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Republic of the Philippines i
HOUSE OF REPRESENTATIVES £ RECEIVED

Quezon City f 2 GATE 07 a2

NINETEENTH CONGRESS
First Regular Session

two, 1495

HOUSE BILLNO. 7" _*

Introduced by Representative Florida P. Robes

EXPLANATORY NOTE

This legislative proposal seeks to regulate the distribution of water supply for
domestic consumption by setting the standards in the administration, management
and distribution of water by water service providers in the country. This has been
driven by the widespread water service inadequacies and the very expensive water
rates, aggravated by an impending and looming water crisis throughout the world.

As reported out in the Water Forum sponsored by the Water Policy Reform
Program-World Bank Institute in Netherlands on November 30, 1999; the use of
water has increased over the past few decades while the availability of water is falling
to crisis levels, further exacerbated by the rise in the costs of water infrastructure,
deterioration of the quality of water in river and underground sources which have
been polluted by waste and contaminants from cities, industry and agriculture,
destruction of the ecosystems and the lack of safe water for over one billion people.
Ismael Serageldin, former Chairperson of the World Commission on Water, added
that more than one-half of the world’s major rivers are being seriously depleted and
polluted, degrading and poisoning the surrounding ecosystems, thus threatening the
health and livelihood of people who depend upon them for irrigation, drinking and
industrial water. Many years have passed since this forum but the problems still
persist. Now, we are indeed at the verge of a water crisis.

Meanwhile, our country has committed to achieve the objectives of the
recently concluded Millennium Development Goals, specifically on the provision of
potable and safe water supply to the people. Despite policy statements expressing a
commitment to universal access and affordability of water supply services, the goal of
providing and delivering an adequate level of water service to large fractions of the
resident population has failed tremendously. Many of the regions in the country
remain practically "waterless" despite the fact that our country is abound with rich

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water resources, including rainwater. The present legal framework on water supply
management does not contain specific “pro-poor” provisions.

In regulating the water industry, the various challenges and constraints
experienced by regulators, service providers and low-income households are very
critical in the success of water reform policies. Legislative interventions, with special
consideration and regards to the needs of poor and vulnerable members of the
community must be institutionalized.

The overall policy objective of this proposal is to make water for domestic
purposes readily available and affordable to the poor and marginalized. In order for
it to be successful, government institutions must intervene, in partnership with
service providers in both private and public sectors. This bill also provides alternative
water resources in cases of water shortages during dry spells such as storing of
rainwater for public consumption during rainy seasons. Seriously, there is an
impending water crisis throughout the world. It is getting worse as days go by unless
corrective action is taken by stakeholders and agency partners from the water
industry, with the active involvement of the consuming public. With this measure,
water crisis in the country can be thwarted. Hence, its approval is earnestly sought.

FLORIDA P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

1495

HOUSE BILLNO.__

Introduced by Representative Florida P. Robes

AN ACT SETTING THE STANDARD FOR THE DISTRIBUTION AND
OPERATION OF WATER SUPPLY FOR DOMESTIC PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. This Act shall be known as "Domestic Water Supply Act".

SEC. 2. Declaration of Policy. It is hereby a declared policy of the State to
regulate the provision of potable water to communities by supporting the promotion
of sustainable water services through financial and technical assistance in the
execution of water supply projects and encouraging public and private partnership in
the construction of water facilities by setting standards for the provision of water for
domestic purposes. The right to safe drinking water is a universally recognized basic
human right which is interwoven with the right to an adequate standard of living and
inextricably related to the right to the highest standard of physical and mental
health, as well as the right to life and human dignity.

Appropriate measures that will give full life to the implementation of the right
to water must be reaffirmed by the State through continuous monitoring on the
status of the right to safe drinking water on the basis of availability, acceptability,
accessibility and affordability. The enactment and adoption of legislative measures to
achieve progressively the full realization of the right to safe drinking water must be
prioritized and existing policies, programs and activities in the sectors of water must
be reassessed, re-examined and revised to make it consistent with human rights
standards and privileges while the governance of water resources as well its
distribution and use must be made transparent.

SEC. 3. Regulation of Water Rates and Tariffs. - Water rates and tariffs
shall be regulated in accordance with the income of the consumers; provided it will
not affect the efficiency of water delivery system. There shall be no and tariffs until


there is an improvement in the quality and efficiency of service. Areas where water
pipes or sewerage systems pass through or where water source is located shall be
entitled to at least 10% of the annual collection of the water to be allocated for
subsidies for low-income water consumers.

SEC. 4. Government Intervention. - Whether water supply for domestic
consumption is a public or a private enterprise, government and its instrumentalities
must closely be involved in the effective and efficient utilization of water resources
and their distribution for public consumption.

a. The Chief Executive. - The President of the Republic of the Philippines
is vested with control of water resources on behalf and in trust for the
Filipino people. A such, he has the sole authority to divert, dam, store,
abstract or use water resources, construct or maintain works for the use of
water resources. He may grant condonation of loans to local water districts
which failed to settle their financial accountabilities from the Local Water
Utilities Administration (LWUA), provided only the expenses incurred for
the distribution of water for domestic consumption shall be condoned.

b. The Local Water Utilities Administration. As mandated by law to a
promote and oversee the development of water supply systems in cities
and municipalities outside Metropolitan Manila and a primary lending
source of local water districts, it shall also be responsible for the
regulation, management and coordination of local policies in connection
with water supply for domestic usage. It shall propose comprehensive
plans for the utilization, conservation, development and improvement of
local water resources to local water districts, as well as initiate, control and
coordinate activities related to the development of water resources;
monitor and evaluate programs for the operation and maintenance of
water resources in the country; and advise the government on issues that
are likely to adversely affect water resources.

In coordination with the Department of Health (DOH) and the
Department of Natural Resources (DENR), it shall act on an application
for a water right by conducting public consultation to ascertain the
people's views on the grant of a water right and by publishing the
application in the Official Gazette and two newspapers of national
circulation to allow anyone who has an interest or objection to the
application to indicate and manifest the nature of their interest or
objection. They can also suspend the water right previously granted if it
interferes or alters the flow of water, or pollute water resources.

c. The Department of Health. Where DOH believes, based on a reliable
study, that the use of a water resource by a local water district or a private
water service provider or even private individuals poses a threat to public


health, it shall issue a notice ordering authorities to stop the use of the
water resource and its distribution.

d. The Department of Environment and Natural Resources. As the
government's arm tasked in the formulation, implementation and
monitoring of policies on all aspects of the environment, DENR shall issue
environmental permits and pollution abatement notices in order to control
waste discharges and emissions and to prevent or reduce water pollution.
It shall ensure that water service providers comply with environmental
impact assessments of their development plans.

e. Local Government Units. Local Government Units (LGUs), with the
supervision of the Department of the Interior and Local, shall promote
productive activity and social development in their respective areas by
removing all impediments to the construction of basic water
infrastructures and providing municipal works and services required in the
improvement and management of human settlements and the
environment. They shall ensure that there is adequate and affordable
supply of water. If necessary, provide water subsidy to the marginalized
residents. At the barangay level, barangay officials must mobilize their
respective constituencies in the initiation, implementation and monitoring,
of self-help water supply projects such as water pumps or rainwater
catchments.

Sec. 5. Consumption of Water from Traditional Sources. With regard
to the use of water from wells, streams, rivulets, lakes, and rivers, being a public
domain, local government authorities of the area where the traditional water source
is located shall ensure that it is conserved and its quality maintained by formulating
policies which are not ill contravention to customary or religious practices associated
with that particular traditional water source. As there are serious health implications
in fetching water from traditional water sources due to possible contamination with
bacteria and virus causing water borne diseases, the local health and sanitation office
shall examine the water coming from that source on a regular basis.

Digging of wells, whether in public or private land, shall be authorized by the
local government authorities. Public wells are for the consumption of the
communities where such wells are dug while owners of private wells are encouraged
to share the resource at their own volition. If local health inspectors discover that the
water from the wells are unfit for human consumption or has been contaminated,
they s restraining order to prevent people from collecting water from the said
contaminated wells. After a careful study and investigation and the water will not be
freed of contaminants, the local government authority shall order the destruction of
the well for public safety.



Sec. 6. Regulation of Water Refilling Stations. Due to the
commodification of water which has added burden to the marginalized sector who
cannot afford to buy distilled, purified or mineral water which purports to be safer
than tap water, local government units, through the local health and sanitation
offices and the regional offices of the Department of Trade and Industry, shall ensure
that the water is safe to drink and the cost is affordable by regularly assessing the
facilities and equipment’s of water refilling stations and the pricing to safeguard the
health and well-being of Consumers.

Sec. 7. Domestic Water Supply Governance Mechanism. Since
irregular supply and shortages of water supply is frequent and prevalent in almost all
locations in the country and people are forced to pay huge water bills, various
strategies may be employed to deal with water supply interruptions but with
limitations and restrictions such as water rationing, but the water is not usually
potable; the installation of water tanks which is expensive; and rainwater storing
which may pose dangerous health implications.

To avert these eventualities, local water districts, in coordination with LWUA
and LGUs concerned, shall institute a mechanism that will ensure continuous water
supply and issue regular advisories in cases of water interruptions, except if such
interruption was not foreseen. Regular monitoring of pipes and sewerages shall be
done conscientiously to ensure that water is safe for domestic consumption.

A prepaid water metering system shall be implemented to prevent
discrimination against households whose income may not warrant the approval of an
application for a water service line.

Rainwater harvesting shall be encouraged by instituting a centralized
rainwater catchment systems in the different regions of the country, rather than
having people store water in buckets and containers which are prone to insect
infestation such as mosquitoes and flies. Same system can be adopted in order to
prevent the overflowing of dams which cause tremendous flooding during rainy
seasons.

Sec. 8. Prohibition on the Construction of Infrastructures near
Water Resources. The construction of residential houses, public toilets, and other
establishments within proximity of water resources, as well as dumping of wastes
and garbage is hereby prohibited and violation of which shall be penalized in
accordance with existing laws.

Sec. 9. Consumer Perception and Satisfaction. Local water districts or
suppliers shall guarantee the satisfaction of its customers at all times by conducting
regular surveys regarding the quality of service and management to enable them to
improve on the operation of water delivery system.


Sec. 10. People's Participation. The community shall also do its
counterpart in the maintenance of the provision of water by participating in water
supply programmes aimed towards the conservation and sustainability of water
resources by reporting to local water districts any illegal water connection or water
leakages immediately. The contribution of local communities to the success of water
programmes shall never be under-estimated as they bring a wealth of knowledge
about the local environment that can never be provided by an outsider.

Sec. 11. Water Policy Reforms. - Government institutions mandated to
manage water resources shal] effectively institute regulatory policies and mechanism
to ensure that regulatory bodies and water industry actors act reasonably and do not
abuse their powers. Public consensus on proposed water policy reforms shall be
taken into consideration as reforms which do not have local support are unlikely to
succeed. The problems of the poor and marginalized in the design of programs for
water supply accessibility and affordability must be given special emphasis. Further,
proper interaction between researchers and policy makers shall be encouraged in
order to give impetus to the development of strategies in the enhancement of the
delivery of water supply for domestic consumption. Policy makers are duty bound to
clarify issues that are difficult to comprehend while researchers may develop models
through which public policy can be assessed.

Sec. 12, Budgetary Allocation. The national government shall provide
assistance to local governments in the construction of water service facilities and the
improvement of the quality of service, including the maintenance and operation of
local water districts, as well as include in the programs and services of government
agencies mandated to protect and conserve natural resources and to alleviate the
impoverished lives of the marginalized and low-income earners water projects.

Sec. 13. Implementing Rules and Regulations. The LWUA, in
coordination with the DILG, DOH, DENR, association of local water districts, and
other national agencies and private stakeholders to be determined by LWUA shall
formulate the rules and regulations necessary to implement the provisions of this Act
within six (6) months of its effectivity.

Sec. 14. Penal Provision. Any person, natural or juridical, who violates or
fails to comply with any of the provision of this Act shall be punished with a fine of
not less than One Hundred Thousand Pesos (P100, 000.00) and/or imprisonment of
not less than six (6) months but not more than two (2) years, or both at the
discretion of the court. If the offender is a public official, he/she shall, in addition to
the penalties stated above, be dismissed from government service.

SEC. 15. Separability Clause. - If any provision of this Act is found to be
unconstitutional, the remainder of this Act shall remain valid and subsisting.


SEC. 16. Repealing Clause. - All laws, decrees, executive orders, and rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 17. Effectivity, - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,