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REPUBLIC ACT NO.

4726 June 18, 1966 (g) The following plans shall be appended to the deed as integral parts
thereof:
AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS
FOR ITS CREATION, AND GOVERN ITS INCIDENTS. (1) A survey plan of the land included in the project, unless a survey plan
of the same property had previously bee filed in said office;
Sec. 1. The short title of this Act shall be "The Condominium Act".
(2) A diagrammatic floor plan of the building or buildings in the project,
in sufficient detail to identify each unit, its relative location and
Sec. 2. A condominium is an interest in real property consisting of separate interest in
approximate dimensions;
a unit in a residential, industrial or commercial building and an undivided interest in
common, directly or indirectly, in the land on which it is located and in other
common areas of the building. A condominium may include, in addition, a separate (h) Any reasonable restriction not contrary to law, morals or public policy
interest in other portions of such real property. Title to the common areas, including regarding the right of any condominium owner to alienate or dispose of his
the land, or the appurtenant interests in such areas, may be held by a corporation condominium.
specially formed for the purpose (hereinafter known as the "condominium
corporation") in which the holders of separate interest shall automatically be members
The enabling or master deed may be amended or revoked upon registration
or shareholders, to the exclusion of others, in proportion to the appurtenant interest of
of an instrument executed by the registered owner or owners of the
their respective units in the common areas.
property and consented to by all registered holders of any lien or
encumbrance on the land or building or portion thereof. The term
The real right in condominium may be ownership or any other interest in real "registered owner" shall include the registered owners of condominiums in
property recognized by law, on property in the Civil Code and other pertinent laws. the project. Until registration of a revocation, the provisions of this Act
shall continue to apply to such property.
Sec. 3. As used in this Act, unless the context otherwise requires:
Sec. 5. Any transfer or conveyance of a unit or an apartment, office or
store or other space therein, shall include the transfer or conveyance of the
(a) "Condominium" means a condominium as defined in the next preceding section.
undivided interests in the common areas or, in a proper case, the
membership or shareholdings in the condominium corporation:
(b) "Unit" means a part of the condominium project intended for any type of Provided, however, That where the common areas in the condominium
independent use or ownership, including one or more rooms or spaces located in one project are owned by the owners of separate units as co-owners thereof, no
or more floors (or part or parts of floors) in a building or buildings and such condominium unit therein shall be conveyed or transferred to persons
accessories as may be appended thereto. other than Filipino citizens, or corporations at least sixty percent of the
capital stock of which belong to Filipino citizens, except in cases of
(c) "Project" means the entire parcel of real property divided or to be divided in hereditary succession. Where the common areas in a condominium project
condominiums, including all structures thereon, are held by a corporation, no transfer or conveyance of a unit shall be valid
if the concomitant transfer of the appurtenant membership or stockholding
in the corporation will cause the alien interest in such corporation to
(d) "Common areas" means the entire project excepting all units separately granted or exceed the limits imposed by existing laws.
held or reserved.
Sec. 6. Unless otherwise expressly provided in the enabling or master deed
(e) "To divide" real property means to divide the ownership thereof or other interest or the declaration of restrictions, the incidents of a condominium grant are
therein by conveying one or more condominiums therein but less than the whole as follows:
thereof.
(a) The boundary of the unit granted are the interior surfaces of the
Sec. 4. The provisions of this Act shall apply to property divided or to be divided into perimeter walls, floors, ceilings, windows and doors thereof. The
condominiums only if there shall be recorded in the Register of Deeds of the province following are not part of the unit bearing walls, columns, floors, roofs,
or city in which the property lies and duly annotated in the corresponding certificate foundations and other common structural elements of the building; lobbies,
of title of the land, if the latter had been patented or registered under either the Land stairways, hallways, and other areas of common use, elevator equipment
Registration or Cadastral Acts, an enabling or master deed which shall contain, and shafts, central heating, central refrigeration and central
among others, the following: air-conditioning equipment, reservoirs, tanks, pumps and other central
services and facilities, pipes, ducts, flues, chutes, conduits, wires and other
(a) Description of the land on which the building or buildings and improvements are utility installations, wherever located, except the outlets thereof when
or are to be located; located within the unit.

(b) Description of the building or buildings, stating the number of stories and (b) There shall pass with the unit, as an appurtenance thereof, an exclusive
basements, the number of units and their accessories, if any; easement for the use of the air space encompassed by the boundaries of the
unit as it exists at any particular time and as the unit may lawfully be
altered or reconstructed from time to time. Such easement shall be
(c) Description of the common areas and facilities; automatically terminated in any air space upon destruction of the unit as to
render it untenantable.
(d) A statement of the exact nature of the interest acquired or to be acquired by the
purchaser in the separate units and in the common areas of the condominium project. (c) Unless otherwise, provided, the common areas are held in common by
Where title to or the appurtenant interests in the common areas is or is to be held by a the holders of units, in equal shares, one for each unit.
condominium corporation, a statement to this effect shall be included;
(d) A non-exclusive easement for ingress, egress and support through the
(e) Statement of the purposes for which the building or buildings and each of the units common areas is appurtenant to each unit and the common areas are
are intended or restricted as to use; subject to such easements.

(f) A certificate of the registered owner of the property, if he is other than those (e) Each condominium owner shall have the exclusive right to paint,
executing the master deed, as well as of all registered holders of any lien or repaint, tile, wax, paper or otherwise refinish and decorate the inner
encumbrance on the property, that they consent to the registration of the deed;

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surfaces of the walls, ceilings, floors, windows and doors bounding his own unit. (2) For maintenance of insurance policies, insuring condominium owners
against loss by fire, casualty, liability, workmen's compensation and other
insurable risks, and for bonding of the members of any management body;
(f) Each condominium owner shall have the exclusive right to mortgage, pledge or
encumber his condominium and to have the same appraised independently of the
other condominiums but any obligation incurred by such condominium owner is (3) Provisions for maintenance, utility, gardening and other services
personal to him. benefiting the common areas, for the employment of personnel necessary
for the operation of the building, and legal, accounting and other
professional and technical services;
(g) Each condominium owner has also the absolute right to sell or dispose of his
condominium unless the master deed contains a requirement that the property be first
offered to the condominium owners within a reasonable period of time before the (4) For purchase of materials, supplies and the like needed by the common
same is offered to outside parties; areas;

Sec. 7. Except as provided in the following section, the common areas shall remain (5) For payment of taxes and special assessments which would be a lien
undivided, and there shall be no judicial partition thereof. upon the entire project or common areas, and for discharge of any lien or
encumbrance levied against the entire project or the common areas;
Sec. 8. Where several persons own condominiums in a condominium project, an
action may be brought by one or more such persons for partition thereof by sale of the (6) For reconstruction of any portion or portions of any damage to or
entire project, as if the owners of all of the condominiums in such project were destruction of the project;
co-owners of the entire project in the same proportion as their interests in the
common areas: Provided, however, That a partition shall be made only upon a
(7) The manner for delegation of its powers;
showing:

(8) For entry by its officers and agents into any unit when necessary in
(a) That three years after damage or destruction to the project which renders material connection with the maintenance or construction for which such body is
part thereof unit for its use prior thereto, the project has not been rebuilt or repaired responsible;
substantially to its state prior to its damage or destruction, or

(9) For a power of attorney to the management body to sell the entire
(b) That damage or destruction to the project has rendered one-half or more of the project for the benefit of all of the owners thereof when partition of the
units therein untenantable and that condominium owners holding in aggregate more project may be authorized under Section 8 of this Act, which said power
than thirty percent interest in the common areas are opposed to repair or restoration of shall be binding upon all of the condominium owners regardless of
the project; or whether they assume the obligations of the restrictions or not.

(c) That the project has been in existence in excess of fifty years, that it is obsolete
(b) The manner and procedure for amending such restrictions: Provided,
and uneconomic, and that condominium owners holding in aggregate more than fifty
That the vote of not less than a majority in interest of the owners is
percent interest in the common areas are opposed to repair or restoration or
obtained.
remodeling or modernizing of the project; or

(c) For independent audit of the accounts of the management body;


(d) That the project or a material part thereof has been condemned or expropriated
and that the project is no longer viable, or that the condominium owners holding in
aggregate more than seventy percent interest in the common areas are opposed to (d) For reasonable assessments to meet authorized expenditures, each
continuation of the condominium regime after expropriation or condemnation of a condominium unit to be assessed separately for its share of such expenses
material portion thereof; or in proportion (unless otherwise provided) to its owners fractional interest
in any common areas;
(e) That the conditions for such partition by sale set forth in the declaration of
restrictions, duly registered in accordance with the terms of this Act, have been met. (e) For the subordination of the liens securing such assessments to other
liens either generally or specifically described;
Sec. 9. The owner of a project shall, prior to the conveyance of any condominium
therein, register a declaration of restrictions relating to such project, which restrictions (f) For conditions, other than those provided for in Sections eight and
shall constitute a lien upon each condominium in the project, and shall insure to and thirteen of this Act, upon which partition of the project and dissolution of
bind all condominium owners in the project. Such liens, unless otherwise provided, the condominium corporation may be made. Such right to partition or
may be enforced by any condominium owner in the project or by the management dissolution may be conditioned upon failure of the condominium owners
body of such project. The Register of Deeds shall enter and annotate the declaration to rebuild within a certain period or upon specified inadequacy of
of restrictions upon the certificate of title covering the land included within the insurance proceeds, or upon specified percentage of damage to the
project, if the land is patented or registered under the Land Registration or Cadastral building, or upon a decision of an arbitrator, or upon any other reasonable
Acts. condition.

The declaration of restrictions shall provide for the management of the project by Sec. 10. Whenever the common areas in a condominium project are held
anyone of the following management bodies: a condominium corporation, an by a condominium corporation, such corporation shall constitute the
association of the condominium owners, a board of governors elected by management body of the project. The corporate purposes of such a
condominium owners, or a management agent elected by the owners or by the board corporation shall be limited to the holding of the common areas, either in
named in the declaration. It shall also provide for voting majorities quorums, notices, ownership or any other interest in real property recognized by law, to the
meeting date, and other rules governing such body or bodies. management of the project, and to such other purposes as may be
necessary, incidental or convenient to the accomplishment of said
purposes. The articles of incorporation or by-laws of the corporation shall
Such declaration of restrictions, among other things, may also provide:
not contain any provision contrary to or inconsistent with the provisions of
this Act, the enabling or master deed, or the declaration of restrictions of
(a) As to any such management body; the project. Membership in a condominium corporation, regardless of
whether it is a stock or non-stock corporation, shall not be transferable
separately from the condominium unit of which it is an appurtenance.
(1) For the powers thereof, including power to enforce the provisions of the
When a member or stockholder ceases to own a unit in the project in
declarations of restrictions;
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which the condominium corporation owns or holds the common areas, he shall Sec. 17. Any provision of the Corporation Law to the contrary
automatically cease to be a member or stockholder of the condominium corporation. notwithstanding, the by-laws of a condominium corporation shall provide
that a stockholder or member shall not be entitled to demand payment of
his shares or interest in those cases where such right is granted under the
Sec. 11. The term of a condominium corporation shall be co-terminus with the
Corporation Law unless he consents to sell his separate interest in the
duration of the condominium project, the provisions of the Corporation Law to the
project to the corporation or to any purchaser of the corporation's choice
contrary notwithstanding.
who shall also buy from the corporation the dissenting member or
stockholder's interest. In case of disagreement as to price, the procedure
Sec. 12. In case of involuntary dissolution of a condominium corporation for any of set forth in the appropriate provision of the Corporation Law for valuation
the causes provided by law, the common areas owned or held by the corporation shall, of shares shall be followed. The corporation shall have two years within
by way of liquidation, be transferred pro-indiviso and in proportion to their interest in which to pay for the shares or furnish a purchaser of its choice from the
the corporation to the members or stockholders thereof, subject to the superior rights time of award. All expenses incurred in the liquidation of the interest of
of the corporation creditors. Such transfer or conveyance shall be deemed to be a full the dissenting member or stockholder shall be borne by him.
liquidation of the interest of such members or stockholders in the corporation. After
such transfer or conveyance, the provisions of this Act governing undivided
Sec. 18. Upon registration of an instrument conveying a condominium, the
co-ownership of, or undivided interest in, the common areas in condominium projects
Register of Deeds shall, upon payment of the proper fees, enter and
shall fully apply.
annotate the conveyance on the certificate of title covering the land
included within the project and the transferee shall be entitled to the
Sec. 13. Until the enabling or the master deed of the project in which the issuance of a "condominium owner's" copy of the pertinent portion of such
condominium corporation owns or holds the common area is revoked, the corporation certificate of title. Said "condominium owner's" copy need not reproduce
shall not be voluntarily dissolved through an action for dissolution under Rule 104 of the ownership status or series of transactions in force or annotated with
the Rules of Court except upon a showing: respect to other condominiums in the project. A copy of the description of
the land, a brief description of the condominium conveyed, name and
personal circumstances of the condominium owner would be sufficient for
(a) That three years after damage or destruction to the project in which the purposes of the "condominium owner's" copy of the certificate of title. No
corporation owns or holds the common areas, which damage or destruction renders a
conveyance of condominiums or part thereof, subsequent to the original
material part thereof unfit for its use prior thereto, the project has not been rebuilt or conveyance thereof from the owner of the project, shall be registered
repaired substantially to its state prior to its damage or destruction; or unless accompanied by a certificate of the management body of the project
that such conveyance is in accordance with the provisions of the
(b) That damage or destruction to the project has rendered one-half or more of the declaration of restrictions of such project.
units therein untenantable and that more than thirty percent of the members of the
corporation, if non-stock, or the shareholders representing more than thirty percent of
In cases of condominium projects registered under the provisions of the
the capital stock entitled to vote, if a stock corporation, are opposed to the repair or Spanish Mortgage Law or Act 3344, as amended, the registration of the
reconstruction of the project, or deed of conveyance of a condominium shall be sufficient if the Register of
Deeds shall keep the original or signed copy thereof, together with the
(c) That the project has been in existence in excess of fifty years, that it is obsolete certificate of the management body of the project, and return a copy of the
and uneconomical, and that more than fifty percent of the members of the corporation, deed of conveyance to the condominium owner duly acknowledge and
if non-stock, or the stockholders representing more than fifty percent of the capital stamped by the Register of Deeds in the same manner as in the case of
stock entitled to vote, if a stock corporation, are opposed to the repair or restoration or registration of conveyances of real property under said laws.
remodeling or modernizing of the project; or
Sec. 19. Where the enabling or master deed provides that the land included
(d) That the project or a material part thereof has been condemned or expropriated within a condominium project are to be owned in common by the
and that the project is no longer viable, or that the members holding in aggregate condominium owners therein, the Register of Deeds may, at the request of
more than seventy percent interest in the corporation, if non-stock, or the stockholders all the condominium owners and upon surrender of all their "condominium
representing more than seventy percent of the capital stock entitled to vote, if a stock owner's" copies, cancel the certificates of title of the property and issue a
corporation, are opposed to the continuation of the condominium regime after new one in the name of said condominium owners as pro-indiviso
expropriation or condemnation of a material portion thereof; or co-owners thereof.

(e) That the conditions for such a dissolution set forth in the declaration of restrictions Sec. 20. An assessment upon any condominium made in accordance with
of the project in which the corporation owns of holds the common areas, have been a duly registered declaration of restrictions shall be an obligation of the
met. owner thereof at the time the assessment is made. The amount of any such
assessment plus any other charges thereon, such as interest, costs
(including attorney's fees) and penalties, as such may be provided for in
Sec. 14. The condominium corporation may also be dissolved by the affirmative vote the declaration of restrictions, shall be and become a lien upon the
of all the stockholders or members thereof at a general or special meeting duly called condominium assessed when the management body causes a notice of
for the purpose: Provided, That all the requirements of Section sixty-two of the assessment to be registered with the Register of Deeds of the city or
Corporation Law are complied with. province where such condominium project is located. The notice shall
state the amount of such assessment and such other charges thereon a may
Sec. 15. Unless otherwise provided for in the declaration of restrictions upon be authorized by the declaration of restrictions, a description of the
voluntary dissolution of a condominium corporation in accordance with the condominium, unit against which same has been assessed, and the name of
provisions of Sections thirteen and fourteen of this Act, the corporation shall be the registered owner thereof. Such notice shall be signed by an authorized
deemed to hold a power of attorney from all the members or stockholders to sell and representative of the management body or as otherwise provided in the
dispose of their separate interests in the project and liquidation of the corporation declaration of restrictions. Upon payment of said assessment and charges
shall be effected by a sale of the entire project as if the corporation owned the whole or other satisfaction thereof, the management body shall cause to be
thereof, subject to the rights of the corporate and of individual condominium registered a release of the lien.
creditors.
Such lien shall be superior to all other liens registered subsequent to the
Sec. 16. A condominium corporation shall not, during its existence, sell, exchange, registration of said notice of assessment except real property tax liens and
lease or otherwise dispose of the common areas owned or held by it in the except that the declaration of restrictions may provide for the
condominium project unless authorized by the affirmative vote of all the stockholders subordination thereof to any other liens and encumbrances.
or members.

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Such liens may be enforced in the same manner provided for by law for the judicial or
extra-judicial foreclosure of mortgages of real property. Unless otherwise provided
for in the declaration of restrictions, the management body shall have power to bid at
foreclosure sale. The condominium owner shall have the same right of redemption as
in cases of judicial or extra-judicial foreclosure of mortgages.

Sec. 21. No labor performed or services or materials furnished with the consent of or
at the request of a condominium owner or his agent or his contractor or subcontractor,
shall be the basis of a lien against the condominium of any other condominium owner,
unless such other owners have expressly consented to or requested the performance of
such labor or furnishing of such materials or services. Such express consent shall be
deemed to have been given by the owner of any condominium in the case of
emergency repairs of his condominium unit. Labor performed or services or materials
furnished for the common areas, if duly authorized by the management body provided
for in a declaration of restrictions governing the property, shall be deemed to be
performed or furnished with the express consent of each condominium owner. The
owner of any condominium may remove his condominium from a lien against two or
more condominiums or any part thereof by payment to the holder of the lien of the
fraction of the total sum secured by such lien which is attributable to his
condominium unit.

Sec. 22. Unless otherwise provided for by the declaration of restrictions, the
management body, provided for herein, may acquire and hold, for the benefit of the
condominium owners, tangible and intangible personal property and may dispose of
the same by sale or otherwise; and the beneficial interest in such personal property
shall be owned by the condominium owners in the same proportion as their respective
interests in the common areas. A transfer of a condominium shall transfer to the
transferee ownership of the transferor's beneficial interest in such personal property.

Sec. 23. Where, in an action for partition of a condominium project or for the
dissolution of condominium corporation on the ground that the project or a material
part thereof has been condemned or expropriated, the Court finds that the conditions
provided for in this Act or in the declaration of restrictions have not been met, the
Court may decree a reorganization of the project, declaring which portion or portions
of the project shall continue as a condominium project, the owners thereof, and the
respective rights of said remaining owners and the just compensation, if any, that a
condominium owner may be entitled to due to deprivation of his property. Upon
receipt of a copy of the decree, the Register of Deeds shall enter and annotate the
same on the pertinent certificate of title.

Sec. 24. Any deed, declaration or plan for a condominium project shall be liberally
construed to facilitate the operation of the project, and its provisions shall be
presumed to be independent and severable.

Sec. 25. Whenever real property has been divided into condominiums, each
condominium separately owned shall be separately assessed, for purposes of real
property taxation and other tax purposes to the owners thereof and the tax on each
such condominium shall constitute a lien solely thereon.

Sec. 26. All Acts or parts of Acts in conflict or inconsistent with this Act are hereby
amended insofar as condominium and its incidents are concerned.

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PRESIDENTIAL DECREE No. 1067 December 31, 1976 CHAPTER II
OWNERSHIP OF WATERS
A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND
CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, Article 5. The following belong to the State:
APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT,
CONSERVATION AND PROTECTION OF WATER RESOURCES
(a) Rivers and their natural beds;

WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines


(b) Continuous or intermittent waters of springs and brooks running in
provides, inter alia, that all waters of the Philippines belong to the State;
their natural beds and the beds themselves;

WHEREAS, existing water legislations are piece-meal and inadequate to cope with
(c) Natural lakes and lagoons;
increasing scarcity of water and changing patterns of water use;

(d) All other categories of surface waters such as water flowing over lands,
WHEREAS, there is a need for a Water Code based on rational concepts or integrated
water from rainfall whether natural, or artificial, and water from
and multipurpose management of water resources and sufficiently flexible to
agriculture runoff, seepage and drainage;
adequately meet future developments;

(e) Atmospheric water;


WHEREAS, water is vital to national development and it has become increasingly
necessary for government to intervene actively in improving the management of
water resources; (f) Subterranean or ground waters; and,

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by (g) Seawater.


virtue of the powers in me vested by the Constitution, do hereby order and decree the
enactment of the water Code of the Philippines of 1976, as follows:
Article 6. The following waters found on private lands belong to the State:

CHAPTER I
DECLARATION OF OBJECTIVES AND PRINCIPLES (a) Continuous or intermittent waters rising on such lands;

(b) Lakes and lagoons naturally occuring on such lands;


Article 1. This Code shall be known as The Water Code of the Philippines.

Article 2. The objectives of this Code are: (c) Rain water falling on such lands;

(a) To establish the basic principles and framework relating to the appropriation, (d) Subterranean or ground waters; and,
control and conservation of water resources to achieve the optimum development and
rational utilization of these resources; (e) Water in swamps and marshes.

(b) To define the extent of the rights and obligations of water users and owners The owner of the land where the water is found may use the same for
including the protection and regulation of such rights; domestic purposes without securing a permit, provided that such use shall
be registered, when required by the Council. The Council, however, may
(c) To adopt a basic law governing the ownership, appropriation, utilization, regulate such when there is wastage, or in times of emergency.
exploitation, development, conservation and protection of water resources and rights
to land related thereto; and Article 7. Subject to the provisions of this Code, any person who captures
or collects water by means of cisterns, tanks, or pools shall have exclusive
control over such water and the right to dispose of the same.
(d) To identify the administrative agencies which will enforce this Code.

Article 3. The underlying principles of this code are: Article 8. Water legally appropriated shall be subject to the control of the
appropriator from the moment it reaches the appropriator's canal or
aqueduct leading to the place where the water will be used or stored and,
(a) All waters belong to the State. thereafter, so long as it is being beneficially used for the purposes for
which it was appropriated.
(b) All waters that belong to the State can not be the subject to acquisitive
prescription. CHAPTER III
APPROPRIATION OF WATERS
(c) The State may allow the use or development of waters by administrative
concession. Article 9. Waters may be appropriated and used in accordance with the
provisions of this Code.
(d) The utilization, exploitation, development, conservation and protection of water
resources shall be subject to the control and regulation of the government through the Appropriation of water, as used in this Code, is the acquisition of rights
National Water Resources Council, hereinafter referred to as the Council. over the use of waters or the taking or diverting of waters from a natural
source in the manner and for any purpose allowed by law.
(e) Preference in the use and development of waters shall consider current usages and
be responsive to the changing needs of the country. Article 10. Water may be appropriated for the following purposes:

Article 4. Waters, as used in this Code, refers to water under the grounds, water (a) Domestic
above the ground, water in the atmosphere and the waters of the sea within the
territorial jurisdiction of the Philippines.
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(b) Municipal (b) Bathing or washing, watering or dipping of domestic or farm animals,
and navigation of watercrafts or transportation of logs and other objects by
flotation.
(c) Irrigation

Article 15. Only citizens of the Philippines, of legal age, as well as


(d) Power generation
juridical persons, who are duly qualified by law to exploit and develop
water resources, may apply for water permits.
(e) Fisheries
Article 16. Any person who desires to obtain a water permit shall file an
(f) Livestock raising application with the Council who shall make known said application to the
public for any protests.
(g) Industrial
In determining whether to grant or deny an application, the Council shall
consider the following: protests filed, if any; prior permits granted; the
(h) Recreational, and availability of water; the water supply needed for beneficial use; possible
adverse effects; land-use economics; and other relevant factors.
(i) Other purposes
Upon approval of an application, a water permit shall be issued and
Use of water for domestic purposes is the utilization of water for drinking, washing, recorded.
bathing, cooking or other household needs, home gardens, and watering of lawns or
domestic animals. Article 17. The right to the use of water is deemed acquired as of the date
of filing of the application for a water permit in case of approved permits,
Use of water for municipal purposes is the utilization of water for supplying the water or as of the date of actual use in a case where no permit is required.
requirements of the community.
Article 18. All water permits granted shall be subject to conditions of
Use of water for irrigation is the utilization of water for producing agricultural crops. beneficial use, adequate standards of design and construction, and such
other terms and conditions as may be imposed by the Council.
Use of water for power generation is the utilization of water for producing electrical
or mechanical power. Such permits shall specify the maximum amount of water which may be
diverted or withdrawn, the maximum rate of diversion or withdrawal, the
time or times during the year when water may be diverted or withdrawn,
Use of water for fisheries is the utilization of water for the propagation and culture of the points or points of diversion or location of wells, the place of use, the
fish as a commercial enterprise. purposes of which water may be used and such other requirements the
Council deems desirable.
Use of water for livestock raising is the utilization of water for large herds or flocks
of animals raised as a commercial enterprise. Article 19. Water rights may be leaded or transferred in whole or in part to
another person with prior approval of the Council, after due notice and
Use of water for industrial purposes is the utilization of water in factories, industrial hearing.
plants and mines, including the use of water as an ingredient of a finished product.
Article 20. The measure and limit of appropriation of water shall be
Use of water for recreational purposes is the utilization of water for swimming pools, beneficial use.
bath houses, boating, water skiing, golf courses and other similar facilities in resorts
and other places of recreation. Beneficial use of water is the utilization of water in the right amount
during the period that the water is needed for producing the benefits for
Article 11. The State, for reasons of public policy, may declare waters not previously which the water is appropriated.
appropriated, in whole or in part, exempt from appropriation for any or all purposes
and, thereupon, such waters may not be appropriated for those purposes. Article 21. Standards of beneficial use shall be prescribed by the council
for the appropriator of water for different purposes and conditions, and the
Article 12. Waters appropriated for a particular purpose may be applied for another use of waters which are appropriated shall be measured and controlled in
purpose only upon prior approval of the Council and on condition that the new use accordance therewith.
does not unduly prejudice the rights of other permittees, or require an increase in the
volume of water. Excepting for domestic use, every appropriator of water shall maintain
water control and measuring devices, and keep records of water
Article 13. Except as otherwise herein provided, no person, including government withdrawal. When required by the Council, all appropriators of water shall
instrumentalities or government-owned or controlled corporations, shall appropriate furnish information on water use.
water without a water right, which shall be evidenced by a document known as a
water permit. Article 22. Between two or more appropriators of water from the same
sources of supply, priority in time of appropriation shall give the better
Water right is the privilege granted by the government to appropriate and use water. right, except that in times of emergency the use of water for domestic and
municipal purposes shall have a better right over all other uses; Provided,
the where water shortage is recurrent and the appropriator for municipal
Article 14. Subject to the provisions of this Code concerning the control, protection, use has a lower priority in time of appropriation, then it shall be his duty to
conservation, and regulation of the appropriation and use of waters, any person may find an alternative source of supply in accordance with conditions
appropriate or use natural bodies of water without securing a water permit for any of prescribed by the Council.
the following:

Article 23. Priorities may be altered on grounds of greater beneficial use,


(a) Appropriation of water by means of handcarried receptacles; and multi-purpose use, and other similar grounds after due notice and hearing,
subject to payment of compensation is proper cases.
PROPERTY 6
Article 24. A water right shall be exercised in such a manner that the rights of third Article 33. Water contained in open canals, aqueducts or reservoirs of
persons or of other appropriators are not prejudiced thereby. private persons may be used by any person for domestic purpose or for
watering plants as long as the water is withdrawn by manual methods
without checking the stream or damaging the canal, aqueduct or reservoir;
Article 25. A holder of water permit may demand the establishment of easements
Provided, That this right may be restricted by the owner should it result in
necessary for the construction and maintenance of the works and facilities needed for
loss or injury to him.
the beneficial use of the waters to be appropriated subject to the requirements of just
compensation and to the following conditions:
Article 34. A water permittee or appropriator may use any watercourse to
convey water to another point in the watercourse for the purpose stated in
(a) That he is the owner, lessee, mortgagee or one having real right over the land upon
a permit and such water may be diverted or recaptured at that point by said
which he proposes to use water; and
permittee in the same amount less allowance for normal losses in transit.

(b) That the proposed easement is the most convenient and the least onerous to the
Article 35. Works for the storage, diversion, distribution and utilization of
servient estate.
water resources shall contain adequate provision for the prevention and
control of diseases that may be induced or spread by such works when
Easements relating to the appropriation and use of waters may be modified by required by the Council.
agreement of the contracting parties provided the same is not contrary to law or
prejudicial to third persons.
Article 36. When the reuse of waste water is feasible, it shall be limited as
much as possible, to such uses other than direct human consumption. No
Article 26. Where water shortage is recurrent, the use of the water pursuant to a person or agency shall distribute such water for public consumption until
permit may, in the interest of equitable distribution of the benefits among legal it is demonstrated that such consumption will not adversely affect the
appropriators, reduce after due notice and hearing. health and safety of the public.

Article 27. Water users shall bear the diminution of any water supply due to natural Article 37. In the construction and operation of hydraulic works, due
causes or force majeure. consideration shall be given to the preservation of scenic places and
historical relics and, in addition to the provisions of existing laws, no
works that would required the destruction or removal of such places or
Article 28. Water permits shall continue to be valid as long as water is beneficially relics shall be undertaken without showing that the distribution or removal
used; however, it maybe suspended on the grounds of non-compliance with approved
is necessary and unaviodable.
plans and specifications or schedules of water distribution; use of water for a purpose
other than that for which it was granted; non-payment of water charges; wastage;
failure to keep records of water diversion, when required; and violation of any term or Article 38. Authority for the construction of dams, bridges and other
condition of any permit or rules and regulations promulgated by the Council. structures across of which may interfere with the flow of navigable or
flotable waterways shall first be secured from the Department of Public
Works, Transportation and Communications.
Temporary permits may be issued for the appropriation and use of water for short
periods under special circumstances.
Article 39. Except in cases of emergency to save life or property, the
construction or repair of the following works shall be undertaken only
Article 29. Water permits may be revoked after due notice and hearing on grounds of
after the plans and specifications therefor, as may be required by the
non-use; gross violation of the conditions imposed in the permit; unauthorized sale of Council, are approved by the proper government agency; dams for the
water; willful failure or refusal to comply with rules and regulations of any lawful diversion or storage of water; structures for the use of water power,
order; pollution, public nuisance or acts detrimental to public health and safety; when
installations for the utilization of subterranean or ground water and other
the appropriator is found to be disqualified under the law to exploit and develop structures for utilization of water resources.
natural resources of the Philippines; when, in the case, of irrigation, the land is
converted to non-agricultural purposes; and other similar grounds.
Article 40. No excavation for the purpose of emission of a hot spring or
for the enlargement of the existing opening thereof shall be made without
Article 30. All water permits are subject to modification or cancellation by the prior permit.
council, after due notice and hearing, in favor of a project of greater beneficial use or
for multi-purpose development, and a water permittee who suffers thereby shall be
duly compensated by the entity or person in whose favor the cancellation was made. Any person or agency who intends to develop a hot spring for human
consumption must first obtain a permit from the Department of Health.
CHAPTER IV
UTILIZATION OF WATERS Article 41. No person shall develop a stream, lake, or spring for
recreational purposes without first securing a permit from the Council.
Article 31. Preference in the development of water resources shall consider security
of the State, multiple use, beneficial effects, adverse effects and costs of development. Article 42. Unless-otherwise ordered by the President of the Philippines
and only in time of national calamity or emergency, no person shall induce
or restrain rainfall by any method such as cloud seeding without a permit
Article 32. The utilization of subterranean or ground water shall be coordinated with from the proper government emergency.
that of surface waters such as rivers, streams, springs and lakes, so that a superior
right in one not adversely affected by an inferior right in the other.
Article 43. No person shall raise or lower the water level of a river stream,
lake, lagoon, or marsh nor drain the same without a permit.
For this purpose the Council shall promulgate rules and regulations and declare the
existence of control areas for the coordinated development, protection, and utilization
of subterranean or ground water and surface waters. Article 44. Drainage systems shall be so constructed that their outlets are
rivers, lakes, the sea, natural bodies of water, or such other water course as
may be approved by the proper government agency.
Control area is an area of land where subterranean or ground water and surface water
are so interrelated that withdrawal and use in one similarly affects the other. The
boundary of a control area may be altered from time to time, as circumstances Article 45. When a drainage channel is constructed by a number of
warrant. persons for their common benefit, the cost of construction and

PROPERTY 7
maintenance of the channel shall be borne by each in proportion to the benefits Article 57. Any person may erect levees or revetments to protect his
drived. property from flood, encroachment by the river or change in the course of
the river, provided that such constructions does not cause damage to the
property of another.
Article 46. When artificial means are employed to drain water from higher to lower
land, the owner of the higher land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands, subject to the requirements of just Article 58. When a river or stream suddenly changes its course to traverse
compensation. private lands, the owners of the affected lands may not compel the
government to restore the river to its former bed; nor can they restrain the
government from taking steps to revert the river or stream to its former
Article 47. When the use, conveyance or storage of waters results in damage to
course. The owners of the land thus affected are not entitled to
another, the person responsible for the damage shall pay compensation.
compensation for any damage sustained thereby. However, the former
owners of the new bed shall be the owners of the abandoned bed in
Article 48. When a water resources project interferes with the access of landowner to proportion to the area lost by each.
a portion of his property or with the conveyance of irrigation or drainage water, the
person or agency constructing the project shall bear the cost of construction and
The owners of the affected lands may undertake to return the river or
maintenance of the bridges, flumes and other structures necessary for maintaining
stream to its old bed at their own expense; Provided, That a permit
access, irrigation, or drainage, in addition to paying compensation for land and
therefor is secured from the Secretary of Public Works, Transportation and
incidental damages.
Communication and work pertaining thereto are commenced within two
years from the change in the course of the river or stream.
Article 49. Any person having an easement for an aqueduct may enter upon the
servient land for the purpose of cleaning, repairing or replacing the aqueduct or the
Article 59. Rivers, lakes and lagoons may, upon the recommendation of
removal of obstructions therefrom.
the Philippines Coast Guard, be declared navigable either in whole or in
part.
Article 50. Lower estates are obliged to receive the waters which naturally and
without the intervention of man flow from the higher estate, as well as the stone or
Article 60. The rafting of logs and other objects on rivers and lakes which
earth which they carry with them.
are flotable may be controlled or prohibited during designated season of
the year with due regard to the needs of irrigation and domestic water
The owner of the lower estate can not construct works which will impede this natural supply and other uses of water.
flow, unless he provides an alternative method of drainage; neither can the owner of
the higher estate make works which will increase this natural flow.
Article 61. The impounding of water in ponds or reservoirs may be
prohibited by the Council upon consultation with the Department of
Article 51. The banks of rivers and streams and the shores of the seas and lakes Health if it is dangerous to public health, or it may order that such pond or
throughout their entire length and within a zone of three (3) meters in urban areas, reservoir be drained if such is necessary for the protection of public health.
twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along
their margins are subject to the easement of public use in the interest of recreation,
Article 62. Waters of a stream may be stored in a reservoir by a permittee
navigation, floatage, fishing and salvage. No person shall be allowed to stay in this
in such amount as will not prejudice the right of any permittee
zone longer than what is necessary for recreation, navigation, floatage, fishing or
downstream. Whoever operates the reservoir shall, when required, release
salvage or to build structures of any kind.
water for minimum stream flow.

Article 52. The establishment, extent, form, and conditions of easements of water not
All reservoir operations shall be subject to rules and regulations issued by
expressly determined by the provisions of this Code shall be governed by the
the Council or any proper government agency.
provisions of the Civil Code.

Article 63. The operator of a dam for the storage of water may be required
CHAPTER V
to employ an engineer possessing qualifications prescribed for the proper
CONTROL OF WATERS
operations, maintenance and administration of the dam.

Article 53. To promote the best interest and the coordinated protection of flood plain
Article 64. The Council shall approve the manner, location, depth, and
lands, the Secretary of Public Works, Transportation and Communications may
spacing in which borings for subterranean or ground water may be made,
declare flood control areas and promulgate guidelines for governing flood plain
determine the requirements for the registration of every boring or
management plans in these areas.
alteration to existing borings as well as other control measures for the
exploitation of subterranean or ground water resources, and in
Article 54. In declared flood control areas, rules and regulations may be promulgated coordination with the Professional Regulation Commission prescribe the
to prohibit or control activities that may damage or cause deterioration or lakes and qualifications of those who would drill such borings.
dikes, obstruct the flow of water, change the natural flow of the river, increase flood
losses or aggravate flood problems.
No person shall drill a well without prior permission from the Council.

Article 55. The government may construct necessary flood control structures in
Article 65. Water from one river basin may be transferred to another river
declared flood control areas, and for this purpose it shall have a legal easement as
basin only with approval of the Council. In considering any request for
wide as may be needed along and adjacent to the river bank and outside of the bed or
such transfer, the Council shall take into account the full costs of the
channel of the river.
transfer, the benefits that would accrue to the basin of origin without the
transfer, the benefits would accrue to the receiving basin on account of the
Article 56. River beds, sand bars and tidal flats may not be cultivated except upon transfer, alternative schemes for supplying water to the receiving basin,
prior permission from the Secretary of the Department of Public Works, and other relevant factors.
Transportation and Communication and such permission shall not be granted where
such cultivation obstructs the flow of water or increase flood levels so as to cause
CHAPTER VI
damage to other areas.
CONSERVATION AND PROTECTION OF WATERS AND
WATERSHEDS AND RELATED LAND RESOURCES

PROPERTY 8
Article 66. After due notice and hearing when warranted by circumstances, minimum CHAPTER VII
stream flows for rivers and streams, and minimum water levels for lakes may be ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE
established by the Council under such conditions as may be necessary for the PROVISIONS OF THIS CODE
protection of the environment, control of pollution, navigation, prevention of salt
damage, and general public use.
Article 79. The Administration and enforcement of the provisions of this
Code, including the granting of permits and the imposition of penalties for
Article 67. Any watershed or any area of land adjacent to any surface water or administrative violations hereof, are hereby vested in the Council, and
overlying any ground water may declared by the Department of Natural Resources as except in regard to those functions which under this Code are specifically
protected area Rules and regulations may be promulgated by such Department to conferred upon other agencies of the government, the Council is hereby
prohibit or control such activities by the owners or occupants thereof within the empowered to make all decisions and determinations provided for in this
protected area which may damage or cause the deterioration of the surface water or Code.
ground water or interfere with the investigation, use, control, protection, management
or administration of such waters.
Article 80. The Council may deputize any official or agency of the
government to perform any of its specific functions or activities.
Article 68. It shall be the duty of any person in control of a well to prevent the water
from flowing on the surface of the land, or into any surface water, or any porous
Article 81. The Council shall provide a continuing program for data
stratum under neath the surface without being beneficially used.
collection, research and manpower development needed for the
appropriation, utilization, exploitation, conservation, and protection of the
Article 69. It shall be the duty of any person in control of a well containing water water resources of the country.
with minerals or other substances injurious to man, animals, agriculture, and
vegetation to prevent such waters from flowing on the surface of the land or into any
Article 82. In the implementation of the provisions of this code, the
surface water or into any other aquifer or porous stratum.
Council shall promulgate the necessary rules and regulations which may
provide for penalties consisting of a fine not exceeding One Thousand
Article 70. No person shall utilize an existing well or pond or spread waters for Pesos (P1,000.00) and/or suspension or revocation of the water permit or
recharging substerranean or ground water supplies without prior permission of the other right to the use of water. Violations of such rules and regulations
Council. may be administratively dealt with by the Council.

Article 71. To promote better water conservation and usage for irrigation purposes, Such rules and regulations prescribed by any government agency that
the merger of irrigation associations and the appropriation of waters by associations pertain to the utilization, exploitation, development, control, conservation,
instead of by individuals shall be encouraged. or protection of water resources shall, if the Council so requires, be subject
to its approval.
No water permit shall be granted to an individual when his water requirement can be
supplied through an irrigation association. Article 83. The Council is hereby authorized to impose and collect
reasonable fees or charges for water resources development from water
appropriators, except when it is for purely domestic purposes.
Article 72. In the consideration of a proposed water resource project, due regard shall
be given to ecological changes resulting from the construction of the project in order
to balance the needs of development and the protection of the environment. Article 84. The Council and other agencies authorized to enforce this
Code are empowered to enter upon private lands, with previous notice to
the owner, for the purpose of conducting surveys and hydrologic
Article 73. The conservation of fish and wildlife shall receive proper consideration
investigations, and to perform such other acts as are necessary in carrying
and shall be coordinated with other features of water resources development programs
out their functions including the power to exercise the right of eminent
to insure that fish and wildlife values receive equal attention with other project
domain.
purposes.

Article 85. No program or project involving the appropriation, utilization,


Article 74. Swamps and marshes which are owned by the State and which primary
exploitation, development, control, conservation, or protection of water
value for waterfowl propagation or other wildlife purposes may be reserved and
resources may be undertaken without prior approval of the Council, except
protected from drainage operation and development.
those which the Council may, in its discretion, exempt.

Article 75. No person shall, without prior permission from the National Pollution
The Council may require consultation with the public prior to the
Control Commission, build any works that may produce dangerous or noxious
implementation of certain water resources development projects.
substances or perform any act which may result in the introduction of sewage,
industrial waste, or any pollutant into any source of water supply.
Article 86. When plans and specifications of a hydraulic structure are
submitted for approval, the government agency whose functions embrace
Water pollution is the impairment of the quality of water beyond a certain standard.
the type of project for which the structure is intended, shall review the
This standard may vary according to the use of the water and shall be set by the
plans and specifications and recommended to the Council proper action
National Pollution Control Commission.
thereon and the latter shall approve the same only when they are
inconformity with the requirements of this Code and the rules and
Article 76. The establishment of cemeteries and waste disposal areas that may affect regulations promulgated by the Council. Notwithstanding such approval,
the source of a water supply or a reservoir for domestic or municipal use shall be neither the engineer who drew up the plans and specifications of the
subject to the rules and regulations promulgated by the Department of Health. hydraulic structure, nor the constructor who built it, shall be relieved of his
liability for damages in case of failure thereof by reason of defect in plans
and specifications, or failure due to defect in construction, within ten (10)
Article 77. Tailings from mining operations and sediments from placer mining shall years from the completion of the structure.
not be dumped into rivers and waterways without prior permission from the Council
upon recommendation by the National Pollution Control Commission.
Any action recover such damages must be brought within five (5) years
following such failure.
Article 78. The application of agricultural fertilizers and pesticides may be prohibited
or regulated by the National Pollution Control Commission in the areas where such
application may cause pollution of a source of water supply. Article 87. The Council or its duly authorized representatives, in the
exercise of its power to investigate and decide cases brought to its
PROPERTY 9
cognizance, shall have the power to administer oaths, compel the attendance of (k) Utilization of an existing well or ponding or spreading of water for
witnesses by subpoena and the production of relevant documents by subpoena duces recharging subterranean or ground water supplies without permission of
tecum. the Council.

Non-compliance of violation of such orders or subpoena and subpoena duces tecum (l) Violation of or non-compliance with any order, rules, or regulations of
shall be punished in the same manner as indirect contempt of an inferior court upon the Council.
application by the aggrieved party with the proper Court of First Instance in
accordance with the provisions of Rules 71 of the Rules of the Court.
(m) Illegal taking or diversion of water in an open canal, aqueduct or
reservoir.
Article 88. The Council shall have original jurisdiction over all disputes to relating to
appropriation, utilization, exploitation, development, control, conservation and
(n) Malicious destruction of hydraulic works or structure valued at not
protection of waters within the meaning and context of the provisions of this Code.
exceeding P5,000.00.

The decisions of the Council on water rights controversies shall be immediately


executory and the enforcement thereof may be suspended only when a bond, in a Article 91. A. A fine of not exceeding Three Thousand Pesos
amount fixed by the Council to answer for damages occasioned by the suspension or (P3,000.00) or imprisonment for not more than three (3) years, or both
stay of execution, shall have been filed by the appealing party, unless the suspension such fine and imprisonment, in the discretion of the Court, shall be
is virtue of an order of a competent court. imposed upon any person who commits any of the following acts:

All dispute shall be decided within sixty (60) days after the parties submit the same 1. Appropriation of water without a water permit, unless such person is
for decision or resolution. expressly exempted from securing a permit by the provisions of this Code.

The Council shall have the power to issue writs of execution and enforce its decisions 2. Unauthorized obstruction of an irrigation canal.
with the assistance of local or national police agencies.
3. Cultivation of a river bed, sand bar or tidal flat without permission.
Article 89. The decisions of the Council on water rights controversies may be
appealed to the Court of First Instance of the province where the subject matter of the 4. Malicious destruction of hydraulic works or structure valued at not
controversy is situated within fifteen (15) days from the date the party appealing exceeding Twenty-Five Thousand Pesos (P25,000.00).
receives a copy of the decision, on any of the following grounds; (1) grave abuse of
discretion; (2) question of law; and (3) questions of fact and law.
B. A fine exceeding Three Thousand Pesos P3,000.00) but not more than
Six Thousand Pesos P6,000.00) or imprisonment exceeding three (3) years
CHAPTER VIII but not more than six (6) years, or both such fine and imprisonment in the
PENAL PROVISIONS discretion of the Court, shall be imposed on any person who commits any
of the following acts:
Article 90. The following acts shall be penalized by suspension or revocation of the
violator's water permit or other right to the use of water and/or a fine of not exceeding 1. Distribution for public consumption of water which adversely affects
One Thousand Pesos (P1,000.00), in the discretion of the Council: the health and safety of the public.

(a)Appropriation of subterranean or ground water for domestic use by an overlying 2. Excavation or enlargement of the opening of a hot spring without
landowner without registration required by the Council. permission.

(b) Non-observance of any standard of beneficial use of water. 3. Unauthorized obstruction of a river or waterway, or occupancy of a
river bank or seashore without permission.
(c) Failure of the appropriator to keep a record of water withdrawal, when required.
4. Establishment of a cemetery or a waste disposal area near a source of
(d) Failure to comply with any of the terms or conditions in a water permit or a water water supply or reservoir for domestic municipal use without permission.
rights grant.
5. Constructing, without prior permission of the government agency
(e) Unauthorized use of water for a purpose other than that for which a right or permit concerned, works that produce dangerous or noxious substances, or
was granted. performing acts that result in the introduction of sewage, industrial waste,
or any substance that pollutes a source of water supply.

(f) Construction or repair of any hydraulic work or structure without duly approved
plans and specifications, when required. 6. Dumping mine tailings and sediments into rivers of waterways without
permission.

(g) Failure to install a regulating and measuring device for the control of the volume
of water appropriated, when required. 7. Malicious destruction of hydraulic works or structure valued more than
Twenty-Five Thousand Pesos (P25,000.00) but at not exceeding One
Hundred Thousand Peso (100,000.00).
(h) Unauthorized sale, lease, or transfer of water and/or water rights.
C. A fine exceeding Six Thousand Pesos (P6,000.00) but not more than
(i) Failure to provide adequate facilities to prevent or control diseases when required Ten Thousand Pesos (P10,000.00) or imprisonment exceeding six (6)
by the Council in the construction of any work for the storage, diversion, distribution years but not more than twelve (12) years, or both such fine and
and utilization of water. imprisonment, in the discretion of the Court, shall be imposed upon any
person who commits any of the following acts:
(j) Drilling of a well without permission of the Council.
1. Misrepresentation of citizenship in order to qualify for water permit.

PROPERTY 10
2. Malicious destruction of a hydraulic works or structure, valued at more than One Article 98. Interim rules and regulations promulgated by the Council shall
Hundred Thousand Pesos (P100,000.00). continue to have binding force and effect, when not in conflict with the
provisions of this Code.
Article 92. If the offense is committed by a corporation, trust, firm, partnership,
association or any other juridical person, the penalty shall be imposed upon the Article 99. If any provision or part of this Code, or the application thereof
President, General Manager, and other guilty officer or officers of such corporation, to any person or circumstance, is declared unconstitutional or invalid for
trust firm, partnership, association or entity, without prejudice to the filing of a civil any reason, the other provisions or parts therein shall not be affected.
action against said juridical person. If the offender is an alien, he shall be deported
after serving his sentence, without further proceedings.
Article 100. The following laws, parts and/or provisions of laws are
hereby repealed:
After final judgment of conviction, the Court upon petition of the prosecution
attorney in the same proceedings, and after due hearing, may, when the public interest
(a) The provisions of the Spanish Law on Waters of August 3, 1866, the
so requires, order suspension of or dissolution of such corporation, trust, firm,
Civil Code of Spain of 1889 and the Civil Code of the Philippines (R.A.
partnership, association or juridical person.
386) on ownership of waters, easements relating to waters, use of public
waters and acquisitive prescription on the use of waters, which are
Article 93. All actions for offenses punishable under Article 91 of this Code shall be inconsistent with the provisions of this Code;
brought before the proper court.
(b) The provisions of R.A. 6395, otherwise known as the Revised Charter
Article 94. Actions for offenses punishable under this Code by a fine of not more of National Power Corporation, particularly section 3, paragraph (f), and
than Three Thousand Pesos (P3,000.00) or by an imprisonment of not more than three section 12, insofar as they relate to the appropriation of waters and the
(3) years, or both such fine and imprisonment, shall prescribe in five (5) years; those grant thereof;
punishable by a fine exceeding Three Thousand Pesos (P3,000.00) but not more than
Six Thousand Pesos (P6,000.00) or an imprisonment exceeding three (3) years but not
(c) The provisions of Act No. 2152, as amended, otherwise known as the
more than six (6) years, or both such fine and imprisonment, shall prescribe in seven
Irrigation Act, section 3, paragraphs (k) and (m) of P.D. No. 813, R.A.
(7) years; and those punishable by a fine exceeding Six Thousand Pesos (P6,000.00)
2056; Section 90, C.A. 137; and,
but not more than Ten Thousand Pesos (P10,000.00) or an imprisonment exceeding
six (6) years but not more than twelve (12) years, or both such fine and imprisonment,
shall prescribe in ten (10) years. (d) All Decree, Laws, Acts, parts of Acts, rules of Court, executive orders,
and administrative regulations which are contrary to or inconsistent with
the provisions of this Code.
CHAPTER IX
TRANSITORY AND FINAL PROVISIONS
Article 101. This Code shall take effect upon its promulgation.
Article 95. Within two (2) years from the promulgation of this Code, all claims for a
right to use water existing on or before December 31, 1974 shall be registered with Done in the City of Manila, this 31st day of December, Nineteen Hundred
the Council which shall confirm said rights in accordance with the provisions of this and Seventy-Six.
Code, and shall set their respective priorities.

When priority in time of appropriation from a certain source of supply cannot be


determined, the order of preference in the use of the waters shall be as follows:

(a) Domestic and municipal use

(b) Irrigation

(c) Power generation

(d) Fisheries

(e) Livestock raising

(f) Industrial use, and

(g) Other uses.

Any claim not registered within said period shall be considered waived and the use of
the water deemed abandoned, and the water shall thereupon be available for
disposition as unappropriated waters in accordance with the provisions of this Code.

Article 96. No vested or acquired right to the use of water can arise from acts or
omissions which are against the law or which infringe upon the rights of others.

Article 97. Acts and contract under the regime of old laws, if they are valid in
accordance therewith, shall be respected, subject to the limitations established in this
Code. Any modification or extension of these acts and contracts after the
promulgation of this Code, shall be subject to the provisions hereof.

PROPERTY 11