-S£'lull f 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
f@lhrr of tip:! j>'rr"'fnr~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"13 
OCT 14 P5:27 
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 registrable.. 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 imd/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 encroach~d 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 ofthe 
value of land and prevent normal development and use ofthe area. 
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This bill seeks to provide penalties to those tillscrupulous 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 waterway,s., 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 bill was originally filed during the 14th Congress, First Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1'844 
Introduced by Senator Miriam Defensor Santiago 
'13 
OCT 14 P5:27 
1 
AN ACT 
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PENALIZING THE APPROPRIATION, ENCROACHMENT, REGISTRATION 
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AND TITLING OF CREEKS, ESTEROS, STREAMS, CANALS, RIVER BANKS AND 
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OTHER PUBLIC WATERWAYS 
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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 
. 
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public domain, waters, minerals, and other national resources belong to it and that acts 
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committed to circumvent or negate this provision shaH be considered inimical to the national 
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interest and subject to criminal and civil sanctions. 
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SECTION 2. Declaration of Purpose. - It is the purpose of this Act to prevent or curtail 
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the prevalent anomalous acts of encroachment, titling, andlor registration of esteros, creeks, 
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canals, streams, and other public waterways, consistent with public order and in furtherance of 
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national interests. 
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SECTION 3. Definition of Terms. - As used in this Act, the fallowing terms shall mean: 
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(A) 
"Person" includes any natural or juridical person, except in cases where the crime 
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is committed by a juridical person, the president or manager thereof shall be made liable; 
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(B) 
"Public officer" means any person holding any public office in the Government of 
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the Republic of the Philippines; 
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(C) 
"Registration andlor titling" means the act of acqui~ing a certificate of ownership 
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and/or recording with the Register of Deeds ownership andlor use of property; 
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(D) 
"Encroachment" means the entering into, invasion of, intrusion on or 
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infringement of a property not otherwise owned by the entrant; 
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" 
, ' 
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(E) 
"Appropriation" means the act of acquiring through any modes of acquisition of 
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ownership or contract, title andlor use of a property; and 
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(F) 
"Public Waterways" shall include streams, canals, creeks, esteros, and other 
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similar natural drainages or water channels. 
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SECTION 4. Penalties for Private Persons, - The penalty of imprisonment of not less 
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than six (6) months but not more than six (6) years, or a fine of not less than Twenty Thousand 
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Pesos (P20,000.00) but not more than Fifty Thousand Pesos (P50,000.00), or both, shall be 
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imposed on any person who: 
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(A) 
appropriates andlor encroaches upon any creek, canal, estero, stream and other 
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similar public waterways; or 
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(8) 
registers or otherwise acquires a title thereto. 
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SECTION 5. Penalties for Public Officers. - If the encroachment, registration, or titling 
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of such waterways is caused by a public officer or acquired with the public officer's assistance, 
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such public officer shall be liable for imprisonment of not less than six (6) years but not more 
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than twelve (12) years. 
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SECTION 6. Suspension and Loss of Benefits. - Any public officer against whom any 
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criminal prosecution under a valid information cover'ed in this Act in whatever stage of execution 
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and mode of participation is pending in court, shall be suspended from office. Should the public 
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officer be convicted by 'final judgment, the public officer shall lose all retirement and gratuity 
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benefits under any law, and shall suffer perpetual absolute disqualification from public office. In 
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case of acquittal, the public officer shall be entitled to reinstatement and to the salaries and other 
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benefits which the public officer failed to receive during the suspension. 
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SECTION 7. Prescription of the Crime. - The crime punishable under this Act shall 
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prescribe in twenty (20) years. However, the right of the State to recover ownership of the 
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waterways unlawfully acquired shall not be barred by estoppel, prescription, or laches. 
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SECTION 8. Separability Clause. - If any provision of this Act is declared invalid or 
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unconstitutional, the remainder ofthe Act shall remain valid and subsisting. 
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SECTION 9. Repealing Clause. - All laws, decrees, execu~ive orders, and issuances, or 
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portions thereof which are inconsistent with the provisions of this Act are hereby repealed, 
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amended, or modified accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (IS) days after its 
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complete publication in at least two (2) newspapers or general circulation. 
Approved, 
, 
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