Republic of the Phi
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regitar Session

House BiLNo. 4782

Introduced by HONORABLE FERDINAND MARTIN G. ROMUALDEZ

EXPLANATORY NOTE

Nearly forty years after the passage of PD 198, otherwise known as the
“Provincial Water Utilities Act of 1973,” several areas in the country still does not
have satisfactory waler quality, water service is still poor, and water utiifies cannot
meet the needs and demands of the communities they serve.

One reason may be due to the fact that some water districts are not that
localty-controlled and managed as what PD 198 envisioned it to be. For example,
appointing authority in the Board of Directors is not weil distributed to all possible
local officials. In Sec. 3 (b) of PD 198, the appointing authority of a mayor of a city or
municipality is conditioned upon the event that more than seventy-five percent (75%)
of the total active water service connections of a local water district are within the
boundary of any city or municipality, as the case may be, otherwise, appointing
authority is vested in the governor.

Thus, this bill seeks to make decision-making by the Board of Directors “more
localized’ by including all local officials, e.g. mayor, governor and district
representative as persons empowered to appoint one member each of the Board of
Directors of a local water district regardless of the number of active water service
connections in the focal water district for these local officials are best qualified to
know the needs of their constituents.

It is believed that these three (3) members out of the five (5) total members of
the Board of Directors can better address the local concems of the community and
hopefully respond to the problems of the water consumers.

tn view of the foregoing, the passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 4782

Introduced by HONORABLE FERDINAND MARTIN G. ROMUALDEZ

AN ACT
AMENDING SECTION 23 OF PRESIDENTIAL DECREE NO. 198, AS AMENDED,
OTHERWISE KNOWN AS “THE PROVINCIAL WATER UTILITIES ACT OF 1973"
AND FOR OTHER PURPOSES,

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

SECTION 1. Section 3 of Presidential Decree No. 198, as amended, is hereby
further amended to read as follows

“Sec. 3 (b) Appointing Authority. — The person empowered to appoint the
members of the Board of Directors of a local water district depanding upon the
geographic coverage and population make-up of the particular WATER district. [In
the event that more than seventy-five percent of the total active service connections
of a local water district are within the boundary of any city or municipality, the
‘appointing authority shall be the mayor of the city or municipality, as the case may
be; otherwise, the appointing authority shall be the govemor of the province within
which the district is located: Provided, that if the existing waterworks system in the
city or municipality established as a water district under this Decree is operated and
managed by the province, initial appointment shall be extended by the governor of
the province. Subsequent appointments shall be as specified herein.| THE MAYOR,
GOVERNOR AND REPRESENTATIVE OF THE DISTRICT SHALL HAVE
AUTHORITY TO APPOINT ONE MEMBER EACH AND THE LWUA WITH THE
APPROVAL OF THE LWUA-BOT SHALL HAVE THE AUTHORITY TO APPOINT
TWO MEMBERS OF THE BOARD.

if portions of more than one [province] CITY OR MUNICIPALITY are included
‘within the boundary of the WATER district, [and the appointing authority is to be the



governor] then the power to appoint shall [rotate between the govemors involved
with the initial appointments made by the govemor in whose province the greatest
number of] RESIDE ON THE MAYOR OF THE CITY OR MUNICIPALITY WHERE
AT LEAST A MAJORITY OF THE TOTAL ACTIVE WATER service connections
exists,

SEC. 2. Separability Clause. — If any section or provision of this Act is
declared unconstitutional or invalid, the other sections or provisions not affected
‘thereby shail continue to be in force and effect.

SEC. 3. Repealing Clause. - All acts, decrees, executive orders, rules and
regulations, or part thereof inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SEC. 4, Effectivity Clause. - This act shall take effect after fifteen (15) days
following its publication in two (2) newspapers af general circulation.

Approved,