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Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2879

HOUSE BILL NO.

Introduced by Rep. ERICO ARISTOTLE C. AUMENTADO

EXPLANATORY NOTE

As an archipelagic nation, the Philippines is a blessed with an abundant source
Of water including rivers, lakes, river basins, and groundwater reservoirs. Groundwater
resources are continuously recharged by rain and seepage from rivers and lakes.
Theoretically, the freshwater storage capacity and the high rate of Precipitation assure
the country an adequate Supply for its agricultural, industrial and domestic uses.
However, seasonal variations are considerable and geographic distribution is biased,
coupled by mismanagement on the Part of both private public and regulators, often
resulting in water shortages in highly populated areas, especially during the dry season.

The country’s major water users are the agricultural sector, which accounts for
85.27 percent of the total water supply, the industrial sector which consumes 7.46% and
lastly the domestic users which use the remaining 7.27 percent (PEM, 2003; 2004)

According to the '2006 Little Green Data Book’ of the World Bank, one out of five
Filipinos does not get water from formal sources. Only 77 percent of the rural population
and 90 percent of those in urban areas have the access to an improved water source
and only 44 percent have direct wells, Springs, communal faucets, and/or from small-
‘scale informal providers. Water ‘supplied by all sources in the Philippines is considered
unsafe for drinking without further treatment.


On the most critical issues Confronting the Philippine water sector is the lack of
an appropriate institutional framework to address issues of development and
management of water and related resources. At present, the National Water Resources
Regulatory Board (NWRB) is responsible for policy formulation, administration and
enforcement of the Water Code of the Philippines. But there are over 30 other agencies
Separately dealing mainly with each of the sectors of water supply, irrigation,
hydropower, flood control, pollution, and watershed management. It is this fragmented
approach to water management, which causes an Overlap of work and conflicts among
agencies and results in a fractional water management plan that does not adequately
meet the requirements for long term ‘sustainability.

This bill seeks to rationalize the resource management of water, sewage and
Sanitation through the creation of the Department of Water, Sewage and Sanitation.

The Department shall have the following functions:

1) Set the policy for water supply and sewage and septage management;

2) Mange the country's water resources to ensure optimal use, including the
preservation of land and water;

3) Build, maintain and monitor water-related infrastructure to water quality and
accessibility; and,

4) Contribute to international dialogue and push for domestic adoption of policies to
achieve universal access to water and sanitation.

To live in @ community that is clean, free from human waste, and abundant with
safe and affordable drinking water is an utmost human right. Through this bill, the
Philippines is declaring its commitment to achieving the realization of universal access
to water and sanitation and sustainable management of water resources as an
indispensable basis for social and economic improvement of the country, and providing
for the basic health requirements of the people.

For the foregoing reasons, the immediate consideration and passage of this bill is
earnestly urged.

ERIC ; AUMENTADO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 287: 3

Introduced by Rep. ERICO ARISTOTLE C. AUMENTADO

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

Be it enacted by the Senate and the House of representative of the Philippines in
Congress Assembled

Chapter |
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Department of Water, Sewage,
and Sanitation Resource Management Act of 2019”

SECTION 2. Declaration of Policy. — it is hereby declared the policy of the State to
Fecognize, protect, realize, and enhance the right of the Filipinos to safe, clean, affordable,
accessible drinking water, sanitation and as essential to the full enjoyment of life and all human
rights and protection and sustainability of the environment.

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

fa)


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, power generation, and commercial and industrial use.

SECTION 3. DEFINITION OF TERMS.- For the purposes of this Act, the following
terms are hereby defined:

a) Department ~ refers to the Department of Water, Sewerage and Sanitation
Resource Management.

b) Sanitation - refers to sewerage, sanitation, and septage management

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

a) 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, institution, and industrial and commercial establishments
to point of sewage treatment plant disposal.

©) Septage ~ refers to sludge produced on individual on-site waste water disposal
system, principally septic tanks and cesspools.

CHAPTER II
ORGANIZATION

SECTION 4. The Department of Water, Sewege and Sanitation Resource Management-
There is hereby created and established the Department of Water, Sewage, and Sanitation
Resource Management, hereafter referred to as the “Department”, which shall be organized
within after the effectivity of this Act. The Department shall be tasked with developing and
implementing a comprehensive water, sewage, and sanitation program for the Philippines
including, but not limited to:

a)
b)
¢)

a)

Implementing necessary policy and resource reforms with respect to the
management of water, sewage and sanitation

Monitoring and evaluating compliance with the national goals relating to water,
sewage and sanitation.

Formulating a national update roadmap to address the water, sewage and
sanitation; and

Improving conservation of water and increasing system efficiencies.


SECTION 5. Powers and Duties of the Department — The Department shall have the following
Powers and duties, among others:

a)

b)

)

qd)

8)

h)

i

k)

Develop policies to promote universal access to safe, adequate, affordable, and
Sustainable water supply, sewage, and sanitation services for all Filipinos;

Coordinate with relevant government agencies or entities to provide policy directions,
strategies, and targets to meet the goals and objectives for water supply, sewage, and
sanitation. Such policies shall, among other things, integrate the issues of water, sewer,
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, 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;

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

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;

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

Coordinate with the 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 (IWRM) policies and
plans, and coordinate the implementation, promotion, revision, and enhancement of
IWRM plans;

Compel inter- sectoral, inter-agency, and inter-departmental coordination on water,
energy, environmental, sewage, and sanitation resources development planning with
the aim of operationalizing the integrated approach water resources management;
Regulate and contro! the utilization, exploitation, abstraction, diversion, and
development of water resources, taking into its equitable distribution and determine

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the standards of beneficial and Priority uses of water in times of crisis and national
‘emergencies;

}) 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 development policies and
plans in respect of water resources for farming, including sustainable mechanisms,

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 resources, 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 the 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 investigation, including assessing and
evaluating the conditions of water facilities installed and determining compliance with
water laws and standards;

9) Require Local Government Units (LGUs) and national agencies to submit zoning and land

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 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.

1) Provide technical assistance to water, sewer and sanitation users, whether directly or in
Coordination with other agencies, to assist them in applying for water

t) and providing data on water, sewage and sanitation resource usage.

u) Maintain or cause to be maintained all flood control, water resource development
systems, and other public works throughout the country except those that are the
responsibility of other agencies as directed by the President of the Philippines or as
Provided by law.

SECTION 6. Secretary of the Department of Water, Sewage and Sanitation — The authority
and responsibility for the exercise of the mandate of the Department and for the discharge

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of its powers and functions shall be vested in the Secretary, who shall have the 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,
regulation, 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;

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

d) Exercise supervision and control over the Bureaus and Office under the Department;

©) Supervise all attached agencies and corporations in accordance with law;

f) As deemed appropriate by the Secretary, delegate authority for the performance of
any power or function, as define herein or as delegated by the President, to officers
and employees under his direction, and

8) Perform such other duties and responsibilities as may provided by law.

SECTION 7. Office of the Secretary — The Office of the Secretary shall be composed of
the Secretary and his 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

4) One for the Regulatory and Financial Assistance Services, and
5) One for operations

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

a) Advise and assist the Secretary in the formulation of Department
Policies, plans, programs and projects;

b) Supervise all the operational activities of the units assigned to her/him,
for which she/he is responsible for 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 (5) Undersecretaries shall each be assisted by

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not more than three (3) Assistant Secretaries likewise appointed by the President of the
Philippine 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 on Secretary on all matters relating to management control and
Operations audit;

5) 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 regulations 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;

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

e) 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
Department with coordinated services relating to financial systems and procedures,
budget, cash, accounting, and all 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 proper offices;

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c) 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;

d) 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

e) 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
human resources management;

b) Prepare and implement an integrated development plan that shall include
Provisions on merit promotion, performance evaluation, job rotation,
Suggestion and incentives awards systems, and health and welfare services;

¢) Provide services related to human resource training, education, ad
development, including manpower, career planning and forecasting and
development of indigenous training material;

d) Prepare and/or implement Department GAD plans and budgets and GAD
accomplishments reports;

©) Develop, establish, and maintain an efficient and cost-effective property
Procurement system and facilities and coordinate and 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 effective efficient security system covering, among others,
Personnel, physical instillations, equipment, documents, and materials,
including the conduct of security investigations;

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

h) Develop, establish and Maintain an efficient records system;

') Provide assistance in its areas 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;

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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, programing and implementation. For this
Purpose, it shall have the following functions:

a) Advise the Secretary in 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 recommendation and review and integrate land use
plans with such water development plans;

4) 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;

A) Evaluate and appraise all regional interregional infrastructure development
Plans and programs as to their feasibility and consistency with approved
strategies and long and medium-term plans;

g) Initiate regular Department-wide planning exercises and act as the
secretariat thereof;

h) Gather, analyze, and organize needed statistical data and information;

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

4) 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, RWASAs,
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

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on the financial assistance available and granted to LWDs and RWSAs. For this purpose,
it shall have the following functions:

a)

b)

8)
h)

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

Provide legal assistance to the Department Proper and Regional Offices 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;

Exercise functional jurisdiction over the legal staffs of Regional Offices;
Establish standards for: water quality; design and construction if facilities;
optimum selection of equipment, materials and supplies; procedures for
Operations and maintenance of water and sewer equipment facilities;
training of personnel; organization; uniform accounting system; tariffs;
Review all water rates or charges;

Manage the financial assistance available and granted to LWDs, RWAs and
other qualified water utilities.

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

a)

b)

Undertake and evaluate the planning, design, construction, and works
Supervision functions of the Department for the abovementioned
infrastructure withi the region;

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

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

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

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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

8) Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by the 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) Assistance Regional Directors who
shall exercise supervision respectively over (1) the planning, project design, evaluation,
and technical assistance functions of the Regional Office, and (2) the construction,
maintenance, and work supervision functions in the region.

CHAPTER III
TRANSITORY PROVISION

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

a) The Department of Environment and Natural Resources (DENR) shall
continue to have the primary authority and responsibility for protecting the
environment and for the conversation of water and related natural
resources, including water bodies from waste and pollution and shall
Promulgate rules, regulates, and standards in this regard. The Department
shall coordinate with the DENR with respect to the conversation of water
resources, protection from sewage and septic 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, collections,
treatment, and evaluation of wastewater.

¢)_ The Department shall subsume responsibility from the Department of Public
Works and Highways (DPWH) for wholly and primary water-related public
works projects including flood control, water resources development,
Sewerage, sanitation, and the harnessing and impounding of water. The
Secretaries of each department shall coordinate on the development of the

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evaluation criteria, as necessary, to determine proper allocation of public
works projects between the two departments.

d) 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. Transfers of 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 Mania Development
Authority (MMDA), and the Department of interior and Local Government (DILG).

The transfer of power and functions in Section 18 above, as applicable, and agencies
attached thereto, as herein provided for, shall take effect 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 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 the result of this Act shall be entitled to the benefits that they may receive under
existing laws, rules, and regulations,

SETION 21, Funding ~ The sum of Billion Pesos shall be set aside
from any available funds of the National Treasury, and is hereby appropriated and
authorized to be released, for the organization of the Department of its initial
operations.

Thereafter, funds sufficient to fully carry out the objectives, powers and 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 approval.

SECTION 22. Separability Clause. — In any provisions or part hereof, is invalid or

unconstitutional, the remainder for the law or the provision not otherwise affected shall
remain valid and subsisting.

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SECTION 23. 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 24. Effectivity Clause — This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation with its Implementing

Rules and Regulations Promulgated by the MPPPC within sixty (60) days from the formal
organization of the Council.

Approved

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