Regulates dams in public navigable waters

The Secretary of Public Works and Communications may authorize the construction of a prohibited works-type project when public interests or safety so requires.
The Secretary may also authorize construction when it is absolutely necessary for the protection of private property.

When the Secretary finds, after due notice and hearing, that a dam, dike, or other work now existing or hereafter constructed encroaches into public navigable waters or waterways, the Secretary may order its removal.
When the Secretary finds that such works are constructed in areas declared as communal fishing grounds, the Secretary may similarly order removal.
The Secretary must give the party concerned a removal period not to exceed thirty days.

Fishpond constructions or works on communal fishing grounds introduced in good faith before the areas were proclaimed as fishing grounds are exempt from the Act’s provisions.
The exemption applies only if the fishpond constructions or works do not obstruct or impede the free passage of any navigable river or stream.
The exemption also applies only if the fishpond constructions or works would not cause inundations of agricultural areas.

If the party concerned fails to comply with the Secretary’s removal order within the period stated, the Secretary may effect removal at the expense of the said party.
The Secretary’s expense-based removal must be carried out within ten days following the expiration of the period given to the party.

The Secretary’s investigation and hearing under Section 2 must be terminated and decided within a period which shall not exceed ninety days.
The ninety-day period runs from the time the Secretary is notified in writing or from the time a written complaint is filed by any interested party apprising the Secretary of the encroachment and location in public navigable waters or communal fishing grounds.
The Secretary’s action must follow the due process requirement of notice and hearing before ordering removal.

The failure of the Secretary of Public Works and Communications, without justifiable or valid reason, to terminate and decide a case or effect removal under Section 2 constitutes an offense punishable under Section 3.

Removal shall not impair fishponds that are completed or about to be completed.
The protected fishponds must not encroach or obstruct any public navigable river or stream.
The protected fishponds must also not cause inundations of agricultural areas.
The protected works must have been constructed in good faith before the area was declared communal fishing grounds.

Any person who violates the Act’s provisions or fails to comply with a lawful removal order within the period given is punished by imprisonment of not less than six months or more than six years.
The penalty includes a fine of not less than five hundred pesos or more than six thousand pesos.
If the offender is the Secretary of Public Works and Communications, the law imposes perpetual absolute disqualification to hold any public office in addition to the fine and imprisonment specified in Section 3.

All Acts or parts of Acts, Executive Orders, rules and regulations inconsistent with the provisions of Republic Act No. 2056 are repealed.