Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No,__©23 2

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

The Philippine government's responsibility to provide safe, clean, accessible and affordable
drinking water, sanitation, and irrigation service to the public is of utmost importance and it is
attainable through well-coordinated, effective, efficient and sustainable management of its water
and sanitation resources. The Philippine government must take in consideration the rapid
population growth, waterborne diseases like diarrhea, leptospirosis, and dengue, agricultural
requirements for food production, water pollution, watershed degradation, climate change, and
other related factors that need to be adequately addressed without delay.

The proposed measure thus now seeks to rationalize the water, irrigation, sewage, and sanitation
resource management, including water rights, through the creation of the Department of Water,
Irrigation, Sewage, and Sanitation Resource Management, Currently, our national government
consists of several agencies which take care of our water: a. National Water Resources Board
(NWRB), a government agency responsible for the enforcement of the Water Code of the
Philippines, under the Department of Environment and Natural Resources (DENR); b. Local
Water Utilities Administration (LWUA), a government-owned and controlled corporation
(GOCC) attached to the Department of Public Works and Highways (DPWH) and has regulatory
powers over: 1, all local water districts (LWDs): and 2. rural waterworks and sanitation
associations (RWSAs) nationwide: c. Metropolitan Waterworks and Sewerage System (MWSS),
a GOCC also attached to the DPWH, which is responsible for the water supply and sanitation in
Metropolitan Manila and such contiguous areas as may be added to its area of jurisdiction, and:
d. National Irrigation Administration (NIA), a government agency under the Office of the
President primarily responsible for irrigation development and management. With regulation and
management of the said water resources currently lodged with various units and agencies of the
government, there have been various challenges and confusions in the coordination and
implementation of the national policies and plans on water, sewage, sanitation, and irrigation.


The fragmentation among water-related agencies has resulted in a backlog in the provision of
water supply and sanitation services to the public.

‘The proposed measure shall address the immediate need to create the Department of Water,
Irrigation, Sewage and Sanitation Resource Management, which shall strengthen and coordinate
water resource planning and policy-making to ensure sustainable and fair allocation and efficient
use of water resources between competing water uses and users, including but not limited to
domestic and municipal use, irrigation, power generation, farming, fisheries, commercial, and
industrial use. The measure shall also prioritize and pursue the immediate attainment of universal
access to safe, adequate, and sustainable water supply and sanitation services for all Filipinos and
adopt all necessary measures directed towards the realization of providing a world-class,
affordable and sustainable water supply, sanitation and sewerage system accessible to every
Filipino.

In view of the foregoing, approval of this measure is earnestly sought.

P. ALFREDVARGAS
Fifth District, Quezon City


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

0232
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND
SANITATION RESOURCE MANAGEMENT, DEFINING ITS POWERS AND
FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

CHAPTER 1
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Department of Water, Irrigation,
‘Sewage, and Sanitation Resource Management Act."

Section. 2. Declaration o f Policy. - It is hereby declared the policy of the State to recognize,
protect, realize, and enhance the right of all Filipinos to safe, clean, affordable, and accessible
drinking water, sanitation and irrigation as essential to the full enjoyment of life and all human
rights and the protection and sustainability of the environment. In pursuit of said policy, this Act
shall have the following objectives: (a) To prioritize and pursue the immediate attainment of
universal access to safe, adequate, and sustainable water supply and sanitation services for all
Filipinos and adopt all necessary measures directed towards the realization of the human right to
water and sanitation; and (b)To strengthen and coordinate water resource planning and policy-
making to ensure sustainable and fair allocation and efficient use of water resources between
‘competing water uses and users, including but not limited to domestic and municipal use,
irrigation, power generation, farming, fisheries, commercial, and industrial use

Section. 3. Definition o f Terms. - For purposes of this Act, the following terms are hereby
defined:


a) Department refers to the Department of Water, Irrigation, Sewage, and Sanitation
Resource Management.

(b) Sanitation refers to sewage, sanitation, and septage management.

(©) Sewerage refers to any system or network of sanitary pipelines, ditches, channels, or
conduits including pumping stations, lift stations, and force mains, service connections
including other constructions, devices, or appliances appurtenant thereof, which includes the
collection, sanitary piping transport, pumping, and treatment of water-borne human or animal
waste removed from residences, buildings, institutions, and industrial and commercial
establishments to point of sewage treatment 20 plant disposal.

(d) Sewage refers to water-carried waste in solution or suspension, including sanitary
waste, commercial waste, industrial waste, agricultural waste, and surface runoff, conveyed by a
sewerage system for treatment or disposal. For purposes of this Act, the definition of septage
shall be included in the use of sewage.

{e) Septage refers to sludge produced on individual on-site wastewater 27 disposal
systems, principally septic tanks and cesspools. The terms "infrastructure" and "public works” as
used in this Act should be ready to apply only to wholly or primarily water-related projects and
shall not be read to incorporate projects which would not otherwise fall within the purview of
the objectives, powers, and duties of the Department.

CHAPTER II
ORGANIZATION

Section. 4. The Department o f Water, Irrigation, Sewage, and Sanitation Resource
4Management. - There is hereby created and established the Department of Water, 5 Irrigation,
Sewage, and Sanitation Resource Management, hereinafter referred to as the "Department,"
which shall be organized within one hundred twenty (120) days after the effectivity of this Act.
The Department shall be tasked with developing and implementing a comprehensive water,
irrigation, sewage, and sanitation program for the Philippines including, but not limited to: (a)
Implementing necessary policy and resource reforms with respect to the management of water,
irrigation, sewage, and sanitation; (b) Monitoring and evaluating compliance with the national
goals relating to water, irrigation, sewage, and sanitation; 1(c) Formulating an updated national
road map to address the water, sewage, and sanitation requirements of the State; and (d)
Improving conservation of water and increasing system efficiencies.

Section 5. Powers and Duties o f the Department, — The Department shall have the following
powers and duties, among others:


(a) Develop policies to promote universal access to safe, adequate, affordable, and sustainable
water supply, irrigation, sewage, and sanitation services for all Filipinos;

(b) Coordinate with relevant government agencies or entities to provide policy directions,
strategies, and targets to meet the goals and objectives for water supply, irrigation, sewage, and
sanitation. Such policies shall among other things, integrate the issues of water, irrigation,
sewage, energy, environment, and food security;

(©) Manage and protect the country's water resources to ensure the optimal use thereof for
domestic water supply, sewage, sanitation, irrigation, hydropower, navigation, flood control, and
recreation, including the enhancement and maintenance of water quality, conservation of
watersheds, control of water pollution, and environmental restoration, without compromising the
natural ecosystem functions and services;

(d) Manage the ownership, appropriation, utilization, exploitation, development, conservation,
and protection of water resources and rights to land related thereto and their competing demands;

(©) Undertake and coordinate with other agencies and government entities in data gathering,
scientific research, and studies on water resources management and development, and conduct
nationwide hydrologic surveys to determine the annual renewable water available per water
region;

(© Formulate and enforce rules and regulations in the administration and management of the
country's water resources and implement rules and guidelines for the enforcement of water-
related laws;

(g) Conduct continuing surveys and studies of the country’s renewable water supply with a view
towards formulating long-term policies to balance the sustainability and optimal use of water
resources, defining the hydrologic boundaries of basins of the existing water supply sources, and
creating and implementing countrywide master plans for water resources management and
development;

(h) Coordinate with and assist other government agencies in all aspects of data gathering,
conduct studies and research, and classify and establish water quality standards for surface and
ground water, including national standards for drinking water and wastewater effluence, in
coordination with relevant agencies;

( Coordinate with other relevant agencies to engage in flood control and flood risk
management, formulate integrated water resources management ([WRM) policies and plans, and
coordinate the implementation, promotion, revision, and enhancement of IWRM plans;

(}) Effect and compel inter-sectoral, inter-agency, and inter-departmental coordination on water,
irrigation, energy, environmental, sewage, and sanitation resources development planning with
the aim of operationalizing the integrated approach to water resources management;


(k) Regulate and control the utilization, exploitation, abstraction, diversion, and development of
water resources, taking into account its equitable distribution, and determine the standards of
beneficial and priority uses of water in times of crisis and national emergencies;

(D Assist and provide the National Economic and Development Authority (NEDA) with required
data and inputs from and for the water sector in the formulation of the country's short-term and
long-term strategic development plans and actions;

(m) Coordinate with other relevant government agencies and develop policies and plans in
respect of water resources for farming, including sustainable mechanisms for irrigation;

(n) Pass upon, approve, or disapprove all plans, programs, or development projects of private
individuals, corporations, and government agencies, whether national or local, that affect water
Tesources, its diversion or abstraction, and the construction of hydraulic facilities, including but
not limited to plans and projects in watershed or basin areas of water supply sources, which have
direct or indirect impact on the affected locality's water resources;

(0) Review from time to time regulations prescribed by any government agency pertaining to
water use, exploitation, development, conservation, or protection of waters, water resources, and
watershed or basin areas;

(p) Authorize its representatives or any deputized agent to enter any property of public dominion
or any private land, building, or enclave, whether inhabited or not, for the purpose of conducting
hydrologic surveys and investigations, including assessing and evaluating the conditions of water
facilities installed, and determining compliance with water laws and standards;

(q) Require Local Government Units (LGUs) and national agencies to submit zoning and land
use management plans to ensure the integration of water resource management plans: Provided,
That no zoning and land use plan shall become effective and enforceable unless and until a
certification of integration of water, sewage, and sanitation resource management plan has been
issued by the Department, Should the Department have serious concems affecting conservation
and sustainability of water supply, such concerns must first be resolved by the Department and
the concerned LGU and/or national agency. However, in the absence of such concerns, the
concerned LGU and/or government agency may, ninety (90) days from the submission of its
zoning and land use plan and after submitting to the Department a written notice of compliance
with this provision, proceed with the implementation of its zoning and land use plan without
Prejudice to later integration of the water resource management plan for the locality;

(®) Provide technical assistance to water, irrigation, sewer and sanitation users, whether directly
or in coordination with other agencies, to assist them in applying for water and irrigation permits
and providing data on water, irrigation, sewage, and sanitation resource usage;


(8) Plan, design, construct, and/or improve all types of irrigation projects and appurtenant
structures;

(f) Operate, maintain, and administer ail national irrigation systems (NIS);

(u) Supervise the operation, maintenance, and repair, or otherwise, administer temporarily all
communal and pump irrigation systems constructed, improved, and/or repaired wholly or
partially with government funds;

(¥) Supervise the operation, maintenance, and repair, or otherwise, administer temporarily all
communal and pump irrigation systems constructed, improved, and/or repaired wholly or
partially with government funds;

(w) Delegate the partial or full management of NIS to duly organized cooperatives or
associations;

(x) Construct multiple-purpose water resources projects designed primarily for irrigation, and
secondarily for hydraulic power development and/or other uses such as flood control, drainage,
land reclamation, domestic water supply, roads and highway construction, and reforestation,
among others; Provided, that the plans, designs, and the construction thereof, shall be undertaken
in coordination with the agencies concemed;

(y) Charge and collect from the beneficiaries of the water from all irrigation systems constructed
under its administration;

(2) In coordination with other relevant government agencies, develop and implement effective
codes, standards and reasonable guidelines to ensure the safety of all public and private
structures in the country and assure efficiency and proper quality in the construction of water,
irrigation, sewage, and sanitation infrastructures;

(aa) Coordinate with relevant government agencies, including the Department of Environment
and Natural Resources, to ensure that the agencies' respective standards complement each other
when taken as part of a larger whole;

(bb) In coordination with other relevant agencies, ascertain that all plans and project
implementation designs are consistent with current standards and guidelines;

(cc) Provide the works supervision function for all public works construction and ensure that
actual construction is done in accordance with approved government plans and specifications;

(dd) Assist other government agencies, including LCDs, in determining the most suitable entity
to undertake the actual construction of water, irrigation, sewage, and sanitation projects;

(ec) Maintain and cause to be maintained all flood control, water resource development systems,
irrigation systems, and other public works throughout the country except those that are the


esponsibility of other agencies as directed by the President of the Philippines or as provided! by
law;

(ff) Provide integrated planning for flood control, flood risk management, and water resource
development and management systems, other public works;

(ge) Issue and promulgate rules, regulations, and guidelines as may be necessary to implement
and enforce its powers and functions under this Act;

(hh) Determine and require the monitoring and submission of such data, statistics, and other
information as may be necessary for the effective and efficient exercise of its duties, functions,
powers and responsibilities;

(@ Respond to consumer complaints and ensure the adequate promotion of consumer interests;

Gi) Deputize agents, whether from the public or private sector, to assist in the performance of
any of the powers and functions of the Department;

(kk) Appoint, hire, and maintain adequate staff and personnel, advisers, and/or consultants, with
Suitable qualifications and experience, as necessary;

(1) Manage funds coursed through it under the General Appropriations Act intended as financial
assistance to LWDs or LGUs for the development and/or improvement of water supply and
sanitation facilities;

(mm) Exercise such other powers and functions necessary or incidental to the effective
administration and management of the country's water, irrigation, sewage, and sanitation
Tesources;

(nn) Exercise such other incidental powers and functions as may be necessaty to attain the
objectives of this Act; and

(00) Carry out such other functions as the President may from time to time assign to the
Department consistent with the aims and Provisions of this Act.

Section. 6- Secretary o f the Department 0 f Water, Sewage, and Sanitation. - The authority and
responsibility for the exercise of the mandate of the Department and for the discharge of its
Powers and functions shall be vested in the Secretary of the Department of Water, Sewage and
Sanitation, hereinafter referred to as the Secretary, who shall have supervision and control over
the Department and shall be appointed by the President. For such purposes, the Secretary shall:

(a) Advise the President on the promulgation of executive or administrative orders, regulations,
Proclamations, and other issuances relative to matters under the jurisdiction of the
Department;


(b) Establish the policies and standards for the operation of the Department pursuant to the
President's guidelines;

(c) Promulgate rules and regulations necessary to carry out Department objectives, policies, and
functions;

(d) Exercise supervision and control over all Bureaus and Offices under the Department;
(e) Supervise all attached agencies and corporations in accordance with law;

(8) As deemed appropriate by the Secretary, delegate authority for the performance of any power
or function, as defined herein or as delegated by the President, to officers and employees under
the Secretary's direction; and

(g) Perform such other duties and responsibilities as may be provided by law.

Section. 7. Office of the Secretary- The Office of the Secretary shall be composed of the
Secretary and his/her immediate staff.

Section. 8. Undersecretaries. - The Secretary shall be assisted by not more than five (5)
Undersecretaries, who shall be appointed by the President upon the recommendation of the
Secretary, as follows:

1) One for the Finance Service;

2) One for the Administrative Service;

3) One for the Planning and Engineering Services; 9

4) One for the Regulatory and Financial Assistance Services; and
5) One for the Operations.

Within her/his functional area of responsibility, an Undersecretary shall have the
following functions:

(a) Advise and assist the Secretary in the formulation and implementation of 14
Department policies, plans, programs, and projects;

(©) Supervise all the operational activities of the units assigned to her/him, for which
she/he is responsible to the Secretary; and

(©) Perform such other duties and responsibilities as may be assigned or delegated by the
Secretary to promote efficiency and effectiveness in the delivery of public services or as may be
required by law.


Section. 9. Assistant Secretaries. - The Secretary shall also be assisted by one Assistant
Secretary for Internal Audit and the five Undersecretaries shall each be assisted by not more
than three (3) Assistant Secretaries likewise appointed by the President of the Philippines upon
the recommendation of the Secretary.

Section. 10. Organizational Structure. - The Department shall be composed of the following
organization units:

(a) Department Proper consisting of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, the Internal Audit, Finance Service, Administrative
Service, Planning and Engineering Services, Regulatory and Financial Assistance Services; and
Operations; and

(b) Regional Offices, as deemed appropriate and necessary by the Secretary.

Section 11.- Internal Audit - The Internal Audit is hereby created for the purpose of conducting
comprehensive audit of various Department activities and shall have the following specific
functions:

(a) Advise the Secretary on all matters relating to management control and operations
audit;

(b) Conduct management and operations performance audit of Department activities and
units and determine as to compliance with established objectives, policies, methods and
procedures, government regulations, and contractual obligations of the Department;

(©) Review and appraise systems and procedures, organizational structure, assets
management practices, accounting, and other records, reports, and performance standards of the
Department of Proper and Regional Offices;

(d) Analyze and evaluate management deficiencies and assist top management to solve
problems by recommending realistic courses of action; and

(@) Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

Section. 12 - Finance Service. - The Finance Services is hereby created to provide the
Department with coordinated services relating to financial systems and procedures, budget, cash,
accounting, and ail financial matters not falling under other Services. For such purposes, it shall
have the following functions;

(a) Advise the Secretary on all matters relating to the accounting of government
expenditures and receipts, budgeting and cash management, project finances, and financial
systems and procedures;


(b) Prepare budget proposals and pursue formal budget authorizations, undertake budget
execution, and prepare and submit all appropriate reports to the proper offices;

(©) Develop and maintain accounting, financial, and assets management systems,
procedures, and practices in the Department Proper and Regional Offices in accordance with the
existing government accounting and auditing rules and regulations;

(@) Provide assistance in its area of specialization to any unit of the Department and,
when requested, to government corporations, councils, and boards attached to the Department;
and

(©) Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

Section. 13. Administrative Service. - The Administrative Service is hereby created to
provide the Department with services relating to human resources development, personnel
records, facilities maintenance, medical and dental, gender and development (GAD), security,
property and procurement services. For such purposes, it shall have the following functions:

(a) Advise the Secretary on all matters relating to internal administration and 19 human
resources management;

(b) Prepare and implement an integrated personnel plan that shall include provisions on
merit promotion, performance evaluation, job rotation, suggestions and incentive awards
systems, and health and welfare services;

(c) Provide services related to human resource training, education, and development,
including manpower, career planning and forecasting and development of indigenous training
materials;

(@ Prepare and/or implement Department GAD plans and budgets and GAD
accomplishment reports;

(©) Develop, establish, and maintain an efficient and cost-effective property procurement

system and facilities and coordinate or otherwise interface with relevant agencies, whether
government or private, for the purpose of developing or upgrading the system;

(f) Secure and maintain necessary Department facilities, and develop, establish, and
maintain an efficient and effective security system covering, among others, personnel, physical
installations, equipment, documents, and materials, including the conduct of security
investigations;


(g) Coordinate with the appropriate government agencies for a more efficient conduct of
administrative processes;

(h) Develop, establish and maintain an efficient records system;

(H Provide assistance in its area of specialization to the Department Proper and Regional
Offices and, when requested, the government agencies and corporations attached to the
Department; and

(i Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

Section. 14. Planning and Engineering Services. - The Planning and Engineering
Services is hereby created to provide the Department with the capability to undertake
infrastructure development planning, programming, and implementation. For this purpose, it
shall have the following functions:

(a) Advise the Secretary on all matters relating to infrastructure planning and
implementation;

(b) Formulate strategies and priorities for infrastructure development consistent with
national development objectives and initiate or undertake relevant surveys for development
planning;

(©) Formulate and implement long-range, medium-term and annual development plans
and programs for infrastructure, including flood control, water resource development systems.
and other public works projects, including phasing of implementation and review and integrate
land use plans with such water development plans;

(@ Identify and implement priority packages for infrastructure development, including
flood control, water resource development systems, and other public works projects, and
undertake or supervise and evaluate the conduct of feasibility studies and project preparation and
implementation thereof,

(©) Prioritize project implementation and the allocation of funds and other resources and
package project proposals for funding and implementation;

(f) Evaluate and appraise all regional interregional infrastructure development plans and
Programs as to their feasibility and consistency with approved strategies and long and medium-
tens plans;

(g) Initiate regular Department-wide planning exercises and act as the secretariat thereof;
(h) Gather, analyze, and organize needed statistical data and information;


(i) Provide technical assistance related to its functions to the other Services and Regional
Offices as needed; and

(j) Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law

Section, 15. Regulatory and Financial Assistance Services. - The Regulatory and
Financial Assistance Services is hereby created to provide the Department with services on all
legal affairs, compliance of attached government corporations, LWDs, RWSAs, cooperatives,
and other associations, including private entities under contractual or concession arrangement
with them, and other private water service providers on the established standards, rules and
regulations relating to: water quality; infrastructure and facilities design and construction;
equipment, materials and supplies; operations and maintenance; personnel; organization;
accounting; tariffs; and other matters subject to regulation. It shall also provide the Department
services on the management of the financial assistance available and granted to LWDs and
RWSAs. For this purpose, it shall have the following functions:

(a) Advise the Secretary on all matters relating to legal affairs and regulation of the
operation of the attached corporations, LWDs, RWSASs, cooperatives and other associations;

(b) Provide legal assistance to the Department Proper and Regional Offices 7 and, when
requested, the attached corporations and boards;

(©) Prepare Department contracts and legal instruments, review of administrative charges
against officers and employees of the Department, members of the top management of the
attached corporations and boards;

(@) Conduct administrative investigation as well as the review of administrative charges
against officers and employees of the Department, members of the top management of the
attached corporations and boards;

(e) Exercise functional jurisdiction over the legal staffs of Regional Offices;

(® Establish standards for water quality; design and construction of facilities; optimum
selection of equipment, materials and supplies; procedures for operations and maintenance of
water and sewer equipment and facilities; training of personnel; organization; uniform
accounting system; tariffs;

(g) Review all water rates or charges;

(h) Manage the financial assistance available and granted to LWDs, RWSAs and other
qualified water utilities.


Section. 16. Operations. - The Operations is hereby created to provide the Department
through Regional Offices with the capability to plan, design, and implement projects for water
resource development systems, irrigation, flood control, and other public works in different
regions of the country. For this purpose, it shall have the following functions:

(@) Undertake and evaluate the planning, design, construction, and works supervision
functions of the Department for the abovementioned infrastructure within the region;

(b) Undertake the maintenance of the abovementioned infrastructure within the region
and supervise the maintenance of such local infrastructure receiving national government
financial assistance as the Secretary may determine;

(c) Ensure the implementation of laws, policies, programs, rules and regulations
regarding the abovementioned infrastructure as well as public and private physical structures;

(@ Provide technical assistance related to their functions to other agencies within the
region;

(e) Coordinate with other departments, agencies, institutions, and organizations within
the region, in the planning and implementation of infrastructure projects,

(® Conduct continuing consultations with the local communities, take appropriate
measures to make the services of the Department responsive to the needs of the general public,
compile and submit such information to the central office, and recommend such appropriate
actions as may be necessary; and

(g) Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law.

Section. 17. Regional Director. - Each Regional Office shall be headed by a Regional
Director who shall be responsible for efficiently and effectively carrying out the duties and
responsibilities of the Regional Office. She/he shall also perform such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as may be required by law.
The Regional Director shall be assisted by two (2) Assistant Regional Directors who shall
exercise supervision respectively over:

(1) the planning, project design, evaiuation, and technical assistance functions of the
Regional Office, and

(2) the 2 construction, maintenance, and works supervision functions in the region.


CHAPTER III
TRANSITORY PROVISIONS

Section. 18. Interface with Other Sector Regulators. - The Department is mandated to
coordinate with the different sector regulators as follows:

(a) The Department of Environment and Natural Resources (DENR) shail continue to
have the primary authority and responsibility for protecting the environment and for the
conservation of water and related natural resources, including protecting water bodies from
‘waste and pollution and shall promulgate rules, regulations, and standards in this regard. The
‘Department shall coordinate with the DENR with respect to the conservation of water resources,
protection from sewage and septage waste, and restoration from environment damage;

(b)The Department of Health (DOH) shall have primary authority and responsibility for
determining and enforcing drinking water quality and sanitation standards. The Department shall
coordinate with the DOH to achieve an integrated approach for sanitation, including toilets,
collection, treatment, and evaluation of wastewater.

(c)The Department shall subsume responsibility from the Department of Public Works
and Highways (DPWH) for wholly or primarily water-related public works projects including
flood control, water resources development, sewerage, sanitation, and the hamessing and
impounding of water. The Secretaries of each department shall coordinate on the development
of evaluation criteria as necessary, to determine proper allocation of public works projects
between the two departments;

(@) The Department shall absorb the responsibility from the Department of Interior and
Local Government (DILG) on the management and operation of water supply systems of local
government units.

Section 19. Transfer o f Rights and Obligations. - The Department, shall by virtue of this
Act, be subrogated to all the rights, and assume all the obligations of the relevant parts of any
government agency or unit whose powers and duties have been transferred to the Department,
including the DPWH, National Irrigation Administration (NIA), National Water Resources
Board (NWRB), Metropolitan Waterworks and Sewerage System (MWSS), Local Water
Utilities Administration (LWUA), Metro Manila Development Authority (MMDA), and the
Department of Interior and Local Government (DILG).The transfer of powers and functions in
Section 18 above, as applicable, and agencies attached thereto, as herein provided for, shall take
effect within one hundred eighty (180) days after the effectivity of this Act.

The foregoing transfer of powers and functions shall include all applicable funds,
personnel, records, property, and equipment, as may be necessary. All offices shall continue to
function under their present mandates until transition is effected as provided for under this Act
All rights and obligations of said government agencies are hereby transferred to and assumed by


the Department and shall be acted upon in accordance with the rules and regulations of the
Commission on Audit and other pertinent laws, rules, and regulations.

Section 20. Separation from Service. - Employees separated from government service
as a result of this Act shall be entitled to the benefits that they may receive under existing laws,
rules, and regulations.

Section, 21. Implementing Rules and Regulations. — Within one hundred eighty (180)
days from the effectivity of this Act, the Department, in consultation with the concerned
government agencies, shall promulgate the necessary implementing rules and regulations for the
implementation of this Act: Provided, That such revised implementing rules and regulations
shall only take effect fifteen (15) days following its 3 publication in two (2) newspapers of
general circulation.

Section. 22. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shali be sourced from any available funds of the National Treasury,
and is hereby appropriated and authorized to be released for the organization of the Department
and its initial operations. Thereafter, funds sufficient to fully carry out the objectives, powers,
and 9 functions of the Department shall be appropriated every fiscal year in the General
Appropriations Act. The Department shall submit its annual budget, which shall include, among
others, detailed information on the compensation and benefits received by their employees to
the Office of the President for approval.

Section. 23. Separability Clause. - If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

Section 24. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provision of this Act is hereby repealed, modified or amended accordingly.

Section. 25. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette and in at least one (1) newspaper of general
circulation.

Approved.