ARTICLE 90. The following acts shall be penalized by suspension or revocation of the violator's water permit or other right to the use of water and/or a fine of not exceeding One Thousand Pesos (P1,000.00), in the discretion of the Council:
a. Appropriation of subterranean or ground water for domestic use by an overlying landowner without registration required by the Council.
b. Non-observance of any standard of beneficial use of water.
c. Failure of the appropriator to keep a record of water withdrawal, when required.
d. Failure to comply with any of the terms or conditions in a water permit or a water rights grant.
e. Unauthorized use of water for a purpose other than that for which a right or permit was granted.
f. Construction or repair of any hydraulic work or structure without duly approved plans and specifications, when required.
g. Failure to install a regulating and measuring device for the control of the volume of water appropriated, when required.
h. Unauthorized sale, lease, or transfer of water and/or water rights.
i. Failure to provide adequate facilities to prevent or control diseases when required by the Council in the construction of any work for the storage, diversion, distribution and utilization of water.
j. Drilling of a well without permission of the Council.
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.
TRANSITORY AND FINAL PROVISIONS
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
