Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 296)
Presidential Decree No. 296 is titled "Directing All Persons, Natural or Juridical, to Renounce Possession and Move Out of Portions of Rivers, Creeks, Esteros, Drainage Channels and Other Similar Waterways Encroached Upon by Them and Prescribing Penalty for Violation Hereof," dated September 18, 1973.
The primary purpose is to prevent and address illegal encroachments on rivers, creeks, esteros, and drainage channels that cause flooding by ordering the renouncement of possession and removal of structures obstructing these waterways.
All persons, whether natural or juridical, who have introduced improvements, reclaimed, or occupied portions of rivers, creeks, esteros, or drainage channels prior to the promulgation of this Decree.
They are required to report to the Secretary of Public Works, Transportation and Communications through the Director of Public Works any improvements, reclamations, or encroachments and to renounce possession or demolish structures obstructing the flow of water within ninety days from the effectivity of the Decree.
Non-compliance is punishable by a fine of not less than five thousand pesos nor more than ten thousand pesos, or imprisonment for not less than two years nor more than ten years, or both, at the discretion of the court.
The penalty shall be imposed upon the guilty officer or officers of the entity, and if they are aliens, they shall additionally be deported without further proceedings by the Commission of Immigration and Deportation.
Any existing laws, decrees, rules, and regulations inconsistent with this Decree are hereby repealed or modified accordingly.
It took effect immediately after publication in the Official Gazette or in a newspaper of general circulation in the country.
Because illegal encroachments on waterways worsen floods, which cause destruction and public calamity, and traditional legal proceedings for reacquisition of illegally acquired public domain were slow and ineffective.