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…

WHEREAS, floods are among the most destructive of natural
calamities, in the wake of which chain reactions invariably lead to misery,
pestilence, privation, hunger and want;

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;

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;

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;

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:

SECTION 1. Any person, whether natural or juridical, who,
prior to the promulgation of this Decree, may have 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, reclamations or encroachments and to renounce possession thereof,
or demolish structures or improvements which tend to obstruct the flow of water
through rivers, creeks, esteros and drainage channels, within ninety days from
the effectivity of this Decree.

SEC. 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.

SEC. 3. Any provision of existing laws, decrees, rules and
regulations inconsistent with this Decree are hereby repealed or modified
accordingly.

SEC. 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.

			(Sgd.) FERDINAND E. MARCOS President Republic of the Philippines
	By the President:
	(Sgd.) ROBERTO V. REYES
		Acting Executive Secretary