July 22, 1999

DAR OPINION NO. 39-99

MS. FAITH M . FERNANDEZ

Administrative Manager

People's Independent Media, Inc.

575 Atlanta St., Port Area, Manila

Dear Ms. Fernandez:

This refers to your letter dated 31 May 1999 requesting for opinion regarding the status of government lots labelled as "reservoir". The issues you raised are as follows:

1.         Can a private individual enclose a "reservoir" denying access to all adjacent property owners fronting said reservoir?

2.         Can a private individual, the owner of Lot No. 39, construct any form of structure in a reservoir?

3.         Can the owner of Lot No. 39 or all the rest of the adjacent property owners pasture their cattles inside said reservoir?

Relative thereto, since a reservoir is a place where water collects naturally, or is stored for use when wanted, and since the subject lot is designated as reservoir lot and was not the subject of an award to private individual, we are of the opinion that the same cannot be appropriated by any private individual for his exclusive use. Moreover, the water that is contained therein or flows therefrom is considered as public waters for the use of the general public. No private individual, therefore, may monopolize its use, or obstruct its use by another. Construction of any form of structure thereon will require prior authorization from the proper government agency.

Thank you.

Very truly yours,

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Hon. Conrado S. Navarro

Undersecretary — FOSSO
This Department