QuestionsQuestions (Act No. 2152)
Subject to existing rights, public waters may be appropriated for beneficial use in the manner provided by the Act.
Appropriations are granted by the Secretary of Commerce and Police, upon recommendation and approval of an Irrigation Council.
It consists of five members: the Secretary of Commerce and Police (ex officio chairman); the chairman of the Committee on Agriculture of the Philippine Assembly; the Director of Public Works; the chairman of the Committee on Public Works of the Philippine Assembly; and one agriculturist appointed by the Governor-General.
Priority of appropriation gives the better right. Nonuser for five years extinguishes the claim of priority unless caused by force majeure.
(a) Domestic purposes; (b) Agricultural purposes or power development for agricultural purposes; (c) Industrial purposes; (d) Ponds for fisheries; (e) Mining purposes or milling connected with mining purposes.
The controversy is submitted to the Secretary of Commerce and Police through the Director of Public Works; his decision is final unless appealed to the proper court within 30 days. The court tries the controversy de novo.
He prepares a list of appropriations according to priority, publishes public notice to claimants, provides blank sworn forms to known claimants, examines and measures the stream/works/irrigated lands, compiles observations into official records and maps/plats, and then issues certificates of priority after the Secretary approves and publishes the approved list.
At least: (a) name/address; (b) nature of use or title; (c) date of commencement; and if for irrigation, (d) date of beginning survey; (e) date of beginning construction; (f) completion date; (g) enlargement dates; (h) ditch dimensions; (i) land irrigated in first year; (j) subsequent years with dates/amounts; (k) soil and crops; plus other facts showing compliance and the priority rank.
Failure to make the sworn statement within six months after notice (after the form requirement and 30-day submission notice mechanism) works a forfeiture of the claim, unless the Secretary extends the time for sufficient cause, not exceeding six additional months.
Appeal to the proper court within the Act’s timelines: controversies among claimants decided by the Secretary/Director must be appealed within 30 days after notification (Section 4); for actions regarding rights as determined from the approved list, Section 10 requires bringing action within 90 days after termination of publication, to the Court of First Instance of the province where the property is situated.
The Secretary’s certificates are transmitted to the proper Register of Deeds for recording in a special book. If recording fees are not paid within one year after receipt of notice, the claimant loses all right to the priority of appropriation as established.
The applicant must apply first. Prior to approval, the applicant is not authorized to perform any work for the use of the waters.
Any interested person may object within the time limit stated in the notice (not less than 30 nor more than 60 days beginning with the last day of newspaper publication), by filing a written protest with reasons. The Director investigates, the Secretary decides, and the Secretary’s decision is appealable under Section 4.
If the person entitled fails to beneficially use all or any part of claimed water for five years without sufficient reason, the Secretary may declare the unused water reverted to the public and unappropriated.
Yes. No appropriator may make use for any other purpose nor change diversion/storage/use/restoration or works necessary for use without the approval of the Secretary of Commerce and Police, and such changes must not be to the detriment of existing rights.
After final approval of the priority list, appropriators may form an irrigators’ association. It can appoint a caretaker and issue regulations approved by the Secretary (or deemed approved if no objection within 60 days). For caretaker decisions on controversies, appeal lies to the Secretary within the time and manner prescribed by regulations.
Ditch owners ordered to build head gates and measuring devices must comply within 90 days or the Director may refuse to deliver water or extend time. Unauthorized disturbance after lock constitutes misdemeanor, and water use through disturbed devices is prima facie evidence of guilt of the person benefited.
Violations declared misdemeanors are punished by fine not exceeding 200 pesos or imprisonment not exceeding six months, within the jurisdiction of the municipal justice of the peace. Violations declared to be crimes are punished under the Penal Code, with action filed in the Court of First Instance where committed.