Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
In
1989,
Republic
Act.
No.
6713
(“An
Act
Providing
For
The
Construction Of Water Wells, Rainwater Collectors, Development Of Springs
And
Rehabilitation
Of Existing Water Wells In All Barangays In The
Philippines”) was enacted. Under Section 1 thereof, it became the “national
policy to promote the quality of life of every Filipino through the provision of
adequate social service including, but not limited to, the provision of
adequate
potable
water
supply
made
conveniently
available
to
every
barangay in the country.” To carry out this policy, the Department of Public
Works and Highways was charged with the following duties:
SECTION 2. Water Wells, Rainwater Collectors and Spring Development. —
The Department of Public Works and Highways (DPWH) shall, within thirty
(30) days after the approval of this Act, undertake construction of water
wells, rainwater collectors, development of springs and rehabilitation of
existing water wells in all barangays in the Philippines in such number as
may be needed and feasible, taking into consideration the population,
hydrologic conditions, costs of project development and operations, financial
and economic factors and institutional arrangements: Provided, however,
That
the
DPWH
shall
deduct
not
more
than
five
percent
(5%)
for
supervision, engineering, technical and other overhead expenses or fees:
Provided, further, That each barangay in the country shall have at least one
additional potable water source.
SECTION 3. Operation and Maintenance. — In order to ensure the proper
use of the water facilities herein provided, a Barangay Waterworks and
Sanitation Association, herein referred to as BWSA, shall be formed and
organized for the purpose of maintaining the water facilities: Provided, That
pending the organization of the BWSA, the water facilities shall be operated
and maintained by the barangay council.
The
BWSA
shall
be
composed
of
the
member-consumers
who
shall
administer, operate and maintain the completed water facility and shall be
registered with the corresponding municipal or city council.
The BWSA may impose such minimal charges as may be necessary for the
maintenance and normal repairs of said facility. Nothing herein shall
July 29, 2022
1:04 pm
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prevent any resident of the locality from using the water facility under the
same terms and conditions as the member-consumers of the BWSA.
Organizing and training the recipient communities in the operation and
maintenance of water systems shall be conducted by the DPWH prior to the
turnover of such facilities to the BWSA subject to the guidelines to be
formulated by the Department.
SECTION 4. Submission of Report. — The Department of Public Works and
Highways shall, within ninety (90) days after the approval of this Act and
every one hundred eighty (180) days thereafter, submit periodic reports to
the respective Committees on Public Works and Highways of both Houses of
the Congress of the Philippines for evaluation and consideration.
Then in 2017, to enforce R.A. No. 6713, the Department of the
Interior and Local Government (DILG) issued Memorandum Circular No.
76:
5.1 Construction and Installation of Rainwater Collection Systems
5.1.1.
All
local
government
public
infrastructure,
whenever
applicable, shall pursue the construction of [Rainwater Collection
Systems (RWCS)] and the use of collected rainwater for non-potable
purposes. The LGU shall seek the assistance of the DPWH District
Offices in its construction, following DPWH prototype designs.
5.1.2. LGUs shall not issue building permits to applicants who
qualify under Section 8 (Building Use/Occupancy Coverage and
Application) of the Philippine Green Building Code of 2016 (PGBC)
who, among others, fail to meet the requirements under Section 11
(Water Efficiency) of the same Code.
5.1.3. LGUs are encouraged to pass ordinances integrating RCWS in
their environmental laws and subsequently granting benefits and
incentives that may take the form of tax incentives to encourage
compliance of establishments and infrastructures, specially those
who adopt the same, though not required to do so, under Section 8
of the PGBC.
5.1.4. LGUs shall incorporate in their Climate Action Plans, and
their
Comprehensive
Development
Plans
the
promotion
and
establishment of RCWS technologies.
But even with these measure in place, the water and sanitation crisis
in the country has yet to be abated:1
Out of 105 million people living in the Philippines, nearly seven million rely
on unsafe and unsustainable water sources and 24 million lack access to
improved sanitation. Despite its growing economy, the Philippines faces
significant challenges in terms of water and sanitation access. The country
is
rapidly
urbanizing, and its growing cities struggle to provide new
residents with adequate water and sanitation services.
1 “Philippines’ water and sanitation crisis,” Water.org, available at
https://water.org/our-impact/where-we-work/philippines/.


In 2010, the government of the Philippines developed a road map to achieve
universal water and sanitation services coverage by 2028. Water.org is
working to support this goal.
In
the
Philippines
and
around
the
world, people are navigating the
COVID-19 pandemic, and millions are striving to endure this crisis with an
added challenge. They lack access to life’s most critical resource – water.
Now more than ever access to safe water is critical to the health of families
in the Philippines.
Just in 2019, Metro Manila underwent one of the worst spells of
water shortage in its history:2
Since early March [2019], the Manila metropolitan region has been in the
grips of a water shortage, as the El Nino phenomenon has contributed to a
60% decline in rainfall, compared the country's long-term average, across
half the country's provinces in the first part of the year, according to the
government.
In Manila, that has exposed shortfalls and delays in the region's water
infrastructure.
At the peak of the shortage in March, supply was 30 percent lower than
normal in the city's East Zone, according to Manila Water, the private
company responsible for providing water to almost seven million people
living in the zone.
While
commercial
centers
and
heavily
touristed
areas
were
largely
unaffected, some of the city's more neglected areas had no running water
for seven days or more, the company said.
This bill is offered as a solution to this continuing problem. This Bill
aims to require an owner or developer of a new institutional, commercial or
residential development project in Metro Manila, with an area of at least
1,500 square meters and is required to secure a building permit, to reserve,
develop, and maintain at least 3% of the total area, exclusive of roads,
service streets, and alleys, as rainwater harvesting facility.
It is for the foregoing premises that the approval of this Bill is
earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List
2 Matt Blomberg, “As rains fall short, Manila trickles into a water crisis,” Reliefweb, May 17,
2019, available at
https://reliefweb.int/report/philippines/rains-fall-short-manila-trickles-water-crisis.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
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.”
SECTION 2. Declaration of Policy. – It is declared the policy of the
State to protect and advance the rights 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 mitigation 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 the continuing growth in
population and widening community developments, the State shall ensure
that Metro Manila local governments are capacitated to respond to threats
brought by natural calamities and disasters such as massive flooding. To
this end, the State shall mandate the construction of rainwater harvesting
facilities
in
all
new
public and private institutional, commercial, and
residential development projects that will prevent or delay the release of
rainwater and runoff water into the public drainage system, creeks, and
natural waterways prior to the issuance of building permits.
SECTION 3. Definition of Terms. – For the purpose of this Act:
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a) Rainwater harvesting facility. – A flood control structure such as a
vertical detention tank, horizontal water tank, open retarding
basin, and multi-use water catchment area, or an o-site regulation
pond used to prevent or delay the release of rainwater into the
public drainage system; and
b) Return
period.
–
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.
SECTION 4. Rainwater Harvesting Facility Requirement. –
An owner
or developer of a new institutional, commercial, or residential development
project in Metro Manila, with an area of at least one thousand five hundred
(1,500) square meters and is required to secure a building permit, shall
reserve, develop, and maintain at least three percent (3%) of the total area,
exclusive of roads, service streets, and alleys, as rainwater harvesting
facility.
The owner or developer of an ongoing institutional, commercial, or
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.
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.
SECTION
5. Design Approval. –
The provision for a rainwater
harvesting
facility
shall
be
required
by
the
Housing
and
Land
Use
Regulatory
Board
(HLURB)
and
local
government
units
(LGUs)
to be
incorporated
in
the
design
of
all
new
institutional,
commercial,
and
residential development projects in Metro Manila and no project design shall
be approved for construction unless it includes such facility. The HLURB
and
the
LGUs shall ensure that these facilities are built during the
construction phase of the projects.
SECTION 6. Design Requirements. – The rainwater harvesting facility
must be designed to cope with a predetermined 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 a dry well or percolation chamber, storm drain
system, drainage channel, or natural wash.
SECTION 7. Building Permits. – If the design of a new institutional,
commercial, or residential development 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.
SECTION
8.
Penalties.
–
The
owner
or
developer
of
all
new
institutional, commercial, 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 (P500,000.00), but not more than two million
pesos (P2,000,000.00) 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 a fine.
The head of the government institution who violates Section 4 of this
Act, or government officials, employees, and agents who issue licenses or
permits in violation 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.
SECTION 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
Chief
Executive
Officer
of
the
HLURB,
and
the
Administrator of the Philippine Atmospheric, Geophysical, and Astronomical
Services Administration (PAGASA), 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.
SECTION 10. Separability Clause. – If any provision of this Act shall
be declared unconstitutional or invalid, such declaration shall not invalidate
other parts thereof which shall remain in full force and effect.
SECTION
11.
Repealing
Clause.
–
All
laws,
executive
orders,
presidential decrees or issuances, letters of instruction, administrative


orders, rules, and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.
SECTION 12. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved,