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SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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OCT -3 P6:()2 
SENATE 
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S._N_O_. _1_B_21. _______ 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XII, Sections 2 and 3, provides: 
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 
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. 
This bill seeks to make malversation of reclaimed land a crime punishable under the 
Penal Code.' 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) 
First Regular Session 
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SENATE 
S.No. 1821 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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OCT -3 P6 :02 
MAKING THE MALVERSATION OF RECLAIMED LAND A CRIME, 
AMENDING FOR THIS PURPOSE 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. Act No. 3815, otherwise known as the Penal Code, is hereby amended by 
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adding Article 217-A after Article 217, to read as follows: 
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ARTICLE 217-A. MALVERSATION OF RECLAIMED LAND. -
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ANY PUBLIC OFFICER WHO AIDS, COOPERATES WITH, OR 
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OTHERWISE CONSENTS TO THE TRANSFER OF RECLAIMED LAND 
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IN FAVOR OF ANY PERSON, CORPORATION, PARTNERSHIP, 
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ASSOCIATION, OR ANY OTHER ENTITY WITHOUT A LAW PASSED 
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BY CONGRESS AUTHORIZING ANY SUCH TRANSFER OF TITLE, 
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SHALL BE PUNISHED WITH A PENALTY OF RECLUSION PERPETUA. 
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IN 
THE 
IMPOSITION 
OF 
PENALTIES, 
THE 
DEGREE 
OF 
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PARTICIPATION AND THE ATTENDANCE OF MITIGATING AND 
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EXTENUATING CIRCUMSTANCES, AS PROVIDED IN THIS CODE, 
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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 this Act is hereby repealed, modified, or amended accordingly. 


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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