Article 150p. 150

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

k. Utilization of an existing well or ponding or spreading

of water for recharging subterranean or ground water

supplies without permission of the Council.

l. Violation of or non-compliance with any order, rules, or

regulations of the Council.

m. Illegal taking or diversion of water in an open canal,

aqueduct or reservoir.

n. Malicious destruction of hydraulic works or structures

valued at not exceeding P5,000.00.

ARTICLE 91. A. A fine of not exceeding Three Thousand

Pesos (P3,000.00) or imprisonment for not more than

three (3) years, or both such fine and imprisonment, in

the discretion of the Court, shall be imposed upon any

person who commits any of the following acts:

1. Appropriation of water without a water permit, unless

such person is expressly exempted from securing a

permit by the provisions of this Code.

2. Unauthorized obstruction of an irrigation canal.

3. Cultivation of a river bed, sand bar or tidal flat without

permission.

4. Malicious destruction of hydraulic works or structure

valued at not exceeding Twenty-Five Thousand Pesos

(P25,000.00).

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 but not more

than six (6) years, or both such fine and imprisonment in

the discretion of the Court, shall be imposed on any

person who commits any of the following acts:

1. Distribution for public consumption of water which

adversely affects the health and safety of the public.

2. Excavation or enlargement of the opening of a hot

spring without permission.

3. Unauthorized obstruction of a river or waterway, or

occupancy

of

a

river

bank

or

seashore

without

permission.

4. Establishment of a cemetery or a waste disposal area

near a source of water supply or reservoir for domestic

municipal use without permission.

5.

Constructing,

without

prior

permission

of

the

government

agency concerned, works that produce

dangerous or noxious substances, or performing acts

that result in the introduction of sewage, industrial

waste, or any substance that pollutes a source of water

supply.

6. Dumping mine tailings and sediments into rivers or

waterways without permission.

7. Malicious destruction of hydraulic works or structure

valued

at

more

than

Twenty-Five

Thousand

Pesos

(P25,000.00) but not exceeding One Hundred Thousand

Pesos (P100,000.00).

C. A fine exceeding Six Thousand Pesos (P6,000.00) but

not more than Ten Thousand Pesos (P10,000.00) or

imprisonment exceeding six (6) years but not more than

twelve (12) years, or both such fine and imprisonment, in

the discretion of the Court, shall be imposed upon any

person who commits any of the following acts:

1. Misrepresentation of citizenship in order to qualify for

water permit.

2. Malicious destruction of hydraulic works or structure,

valued at more than One Hundred Thousand Pesos

(P100,000.00).

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

President, General Manager, and other guilty officer or

officers of such corporation, trust, firm, partnership,

association or entity, without prejudice to the filing of a

civil action against said juridical person. If the offender is

an alien, he shall be deported after serving his sentence,

without further proceedings.

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 so requires, order the suspension or

dissolution of such corporation, trust, firm, partnership,

association or juridical person.

ARTICLE 93. All actions for offenses punishable under

Article 91 of this Code shall be brought before the proper

court.

ARTICLE 94. Actions for offenses punishable under this

Code by a fine of not more than Three Thousand Pesos

(P3,000.00) or by an imprisonment of not more than

three (3) years, or both such fine and imprisonment, shall

prescribe in five (5) years; those 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 more

than six (6) years, or both such fine and imprisonment,

shall prescribe in seven (7) years; and those punishable

by a fine exceeding Six Thousand Pesos (P6,000.00) 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.

CHAPTER IX Transitory and Final Provisions

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 the

Council which shall confirm said rights in accordance

with the provisions of this 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.

© 2018 Compiled by RGL

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