Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4698
HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

This bill seeks to mandate the construction of rainwater harvesting facilities in
all new public and private commercial, institutional, and residential
developments in Metro Manila in order to adapt to the changing climate and
combat the devastating effects of heavy rainfall and typhoons that continue

to plague our country.

Requiring new buildings to integrate a rainwater harvesting facility to their
building plans is seen as a measure that will contribute to our government's
effort to prevent, mitigate, and control floods. This measure is also seen to
strengthen the water supply of the metro, which was an emergent problem as
evidenced by the recent water crisis that Metro Manila faced.

As a manifestation of support to our colleagues in Congress who likewise
advocate the urgency of this matter, this representation respectfully refiles
this bill.

JOHN/MARVI UL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4698

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT MANDATING THE ESTABLISHMENT AND MAINTENANCE OF A
RAINWATER HARVESTING FACILITY IN ALL NEW INSTITUTIONAL,
COMMERCIAL, AND RESIDENTIAL DEVELOPMENT PROJECTS IN
METRO MANILA

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

SECTION 1. Short Title. - This Act shall be known as the “Rainwater
Harvesting Facility Act.”

SEC. 2. Declaration of Policy. — It is declared a policy of the State to protect
and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. Pursuant thereto, the State
shall mandate the establishment of rainwater harvesting facilities to reduce
flooding and relieve the metropolis of the devastating effects of typhoons and
other weather disturbances, shall urge the conservation of potable water, and
shall engage the active participation of the public and private sector in the
flood mitigating efforts and initiatives of the government.

The State recognizes Metro Manila as one of the densest areas in the country.
To mitigate the adverse effects of a continuing growth in population and
widening community developments, the State shall ensure that Metro Manila
local governments are capacitated to respond to threats wrought by natural
calamities and disasters such as massive flooding.

Towards this end, the State shall mandate the construction of rainwater
harvesting facilities in all new public and private commercial, institutional, and
residential developments in Metro Manila. Pursuant thereto owners and
developers of all new public and private commercial, institutional, and
residential development projects in Metro Manila requiring the issuance of


building permit are mandated to design and construct a rainwater harvesting
facility to prevent or delay the release of rainwater and runoff water into the
public drainage systems, creeks, and natural waterways.

SEC. 3. Definition of Terms. - As used in this Act:

a. Rainwater harvesting facility refers to a flood control structure such as
vertical detention tank, horizontal water tank, open retarding basin, and
multi-use water catchment area, or an on-site regulation pond used to
prevent to delay the release of rainwater into the public drainage
system; and

b. Rainwater Harvesting Facility Requirement refers to the average length
of time in years for a rain-related natural disaster of given magnitude
to be equaled or exceeded by the length of time that a rainwater-related
disaster may probably recur.

SEC. 4. Rainwater Harvesting Facility Requirement. - An owner or
developer of a new commercial, institutional, and residential development
project in Metro Manila, with an area of at least one thousand five hundred
(1,500) square meters and requiring the issuance of building permit, shall
reserve, develop, and maintain at least three percent (3%) of the total area,
exclusive of roads, service streets and alleys, as a rainwater harvesting
facility.

The owner or developer of an on-goina commercial, institutional, and
residential development project in Metro Manila that has no existing provision
for a rainwater harvesting facility shall build the facility within a period of three
(3) years from the effectivity of this Act, or suffer the penalty imposed in
Section 8 thereof.

To conserve potable water, rainwater collected by a harvesting facility may be
used for non-potable and suitable purposes, such as gardening and air-cooling

processes.

SEC. 5. Design Approval. - The provision for a rainwater harvesting facility
shall be required by the Department of Human Settlements and Urban
Development (DHSUD) and local government units (LGUs) to be incorporated
in the design of all new commercial, institutional, and residential development
projects in Metro Manila and no project design shall be approved for
construction unless it includes such facility. The DHSUD and the LGUs shall


ensure that these facilities are built during the construction dphase of the
projects.

SEC. 6. Design Requirements. - The rainwater harvesting facility must be
designed to cope with a pre-determined flood and rain return period and must
have a storage capacity prescribed by the Department of Public Works and
Highways (DPWH), The design of the rainwater harvesting facility shall include
the following:

a) Size, shape and physical characteristics of available space;

b) Construction plans with specified material type including lining and
coating requirements, and

c) Detailed drawing on how the installation will drain into an outfall
structure such as drywell or percolation chamber, storm drain system,
drainage channel, or natural wash.

SEC. 7. Buildina Permits. - If the desian of a new commercial, institutional.
and residential project in Metro Manila with an area of at least one thousand
five hundred (1,500) square meters does not provide for a rainwater
harvesting facility, the LGU concerned shall deny the request for issuance of
a building permit for such project.

SEC. 8. Penalties. - The owner or developer of all new commercial,
institutional, and residential development projects in Metro Manila who fails to
construct a rainwater harvesting facility in violation of Section 4 of this Act
shall suffer the penalty of a fine of not less than Five hundred thousand pesos
(P 500,000.00), but not more than Two million pesos (P 2,000,000.00) for
every year of non-compliance.

In the case of a partnership, association, corporation or any juridical person,
the fine shall be imposed upon the president, treasurer or any other officer or

person responsible for the violation.

If the offender is a foreigner, the foreigner shall be deported immediately
without further proceedings after payment of fine. The head of the
government institution who violated Section 4 of this Act, or government
officials, employees, and agents who issue licenses or permits in violation of
Section 8 of this Act, shall suffer the penalty of suspension of not less than


ten (10) days, but not more than one hundred eighty (180) days after due
notice and hearing in an appropriate administrative proceeding.

SEC. 9. Implementing Rules and Regulations. - Within sixty (60) days
from the effectivity of this Act, the Secretary of Public Works and Highways
shall, in coordination with the Secretary of the Interior and Local Government,
the Secretary of Human Settlements and Urban Development, and the
Administrator of the Philippine Atmospheric, Geophysical and Astronomical
Services Administration, promulgate the rules and regulations for the effective
implementation of this Act. The implementing rules and regulations shall
include the standards and guidelines for the design, construction, installation,
materials, site selection and planning, site-specific considerations, and
maintenance of the rainwater harvesting facility.

SEC. 10. Separability Clause. - If any provision or part of this Act is declared

invalid or unconstitutional, the remainder of this Act or any provisions not
affected thereby shall remain in full force and effect.

SEC. 33. Repealing Clause. - All other laws, rules and regulations, orders,
circulars, and other issuances or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

SEC. 34, EFFECTIVITY. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of general

circulation.

Approved,