Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
AN ACT TO PROHIBIT
Republic Act No. 2056
June 13, 1958
Case Overview and Summary
Summary of Republic Act No. 2056Prohibition and Removal of Encroaching Structures
- Any construction of dams, dikes, or other works that encroach into public navigable waters or waterways, or in communal fishing grounds, shall be ordered removed as public nuisances or prohibited constructions. (Section 1)
- The Secretary of Public Works and Communications has the authority to order the removal of such encroaching works after due notice and hearing. (Section 2)
- The party concerned shall be given a period not exceeding 30 days to remove the encroaching works. (Section 2)
- If the party fails to comply with the removal order within the given period, the Secretary shall effect the removal at the party's expense within 10 days after the expiration of the given period. (Section 2)
Exemptions and Conditions
- Fishpond constructions or works on communal fishing grounds introduced in good faith before the areas were proclaimed as fishing grounds are exempted, provided they do not obstruct or impede the free passage of any navigable river, stream, or cause inundations of agricultural areas. (Section 2)
- The removal shall not impair fishponds completed or about to be completed, which do not encroach or obstruct any public navigable river or stream, and were constructed in good faith before the area was declared a communal fishing ground. (Section 2)
Investigation and Hearing Process
- The Secretary shall conduct an investigation and hearing, which shall be terminated and decided within 90 days from the time of notification or complaint about the encroaching works. (Section 2)
- Failure by the Secretary to terminate and decide a case or effect the removal without justifiable reason shall constitute an offense punishable under Section 3. (Section 2)
Penalties
- Any person who violates the provisions of this Act or fails to comply with the Secretary's lawful order for removal within the given period shall be punished by imprisonment of not less than 6 months or more than 6 years, and a fine of not less than 500 pesos or more than 6,000 pesos. (Section 3)
- If the offender is the Secretary of Public Works and Communications, in addition to the fine and imprisonment, they shall suffer the penalty of perpetual absolute disqualification to hold any public office. (Section 3)
Repealing Clause and Effectivity
- All Acts, Executive Orders, rules, and regulations inconsistent with this Act are hereby repealed. (Section 4)
- This Act shall take effect upon its approval. (Section 5)
Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
public navigable waters
waterways
communal fishing grounds
dams
dikes
encroaching structures
removal order
Secretary of Public Works and Communications
notice and hearing
fishpond constructions
exemptions
penalties
imprisonment
fines
disqualification from public office
repealing clause
effectivity
Law
AN ACT TO PROHIBIT
Republic Act No. 2056
•June 13, 1958
REPUBLIC ACT No. 2056
AN ACT TO PROHIBIT, REMOVE AND/OR DEMOLISH THE CONSTRUCTION OF DAMS, DIKES OR ANY OTHER WORKS IN PUBLIC NAVIGABLE WATERS OR WATERWAYS AND IN COMMUNAL FISHING GROUNDS, TO REGULATE WORKS IN SUCH WATERS OR WATERWAYS AND IN COMMUNAL FISHING GROUNDS, AND TO PROVIDE PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES.
Section 1. Any provision or provisions of law of the contrary notwithstanding, the construction or building of dams, dikes or any other works which encroaches into any public navigable river, stream, coastal, waters and any other navigable public waters or waterways as well as the construction or building of dams, dikes or any other works in areas declared as communal fishing grounds, shall be ordered removed as public nuisances or as prohibited construction as herein provided: Provided, however, That the Secretary of Public Works and Communications may authorize the construction of any such works when public interests or safety so requires, or when it is absolutely necessary for the protection of private property.
Section 2. When it is found by...
Login to see full content
Amends
n/a
Amended by
n/a