FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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 registrabk. Public wafer 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, streams, 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. Penalizing 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. 
This is a senate counterpart bill to one filed in the House of Representatives by 
Rep. Michael John Duavit. 
JRIAM DEFE %"- 
OR S d T I A  


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE mLrppINEs 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALIZING THE APPROPRIATION, ENCROACHMENT, REGISTRATION 
AND TITLING OF CREEKS, ESTEROS, STREAMS, CANALS, RIVER 
BANKS AND OTHER PUBLIC WATERWAYS 
Be it enacted by the Senate and the House of Representatives of the Philippines 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. Declaration oprinciples. --It is the purpose of this Act to 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. 
SECTlON 3. Definition of Terms. - As used in this Act, the following terms shall 
mean: 
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; 
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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. 
SECTlON 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,OOO.OO or both shall be iniposed 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 Ofjcevs. - 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 BeneJits. -Any public officer against whom 
any criminal prosecution under a valid information covered in this Act in whatever stage 
of execution and mode of participation 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 
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laches. 
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SECTION 8. Separability Clause. - If any provisions of this Act or the 
application thereof to any person or circumstance are held involved or unconstitutional, 
the remaining provisions not otherwise declared as such shall not be affected thereby. 
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circulation. 
SECTION 9. Effectivity . - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in two (2) newspapers of general 
Approved, 
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