Title
Removal of Illegal Waterway Encroachments
Law
Presidential Decree No. 296
Decision Date
Sep 18, 1973
A law enacted in 1973 by President Ferdinand E. Marcos to address the destructive effects of floods in the Philippines caused by illegal encroachments on waterways, requiring individuals to report and renounce possession of encroached areas or face penalties of fines, imprisonment, or deportation.
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Scope and Applicability

  • Applies to all persons, whether natural individuals or juridical entities, who have occupied or improved parts of rivers, creeks, esteros, or drainage channels before the decree's effectivity.

Mandatory Reporting and Relinquishment

  • Affected parties must report any improvements, reclamations, or encroachments to the Secretary of Public Works, Transportation and Communications via the Director of Public Works.
  • They are required to renounce possession of such portions or demolish any structures impairing water flow.
  • Compliance must occur within ninety (90) days from the effectivity date of the decree.

Penalties for Non-Compliance

  • Violators face a fine ranging from five thousand pesos (₱5,000) to ten thousand pesos (₱10,000).
  • Alternatively, imprisonment ranging from two (2) years to ten (10) years may be imposed.
  • Courts may impose both fines and imprisonment according to discretion.
  • For corporate entities, penalties target the responsible officer(s).
  • Alien officers found guilty are subject to additional deportation without further proceedings.

Legal Hierarchy and Repeal of Conflicting Laws

  • Any previous laws, decrees, rules, or regulations inconsistent with this decree are repealed or modified accordingly.

Effectivity

  • This decree took effect immediately upon its publication in the Official Gazette or a newspaper of general circulation in the Philippines.

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