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PRESIDENTIAL DECREE NO. 296
PRESIDENTIAL DECREE NO. 296 -
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
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chanroblesvirtualawlibrary
WHEREAS,
floods are among the most destructive of natural calamities, in the
wake of chain reactions invariably lead to misery, pestilence,
privation, hunger and want;chanroblesvirtualawlibrary
WHEREAS, the ever-worsening floods in the country today are to a great
extent caused by unabated illegal encroachments on rivers, creeks,
esteros and other drainage channels, resulting in the constriction and
partial or complete closure thereof and the corresponding reduction of
drainage capacity;chanroblesvirtualawlibrary
WHEREAS, such illegal encroachments have been prevalent in the past by
enlarging the areas covered by titles or certificates of ownership
brought about by consolidation and subdivision surveys and resurveys;chanroblesvirtualawlibrary
WHEREAS, in the interest of the general public it is imperative that
such portions of the public domain illegally acquired must be returned
to the State for the purpose which nature has intended for them; and
WHEREAS, past experiences show that reacquisition or expropriation
proceedings have been slow and tedious, dragging on for years to the
detriment of the general welfare;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, do hereby order and decree the
following:cralaw:red
Section 1. Any person, whether natural or juridical,
who, prior to the promulgation of this decree, may be introduced
improvements on or reclaimed and occupied portions of rivers, creeks,
esteros or drainage channels, is hereby directed to report to the
Secretary of Public Works, Transportation and Communications, through
the Director of Public Works, any and all such improvements,
reclamation or encroachments and to renounce possession thereof, or
demolish structures or improvements which to the promulgation of this
decree, may have introduced tend to obstruct the flow of water through
rivers, creeks, esteros and drainage channels, within ninety (90) days
from the effectivity of this Decree.
Section 2. Non-compliance with the provisions of this
Decree shall be punished 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 such fine and imprisonment, in
the discretion of the court: Provided, That if the offender is a
corporation, firm, partnership or association, the penalty shall be
imposed upon the guilty officer or officers, as the case may be, of the
corporation, firm, partnership or association, and if such guilty
officer or officers are aliens, in addition to the penalty herein
prescribed, he or they shall be deported without further proceedings on
the part of the Commission of Immigration and Deportation.
Section 3. Any provision of existing laws, decrees,
rules and regulations inconsistent with this Decree are hereby repealed
or modified accordingly.
Section 4. This Decree shall take effect immediately
after publication in the Official Gazette or in a newspaper of general
circulation in the country.
Done in the City of Manila,
this 18th day of September, in the year of Our Lord, nineteen hundred
and seventy-three.
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