LAWS ON FRESHWATERS

THE WATER CODE OF THE PHILIPPINES

PD 1067, 1976

• Waters – water under the ground, above the ground, in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines (art 4)

OWNERSHIP OF OWNERS

The ff: belong to the State:

a. Rivers and their natural beds

b. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves

c. Natural lakes and lagoons

d. All other categories of surface waters

e. Atmospheric water

f. Subterranean or ground waters, and

g. Seawater

(art 5)

Ff: waters found on private lands belong to the State:

a. Continuous or intermittent waters rising on such lands

b. Lakes and lagoons naturally occurring on such lands

c. Rain water falling on such landsd. Subterranean or ground waters, ande. Water in swamps and marshes

• Owner of the land where the water is found may use the same for domestic purposes without securing a permit, provided that such use is registered when required by National Water Resources Council

(art 6)

• Any person who captures or collects water by means of cisterns, tanks, or pools shall have exclusive control over such water and the right to dispose of the same

(art 7)

Appropriation/use of waters (art 10)

• Domestic – water drinking, washing, bathing, cooking or other household needs, home gardens, and watering of lawns or domestic animals

• Municipal – supplying the water requirements of the community

• Irrigation – for producing agricultural crops• Power generation-for producing electrical

and mechanical power

• Fisheries – propagation and culture of fish as a commercial enterprise

• Livestock raising – for large herds or flocks of animals raised as a commercial enterprise

• Industrial – factories, industrial plants, and mines or used as ingredient for finished products

• Recreational- swimming pools, bath houses, boating, water skiing, golf courses, resorts and places of recreations

• Other purposes

• No person including government instrumentalities or GOCC shall appropriate water without a water right which shall be evidenced by a water permit (only citizens of the Philippines can apply, duly qualified under the law)

(art 13 and 15)

Use of natural bodies of water without permit

• Appropriation of water by means of hand-carried receptacles,

• Bathing or washing, watering, or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects of flotation

• The measure and limit of appropriation of water shall be, beneficial use- the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated (art 20)

• Banks on rivers and streams and the shores of the seas and lakes throughout the entire length and within a zone of 3 meters in urban areas, 20 meters in agricultural areas, 40 meters in forest areas, along their margins are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. (art 51)

• No person shall without prior permission from the National Pollution Control Commission, build any works that may produce dangerous or noxious substances or perform any act which may result in the introduction of sewage, industrial waste or any pollutant into any source of water supply (Art 75)

• Application of agricultural fertilizers and pesticides may be prohibited or regulated in the areas where such application may cause pollution of a source of water supply (art 78)

• Administration of waters and enforcement of the water code including granting of permits, penalties for administrative violations – vested with National Water Resources Council who shall have original jurisdiction over all disputes relating to appropriation, utilization, exploitation, control, conservation, and protection of waters within the meaning of this code; appealable to RTC (art 79-89)

Penal provisions- art 90-94

• Penal provisions – art 90-94, to be filed before the appropriate court

case

• GR 175550 Dasmarinas v Monterey (2008)

PROVINCIAL WATER UTILITIES ACT OF 1973

(LOCAL WATER UTILITIES AUTHORITY)

PD NO. 198

• Local water utility – any district, city, municipality, province, investor-owned public utility or cooperative corporation, which owns or operates a water system serving an urban center in the Philippines (sec 3h)

• Formation of local water districts – Title II sec 5-47 ; resolution by the legislative body ; powers of local water districts

• Local water utilities administration serving as specialized lending institution for the promotion, development and financing of local water utilities (title III sec 48-78)

• Sec 48 on production assessment

• RA 6234 – metropolitan waterworks and sewerage system (MWSS)

Cases

• GR 166471 Tawang v La Trinidad (2011)

• GR 165993 Merida v Bacarro, et al(2008)

• GR 122855 Metro Iloilo v CA (2005)

• GR 168914 Metropolitan Cebu v Adala (2007)

NATIONAL WATER CRISIS ACT OF 1995

RA 8041

ANTI-PILFERAGE; UNLAWFUL ACTS (SEC 8)

• Destroy, damage or interfere with any canal, raceway, ditch, lock, pier, inlet, crib, bulkhead, dam, gate, service, reservoir, aqueduct xxxx or property of any water utility entity whether public or private

• Do any malicious act which shall injuriously affect the quantity or quality of water of sewage flow xxx including the prevention of or interference with any authorized person engaged in the discharge of duties connected therewith

• Prevent, obstruct and interfere with the survey, works, and construction of access road and water mains and distribution network and any related works of the utility entity

• Tap, make, or cause to be made any connection with water lines without prior authority or consent from the water utility concerned

• Tamper, install, or use tampered water meters, sticks, magnets, reversing water meters, shortening of vane wheels, and other devices to steal water or interfere with accurate registry of metering water usage xxx

• Use or receive the direct benefit of water service with knowledge that diversion, tampering, or illegal connection existed at the time of that use xxxx or without authorization from water utility

• Steal or pilfer water meters, main lines, pipes and related or ancillary facilities

• Steal water for profit or resale• Knowingly possess stolen or tampered water

meters• Knowingly or willfully allow the occurrence of any

of the above

Prima facie evidence of pilferage, etc(sec 9)

• Existence of illegal or unauthorized tapping to the water main or distribution pipe

• Existence of any illegal connection such as reversed meter xxx

• Presence of a bored hole in the glass cover of the water meter xxx

• Presence of tampered or fake seals on the meters xxx

• Presence of reversed meter in the premises, insertion of rod wire, or stick in the meter etc which interferes meter registration

• Destruction of the meter protection xxx• Abnormal imprints, traces xxx on meter

assembly

(all inapplicable to tenants who have occupied the house or dwelling 90 days or less)

Special aggravating circumstances, sec 10

• Act in conspiracy with another

• Committed by, in connivance with private plumber, officer or employee of the water utility concerned

• Violation is coupled with sale from a source which is illegal xxxxx

Penalties (sec 11)

• Disconnection 5 days after service of notice without need of court order

• Sec 8 violation-6 months-2 yrs imprisonment and a fine not exceeding double the amount of the value of water stolen or value of damaged facilities xxxxxx

• PD 296 – Directing persons to renounce possession of river banks (sec 1 and 2)

• Ra 2056 – Demolition of structures in navigable waterways (sec 1 and 3)