AN ACT TO PROHIBIT

Case Overview and Summary

Summary of Republic Act No. 2056

Prohibition 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- All Acts, Executive Orders, rules, and regulations inconsistent with this Act are hereby repealed.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)