Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No.8538

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

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...

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 lands a crime punishable under the Penal
Code.

LUIS RAYMUNI Vill ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House BILL No.2938

JUIS RAYMUND “LRAY” FV

R’

ct

E, JR.

Introduced by HO!

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:

SECTION 1. Article 217 of Act No. 3815, otherwise known as the Penal Code, is hereby
amended to read as follows:

ARTICLE 217-A. MALVERSATION OF RECLAIMED LANDS. — ANY PUBLIC OFFICER
WHO AIDS, COOPERATES WITH, OR OTHERWISE CONSENTS TO, THE
TRANSFER OF RECLAIMED LANDS IN FAVOR OF ANY PRIVATE CORPORATION,
WITHOUT A LAW PASSED BY CONGRESS AUTHORIZING ANY SUCH TRANSFER
OF TITLE, SHALL BE PUNISHABLE BY A PENALTY OF RECLUSION PERPETUA TO
DEATH, IF THE AGGREGATE AMOUNT OR TOTAL VALUE OF THE LAND IS AT
LEAST FIFTY MILLION PESOS (P50,000,000.00). IN THE IMPOSITION OF
PENALTIES, THE DEGREE OF PARTICIPATION AND THE ATTENDANCE OF
MITIGATING AND EXTENUATING CIRCUMSTANCES, AS PROVIDED IN THIS CODE,
SHALL BE CONSIDERED BY THE COURT.

SECTION 2. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provision of this Act is hereby repealed, modified or amended
accordingly.

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

Approved,