I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Now that you've read The Water Code: Principles, Obligations and Control, here's another important part of the same law. This is my first post for 2012. It is my hope that everybody gets this straight so that the catastrophe of Sendong will not be replicated. It would also be good if PD 1067 was further improved.
The following crimes are punishable by revocation of the water permit, other rights to use the water in question or a fine of up to Php1,000.00, or all 3 penalties at the discretion of the Water Resources Council:
1.) If the landowner appropriates subterranean or surface water for domestic use without registering it with the Water Resources Council
2.) Non-observance of any standard of beneficial use of water
3.) Failure of the appropriator to keep a record of water withdrawal, if he's required
4.) Failure to comply with the terms and conditions of the water permit or water rights grant
5.) Unauthorized use of water (use that isn't in the permit)
6.) Construction/repair of of hydraulic works or structures without duly approved plans and specs, if required
7.) Failure to install regulating or or measuring devices to control the appropriated water, if required
8.) Unauthorized sale, transfer or lease of water or water rights
9.) Failure to provide adequate facilities to prevent/ control diseases when required by the Water Resources Council in the construction of any work for the storage, diversion, distribution and use of the water
10.) Drilling a well without the Water Resources Council's permission
11.) Use of an existing well, ponding or spreading of water to recharge subterranean or ground water supplies without the Water Resources Council's permission
12.) Violation or noncompliance of of the Water Resources Council's orders, rules and regulations
13.) Illegal taking or diversion of water from an ope canal, aqueduct or reservoir
14.) Malicious destruction of hydraulic works/structures worth Php5,000.00 and below
The following crimes are punishable by a fine of up to Php3,000.00 and/or imprisonment of up to 3 years at the court's discretion (not the Water Resources Council.) From here on, it's the courts that will decide:
1.) Appropriating water without a permit, unless you're one of those exempted from applying under the Water Code
2.) Unauthorized obstruction of an irrigation canal
3.) Cultivation of a riverbed, sandbar or tidal flat without permission
4.) Malicious destruction of hydraulic works/construction worth Php25,000.00 and below
The above crimes will prescribe in 5 years.
The following crimes are punishable by a fine of over Php3,000.00 to Php6,000.00 and/or imprisonment of 3 to 6 years at the court's discretion:
1.) Distributing water with adverse effects on the public's health and safety for public consumption
2.) Excavating a hot spring, or widening the opening of one, without permission
3.) Unauthorized obstruction of a river or waterway, or occupying a riverbank or seashore without permission
4.) Establishing a cemetery or waste disposal area near a source of water supply or reservoir for domestic/municipal use without permission
5.) Constructing works that produce dangerous/noxious substances, or performing acts that lead to the introduction of sewage, industrial waste or any substance that pollutes a water supply without the permission of the government agency concerned
6.) Dumping mine tailings and sediments into rivers or waterways without permission
7.) Malicious destruction of hydraulic works/structures worth between Php25,000.00 and Php100,000.00
The above crimes prescribe in 7 years.
The court, at its discretion, will impose a fine of between Php6,000.00 and php10,000.00 and/or imprisonment of 6 to 12 years for the following crimes:
1.) Misrepresentation of citizenship in order to qualify for a water permit
2.) Malicious destruction of hydraulic works/structure worth more than Php100,000.00
Theabove crimes prescribe in 10 years.
If the crime was committed by a corporation or other juridical person, the penalty will be imposed on its president, general manager and other officers of the corporation, etc. guilty of the act. The prosecuting attorney can also ask for the suspension or dissolution of the corporation, etc. in question in the same proceedings. If the offender is a foreigner, he will be deported without proceedings after he serves sentence.
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