Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

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INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
ENSURING SAFE DRINKING WATER, AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 856, OTHERWISE KNOWN AS THE CODE
ON SANITATION OF THE PHILIPPINES AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The United Nations affirms the fundamental human right to water and
sanitation, stating that it is indispensable for leading a life in human dignity
and a prerequisite for the realization of all human rights.! This recognition
calls upon States and international organizations to provide financial
resources, help capacity-building and technology transfer to help developing
countries to provide safe, clean, accessible, and affordable drinking water
and sanitation for all.

The Philippines, despite being surrounded by natural bodies of water,
remain in need of safe and accessible water supplies. According to the World
Health Organization, one out of 10 Filipinos still have no access to improved
water resources? and often have to rely on unimproved, unsafe, and
unsustainable water sources.

In order to have access to safe drinking water, some Filipinos depend
on water refilling stations. According to the Pediatric Infectious Disease

1 United Nations Committee on Economic, Social and Cultural Rights. November 2002.
General Comment No. 15. The right to water.

https: //www.un.org/waterforlifedecade/human_ right to water.shtml (Accessed 21
November 2020)

2 World Health Organization (2019) Water shortage in the Philippines threatens sustainable
development and health. https: / /www.who.int/philippines /news/feature-

health (Accessed 16 November 2020)


Society of the Philippines, the water provided by these private businesses
may test negative for microorganisms, but containers still may contain
bacteria due to unwell kept containers and improper sanitation procedures.

Keeping one's family safe from waterborne diseases such as
Amoebiasis. Diarrhea, Cholera, and Typhoid Fever would be very difficult.
There are still thousands of Filipinos left behind. Those that are unable to
rely on water refilling stations are vulnerable. The lack of safe drinking
water has affected many lives in the country. In 2016, acute watery
Diarrhoeal disease has victimized 139,000 lives, which led this disease to be
part of the top 10 leading causes of death in the Philippines. In 2014, there
was a cholera outbreak in North Cotabato with 438 persons tested positive
for cholera and 46 others tested positive for amoebiasis.? Other factors such
as climate change and natural disastrous phenomena has contributed to the
worsening of the issue.

In response to the immediate need to ensure the quality of drinking
water, in December 2017, the Department of Health (DOH) presented the
Philippine National Standards for Drinking Water (PNSDW) to various
stakeholders, embodied in the DOH Administrative Order No. 10 series of
2017. The PNSDW prescribes the standards and procedures on drinking-
water quality aiming to protect the public and consumer's health.

However, as of 2020, nearly 5 million Filipinos still rely on unsafe and
unsustainable water sources, 9 million lack access to improved sanitation
and there remains the water and sanitation crisis that need to be
addressed.* Thus, existing laws and policies must be revisited and must
strengthen its focus on quality assessment and increasing access to safe
water for the health and welfare of all Filipino families.

It is the duty of the State play an active role in ensuring all Filipinos
have safe and potable drinking water by implementing a comprehensive
management program on water safety planning, including water quality
surveillance, adoption of risk management strategies for the protection of
water supply systems, and the use of appropriate tools and instruments to
properly monitor and enforce quality drinking water standards.

This bill seeks to amend the existing provisions of the Sanitation Code
of the Philippines on water supply. Among others, it requires the physical,
bacteriological and general systematic chemical and over-all examination of
water quality every two months. The result of such testing must be
submitted to the Department of Health (DOH) for appropriate action and to

8 Philstar Global (2015) Diseases you can get from unsafe drinking watre.

https: / /www philstar.com /lifestyle /health-and-family/2015/09/06/1471788/diseases-
you-can-get-unsafe-drinking-water (Accessed 16 November 2020)

* Water.org. 2020. Philippines’ Water and Sanitation Crisis. https://water.org/our-
impact/where-we-work/philippines/ (Accessed 21 November 2020)



the consumers so that they will be properly apprised of the quality of the
water they are consuming.

This proposed legislation aims to require all water service providers to
prepare a water safety plan, and submit the same to the DOH for approval.
They shall also furnish their customers an annual consumer confidence
report which must include information regarding their current treatment
techniques, monitoring procedures, and level of contaminants in the water
system, among others. This bill also serves as a counterpart legislation for
Senate Bill No. 713 filed by Senator Joel Villanueva.

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

VARGAS


Republic of the Philippines
House of Representatives
Quezon City, Motes Manila
EIGHTEENTH CONGRESS

Second Regular Session

House Bill No. 8079

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
ENSURING SAFE DRINKING WATER, AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 856, OTHERWISE KNOWN AS THE CODE
ON SANITATION OF THE PHILIPPINES AND FOR OTHER PURPOSES

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 "Safe Drinking
Water Act."

SECTION 2. Declaration of Policy. - The State shall pursue a policy of
ensuring the health of the Filipino people through the provision of safe
drinking water. Towards this end, the State shall promote the use of
appropriate tools and instruments and control mechanisms and adopt risk
management strategies for the protection of the entire water supply system
against contamination that will adversely affect human health. The State
shall also implement a comprehensive management program on water safety
planning including water quality surveillance that ensures the safety of
drinking water in all settings and ensure compliance with national
standards for drinking water and other environmental laws affecting
drinking water quality.

SECTION 3. Section 11 of Presidential Decree No. 856 is hereby amended to
read as follows;

Section 11. Types of Water Examinations Required
‘The following examinations are required for drinking water:

a) Initial examination. The physical, chemical and
bacteriological examinations of water from newly constructed


systems or sources are required before they are operated and
opened for public use.

Examination of water for possible radio-active contamination
should also be done initially.

b) Periodic examination. Water from existing sources is subject
to PHYSICAL, CHEMICAL, bacteriological AND OVER-ALL
QUALITY examination as often as possible but the interval
shall not be longer than {six} TWO months, {while-general

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UNLESS OTHERWISE REQUIRED BY THE DEPARTMENT
THROUGH APPROPRIATE REGULATIONS; PROVIDED,
THAT NOTHING HEREIN SHALL RESTRICT THE
DEPARTMENT FROM CONDUCTING RANDOM WATER
QUALITY EXAMINATION AS OFTEN AS IT MAY DEEM
NECESSARY AND PROPER.

SECTION 4. New Section 11-A and Section 11-B of Presidential Decree No.
856 are hereby inserted to read as follows:

SECTION 11-A. PERMITS REQUIRED

DRINKING WATER SERVICE PROVIDERS, WATER LABORATORIES
AND OTHER ESTABLISHMENTS WITH DRINKING WATER
SYSTEMS CATERING TO THE PUBLIC SHALL BE REGISTERED
WITH THE DEPARTMENT. FOR THIS PURPOSE, THE FOLLOWING
PERMITS SHALL BE SECURED FROM THE DEPARTMENT OR
LOCAL HEALTH AUTHORITIES, AS THE CASE MAY BE:

a) CERTIFICATE OF POTABILITY OF DRINKING WATER TO
OBTAINED BY DRINKING WATER SERVICE PROVIDERS;

b) CERTIFICATE OF ACCREDITATION TO BE OBTAINED BY ALL
WATER LABORATORIES AND TRAINING INSTITUTIONS THAT
SHALL PARTICIPATE IN THE DRINKING WATER SAFETY
PROGRAM;

CERTIFICATE OF PRODUCT REGISTRATION OF WATER
SUPPLY MATERIALS, APPURTENANCES, TREATMENT
TECHNOLOGIES OR DEVICES TO BE OBTAINED BY ALL
ENTITIES ENGAGED IN THE PROVISION OF DRINKING WATER
SUPPLY TO THE PUBLIC,

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d) CERTIFICATE OF PROFICIENCY TO BE OBTAINED BY ALL
INDIVIDUALS WHO WILL CONDUCT CAPACITY BUILDING
ACTIVITIES ON WATER QUALITY ANALYSIS, WATER QUALITY


TREATMENT, WATER QUALITY MONITORING AND WATER
SAFETY PLANNING FROM THE DEPARTMENT;

e) CERTIFICATE OF WATER SAFETY PLAN ACCEPTANCE;

f} DRINKING WATER SITE CLEARANCE TO BE OBTAINED BY ALL
PERSONS OR ENTITIES INTENDING TO DEVELOP A DRINKING
WATER SYSTEM FOR PUBLIC CONSUMPTION; PROVIDED,
THAT NO DRINKING WATER SYSTEM SHALL BE INSTALLED
AND OPERATED WITHOUT SUCH CLEARANCE;

g) OPERATIONAL PERMIT, WHICH MUST BE OBTAINED BEFORE
USING A DRINKING WATER SYSTEM;

h) SANITARY CLEARANCE FOR ALL WATER DELIVERY
VEHICLES, MOBILE WATER TANKERS AND SIMILAR
VEHICLES, INCLUDING ITS APPURTENANCES.

COVERED ESTABLISHMENTS SHALL ALSO REGISTER PORTABLE
WATER TEST KITS AND WATER TREATMENT TECHNOLOGY OR
DEVICES WITH THE DEPARTMENT.

SECTION 11-B. WATER SAFETY PLAN

WITHIN ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT,
ALL DRINKING WATER SERVICE PROVIDERS SHALL DEVELOP
WATER SAFETY PLANS FOR THEIR WATER SUPPLY SYSTEMS,
AND ENSURE ITS IMPLEMENTATION AFTER ITS APPROVAL. AN
APPROVED WATER SAFETY PLAN SHALL BE VALID FOR THREE
YEARS, UNLESS SUSPENDED OR SOONER REVOKED BY THE
DEPARTMENT.

FOR THIS PURPOSE, THE DEPARTMENT SHALL DEVELOP
TOOLS, STANDARDS AND GUIDELINES FOR WATER SAFETY
PLAN PROCESSES AND SUPPORT SERVICES.

SECTION 5. Section 12 of Presidential Decree No. 856 is hereby amended to
read as follows:

Section 12. Examining Laboratories and Submission of Water
Samples

The examination of drinking water shall be performed only in
private or government laboratories duly accredited by the Department.
THE DEPARTMENT SHALL PRESCRIBE APPROPRIATE
GUIDELINES WITH RESPECT TO THE CONDUCT, MANNER AND
MEASURES REQUIRED FOR THE EXAMINATION OF DRINKING
WATER QUALITY.

It is the responsibility of operators of water systems to submit to
accredited laboratories water samples for examination in a manner


and at such intervals prescribed UNDER SECTION 11 OF THIS ACT
OR by the Department THROUGH APPROPRIATE REGULATIONS.

THE RESULTS OF SUCH MONITORING SHALL BE
SUBMITTED TO THE DEPARTMENT FOR APPROPRIATE ACTION,
AND TO THE CONSUMERS CONCERNED. THE SAME SHALL ALSO
BE POSTED CONSPICUOUSLY IN THE ESTABLISHMENT.

IN THE EVENT THAT THE ESTABLISHMENT FAILS TO
COMPLY WITH AN APPLICABLE MAXIMUM CONTAMINANT LEVEL,
OR FAILS TO COMPLY WITH THE TREATMENT TECHNIQUE
REQUIRED BY THE DEPARTMENT, OR FAILS TO PERFORM SUCH
MONITORING, THE DEPARTMENT SHALL BE AUTHORIZED TO
ORDER THE IMMEDIATE SUSPENSION OF THE OPERATIONS OF
THE ESTABLISHMENT OR TAKE OTHER STEPS AS MAY BE
NECESSARY TO ENSURE THE SAFETY OF DRINKING WATER.

THE DEPARTMENT SHALL PROMPTLY NOTIFY THE PUBLIC
OF SUCH OCCURRENCE, AT THE EXPENSE OF THE CONCERNED

ESTABLISHMENT. THE NOTICE SHALL CONSIST OF, BUT NOT
LIMITED TO, THE FOLLOWING;

a) NATURE OF THE VIOLATION;

b) CONTAMINANT LEVEL OF WATER SUPPLY;

c) POTENTIAL HEALTH EFFECTS TO THE POPUU\TION;

d) POPULATION AT RISK;

e) STEPS BEING TAKEN TO CORRECT VIOLATION;

f) TELEPHONE NUMBER OR CONTACT NUMBER OF THE
OWNER, OPERATOR OR DESIGNEE OF THE PUBLIC
WATER SYSTEM;

g) NECESSITY OF SEEKING ALTERNATIVE WATER
SUPPLIES; AND

h) PREVENTIVE MEASURES THAT SHALL BE TAKEN BY
CONSUMERS UNTIL THE VIOLATION IS CORRECTED.

SECTION 6. A new Section 12-A is hereby inserted to read as follows;
SECTION 12-A. CONSUMER CONFIDENCE REPORT

A DRINKING WATER SERVICE PROVIDER SHALL FURNISH
ITS CUSTOMERS AN ANNUAL REPORT ON THE QUALITY OF
THE DRINKING WATER IT PROVIDES AND THE
CONTAMINANTS, IF ANY, FOUND THEREIN.


THE ANNUAL REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING;

a) INFORMATION ON THE SOURCE OF THE WATER
DISTRIBUTED;

b) ENUMERATION OF PRIMARY PARAMETERS
INDICATED BY THE PHILIPPINE NATIONAL
STANDARDS FOR DRINKING WATER (PNSDW);

c) MAXIMUM CONTAMINANT LEVEL INDICATED BY
PNSDW;

d) CURRENT TREATMENT TECHNIQUES UTILIZED BY
THE DRINKING WATER SERVICE PROVIDER;

MONITORING PROCEDURES UTILIZED BY THE
DRINKING WATER SERVICE PROVIDER;

f) LEVEL OF CONTAMINANT IN THE WATER SYSTEM
WITHIN THE YEAR;

g) ANY CONTAMINANT FOR WHICH THERE HAS BEEN A
VIOLATION OF THE MAXIMUM CONTAMINANT LEVEL
DURING THE YEAR CONCERNED, AND A BRIEF
STATEMENT IN PLAIN LANGUAGE REGARDING THE
HEALTH CONCERNS THAT RESULTED IN THE
REGULATION OF THE CONTAMINANT, AS PROVIDED
BY THE DEPARTMENT;

h) INFORMATION ON THE LEVELS OF UNREGULATED
CONTAMINANTS IDENTIFIED BY THE DEPARTMENT;

i) A| STATEMENT THAT THE PRESENCE OF
CONTAMINANTS IN THE DRINKING WATER DOES NOT
NECESSARILY INDICATE THAT THE DRINKING
WATER POSES A HEALTH RISK AND THAT MORE
INFORMATION ABOUT CONTAMINANTS AND
POTENTIAL HEALTH EFFECTS CAN BE OBTAINED BY
CALLING THE DEPARTMENT;

MEASURES THAT MAY BE ADOPTED BY THE
CONSUMERS TO KEEP THEIR WATER SUPPLY FREE
FROM CONTAMINATION; AND

j

k) SUCH OTHER ADDITIONAL INFORMATION AS THE
DEPARTMENT DEEMS APPROPRIATE FOR PUBLIC
EDUCATION.

THE ANNUAL REPORT SHALL BE PROVIDED TO
CONSUMERS EVERY TWELVE (12) MONTHS THROUGH


ELECTRONIC MEDIA. HAND DELIVERY, POSTING, OR
OTHER METHODS APPROVED BY THE DEPARTMENT.

SECTION 7. Penalties. - A water service provider that fails to comply with
the provisions of this Act shall be liable for a fine of Fifty Thousand Pesos
(Php50,000.00) for every day of continuing violation, without prejudice to
any other penalties that may be imposed upon it in accordance with other
relevant laws, rules and regulation.

SECTION 8. Appropriations. - The amount necessary to effectively carry
out the provisions of this Act shall be included in the General
Appropriations Act.

SECTION 9. Implementing Rules and Regulations, The Department of
Health, in consultation with the concerned stakeholders and relevant
government agencies, shall promulgate the implementing rules and
regulations for the effective implementation of this Act within ninety (90)
days from the effectivity of this Act.

SECTION 10. Repealing Clause. - All laws, decrees, orders, ordinances,
rules and regulations or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

SECTION 11. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the remainder of the Act shall not be affected by
such declaration.

SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days from
the date of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,