Text of the provision
Art. 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage. If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid.
(553a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The banks of rivers and streams, even if privately owned, are subject throughout their length within a zone of three metres to the easement of public use in the general interest of navigation, floatage, fishing and salvage.
Questions about this provision
Related provisions
- Article 637 — Natural Drainage.
- Article 639 — Compulsory Easement of Aqueduct for Diversion.
Cases citing this article
- Metropolitan Manila Development Authority (Mmda) vs. Diamond Motor Corporation, G.R. No. 203386, October 11, 2023 — read the decision on LawPhil →
- Corazon S. Cruz under the name and style, Villa Corazon Condo Dormitory vs. Manila International Airport Authority, G.R. No. 184732, September 9, 2013 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.