 
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amended to read as follows: 
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ARTICLE 217-A. MALVERSATION OF RECLAIMED LANDS. -
ANY 
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PUBLIC OFFICER WHO AIDS, COOPERATES WITH, OR OTHERWISE 
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CONSENTS TO, THE TRANSFER OF RECLAIMED LANDS IN FAVOR OF 
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ANY PRIVATE CORPORATION, WITHOUT A LAW PASSED BY 
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CONGRESS AUTHORIZING ANY SUCH TRANSFER OF TITLE, SHALL BE 
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PUNISHABLE BY A PENALTY OF RECLUSION PERPETUA TO DEATH, IF 
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THE AGGREGATE AMOUNT OR TOTAL VALUE OF THE LAND IS AT 
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LEAST FIFTY MILLION PESOS (P50,OOO,OOO.OO). IN THE IMPOSITION OF 
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PENALTIES, THE DEGREE OF PARTICIPATION AND THE ATTENDANCE 
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OF 
MITIGATING 
AND 
EXTENUATING 
CIRCUMSTANCES, 
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PROVIDED IN THIS CODE, SHALL BE CONSIDERED BY THE COURT. 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provision of this Act is hereby repealed, modified or amended accordingly. 


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