Short answer. Yes. The Civil Code expressly lists the waste waters of fountains, sewers, and public establishments as waters of public dominion, placing that wastewater in the very same legal category as rivers, natural springs, and lakes formed by nature on public land.
What the law says
The waste waters of fountains, sewers and public establishments.
Civil Code, Article 502 — Waters Of Public Dominion. Read the full provision →
Article 502's list of public waters
Article 502 enumerates the waters that belong to public dominion — meaning they are not owned by any private person and are instead held for the use of the public. The list is broad: rivers and their natural beds, waters of springs and brooks in their natural beds, waters rising on public lands, lakes and lagoons formed by nature on public lands, rainwater running through ravines, subterranean waters on public lands, and waters within the zone of public works. The waste waters of fountains, sewers and public establishments is the ninth and final category on that list.
Why wastewater from a fountain or sewer counts
The article does not qualify this category by where the water ends up or how clean it is — it simply names waste waters of fountains, sewers, and public establishments as public dominion outright. This reflects that such wastewater originates from public infrastructure and public use, so the law treats it the same way it treats naturally occurring public waters like rivers and springs: as belonging to the public rather than to whoever happens to be nearest when it flows out.
What being 'public dominion' means in practice
Property of public dominion cannot be appropriated by a private person the way ordinary private property can be bought, sold, or claimed by long possession. Because Article 502 places wastewater from public fountains and sewers in this category, a private party cannot treat it as their own simply because it flows across or collects on land they own or occupy. The classification is about the water's legal status, not about who is physically closest to where it happens to be at a given moment.
What this classification does not resolve on its own
Article 502 fixes the legal status of this wastewater as public dominion, but it does not, by itself, spell out who manages it, who is responsible for its treatment, or what happens if it causes a nuisance or damage as it flows onto adjoining land. Those questions are governed by other rules entirely — this article's role is limited to establishing that the wastewater belongs to the public rather than to any private owner, which is the foundation any further claim about its use or disposal would have to start from.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Republic of the Philippines vs. Arcadio Ivan A. Santos III, et al, G.R. No. 160453, November 12, 2012 — read the decision on LawPhil →
- Pilar Development Corporation vs. Ramon Dumadag, Ronaldo Bacabac, et al, G.R. No. 194336, March 11, 2013 — read the decision on LawPhil →
- Filinvest Land, Inc. vs. Flood-affected Homeowners etc., et al, G.R. No. 165955, August 10, 2007 — read the decision on LawPhil →
- Pelbel Manufacturing Corporation, et al. vs. Hon. Court of Appeals, et al, G.R. No. 141325, July 31, 2006 — read the decision on LawPhil →