EIGHTEENTH CONGRESS OF THE ) 
REPLIULIC OF THE PHILIPPINES 
)
First Regular Session 
)
S B. No. 
1 3 0 9
SC lIgtt
20 
FEB "3  f 3 - U
INTRODUCED BY: SENATOR EMMANUEL
MANDATING TFIE ESTABLISHMENT, MAINTENANCE AND MANAGEMENT 
OF RAIN WATER HARVESTING SYSTEMS IN THE COUNTRY
EXPLANATORY NOTE
Rainwater as a natural resource is abundant in the Philippines. The country receives an 
average annual rainfall of 2,400 mm that varies over time and space; “too much” during rainy 
season that may result to flooding and “too little” during the dry season that may cause prolong 
dry spell. Despite the abundant rainfall, the utilization of the country's rainwater resources for 
beneficial uses either for domestic, industrial and agricultural is not optimize.
Rainwater harvesting and storage facility that collects rainfall and surface runoff during 
rainy season is a proactive response, appropriate and provide sustainable solution to the 
country’s water scarcity problem. The water scarcity problem is due to rapid urbanization, 
increasing population, indiscriminate use and management of waste, and water pollution. As 
such, all sectors are under threat of water stress and scarcity due to rapid development, 
population pressure and the changing rainfall pattern due to climate change that have caused 
increase occurrence of flood and drought.
Harvested and stored rainwater can be utilized for irrigation and other agricultural use, 
ground water recharge, firefighting, and non-potable water supply source such as watering 
plants, flushing of toilet, and washing of cars and floor yards, among others. The harvested 
rainwater is expected to address the issues on water scarcity and shortage stated above.
Although there are various government agencies such as the Department of Public 
Works and Highways (DPWH), Department of Agriculture (DA) and the Local Government 
Units, by virtue of their respective mandates under RA No. 6716, RA No. 8435, RA No. 7607 
that undertakes the implementation of rain water harvesting facilities, their efforts need to be 
strengthened, institutionalized and provided with adequate funding support.
In view of the foregoing, the approval of the bill is earnestly sought.
iO i
EMMAN U ECrDTPAC Q UI AO


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S.B. No. 1309
20 FEB-3 P3:ll
INTRODUCED BY: SENATOR EMMANUEL I^e^A C ^U IA
MANDATING THE ESTABLISHMENT, MAINTENANCE AND MANAGEMENT 
OF RAIN WATER HARVESTING SYSTEMS IN THE COUNTRY
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SECTION 1. Short Title. This Act shall be known as the "Rain Water Harvesting Act.”
ARTICLE I
DECLARATION OF POLICY AND DEFINITION OF TERMS
SEC. 2. Declaration of Policy. - It is the declared policy of the State to promote and ensure the 
health, welfare and food security of its citizens, and exercise sufficient powers to preserve the 
natural ecology within its territory. Further, it is the policy of the State to provide adequate 
supply of clean and unpolluted water for domestic, industrial, irrigation, agriculture production 
and for other useful purposes. Thus, the State shall adopt practical measures that will efficiently 
conserve water through rain water harvesting and storage system and help in addressing the 
deficient water supply in the country.
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:
a) 
Rainwater refers to precipitation on any public or private parcel that has not entered 
an olfsite storm drain system or channel, a channel, or any other stream channel, and 
has not previously been put to beneficial use;
b) 
Rainwater harvesting facilities refers to a structure that stored rainwater such as a 
vertical detention tank, horizontal water tank, open retarding basin, and multi-use 
water catchment area such as small water impounding projects (SWlPs) and small 
farm reservoirs, , or an on-site regulation pond used to capture, retain, and store 
rainwater flowing off a building, parking lot, watershed, or any other manmade, 
impervious surface consequently preventing or delaying the release of rainwater into 
the public drainage system;
c) Rainwater harvesting system is also a water harvesting facilities that comprises of 
several physical components (e.g. SWIPs having a watershed, reservoir, dam 
embankment, spillway, outlet works, service areas, and access road) and institutional 
components (establishment of beneficiaries association).


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d) 
Groundwater recharge refers to the process of surface water (from rain or reservoirs) 
joining the ground water aquifer.
e) 
Rainwater runoff refers to water flow both on surface of the ground and sub-surface 
resulting to ground water recharge;
f) 
Small Farm Reservoir (SFR) refers to rainwater harvesting facility which is much 
smaller to SWIP with height of less than 5 meters, of different types to suit specific 
farms, intended for individual farmer and generally constructed within their own 
farms.
g) 
Small Water Impounding Project (SWIP) refers to rainwater harvesting facility and 
run-off management strategy which is characterized by an earth dam constructed 
across a narrow depression or valley to hold back water and develop a reservoir that 
will store rainfall and run-off during the rainy season for immediate or future use, 
and is intended for group of at least 15 farmers and is community-managed.
ARTICLE II
RAIN WATER HARVESTING SYSTEMS IN NEW COMM ERCIAL, INDUSTRIAL, 
INSTITUTIONAL, AND RESIDENTIAL INFRASTRUCTURE PROJECTS IN 
M ETRO MANILA AND M AJOR CITIES IN THE PHILIPPINES
SEC. 4. Mandatory Installation - An owner or developer of a new commercial, institutional 
and residential development project in Metro Manila and other major cities, 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 (3%) of the total area, exelusive roads, 
service streets and alleys, as a rainwater harvesting facility.
The owner or developer of an ongoing commercial, institutional, and residential development 
project in Metro Manila and other major cities that has no existing provision for a rainwater 
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 9 hereof.
To conserve potable water, rainwater collected by a harvesting facility maybe used for non- 
potable and suitable purposes, such as gardening and air-cooling processes.
It is the intent of the Act that the use of rainwater for non-potable uses should not be constrained 
by standards for drinking water or recycled water but shall fully comply with water quality 
requirements.
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 other major eities, and 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 phase of the projects.


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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 includes the following:
a) 
Size, shape and physical characteristics of available space;
b) 
Construction plans with specified material type including lining and coating 
requirements;
c) 
Detailed drawing on how the installation will drain into an outfall structure as a drywell 
or a percolation chamber, storm drain system, drainage channel, or natural wash; and
d) 
Mechanism to exclude mosquitoes and not permit mosquito production.
SEC. 7. Building Permits - If the design of a new commercial, institutional, and residential 
project in Metro Manila and other major cities 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. Reportorial Requirements - The DPWH shall require the owner or developer of all 
new commercial, institutional, and residential development projects covered under this Act to 
submit a compliance report within 12 months from the date of the completion of the project. 
The DPWH shall henceforth require the building owners to submit an annual report of the 
performance o f such rainwater retention facility which may include, but is not limited to 
information on the total volume of retained rainwater and its utilization.
SEC. 9. Penalties - The owner or developer of all new commercial, institutional, and residential 
development projects in Metro Manila and other major cities 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 (Php500,000.00), but not more than Two million pesos 
(Php2,000,000.00) 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 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 violates 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 o f 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.
ARTICLE III
RAIN WATER HARVESTING SYSTEMS PROGRAM 
FOR AGRICULTURE


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SEC. 10. National Program - There is hereby created a Rain Water Harvesting Systems 
Program for Agriculture known as National Program to be formulated and implemented by the 
Department of Agriculture (DA) thru the Bureau of Soils and Water Management (BSWM), 
Bureau of Agricultural and Fisheries Engineering (BAFE) and DA- Regional Field Offices 
(RFOs) jointly with the Local Government Units (LGUs), and in coordination with other 
national government agencies and stakeholders. The program shall construct, operate, maintain 
and manage SWlPs, SFRs, Groundwater Recharge Struetures (GRS) and other rain water 
harvesting facilities all over the country which will be utilized for irrigation, agriculture, 
livestock and fishery production, recharging of aquifer and other economic and environment
uses.
SEC. 11. Development of Master Plan for Rain Water Harvesting (RWH) systems - All LGUs 
through their Agricultural and Biosystems Engineering Offices/Units, with the technical 
assistance of BSWM, BAFE and the Regional Agricultural Engineering Divisions (RAEDs) of 
DA-RFOs shall identify and proposed suitable sites for SWlPs, SFRs, GRS and other RWH 
facilities in every barangay within their respective jurisdiction for inclusion in the RWH Master 
Plan.
SEC. 12. Designing, Planning and Implementation- The DA-RAEDs jointly with the 
Agricultural and Biosystems Engineering Office/Units of the LGUs shall carry-out the 
preparation of feasibility studies (FS), Detailed Engineering Design (DED) and Program of 
Work (POW) of feasible sites of SWlPs, SFRs, GRS and other RWH facilities based on the 
criteria and guidelines to be issued by DA.
SEC. 13. Right- of- Way Acquisition for SWIP- The reservoir and dam site should be free from 
Right-of-Way (ROW) problem prior to implementation. The extent of the area requiring ROW 
could only be determined after the conduct of detailed parcellary mapping of the affected area 
which would be available after the completion of DED. In case there will be a ROW problem, 
the concerned LGU shall facilitate the acquisition of the affected land/real property either thru 
negotiated sale, expropriation, or any other mode of acquisition pursuant to R.A. No. 10752 
and other existing laws. The cost of ROW shall form part of the project cost.
SEC. 14. Design and Construction Standards- The implementation procedures for SWIP, 
SFR, GRF and other RWH facilities for agriculture use shall comply with the requirements of 
the Philippine Agricultural and Biosystems Engineering Standards (PABES) for irrigation. 
Environmental Clearance Certificate from the Department of Environment and Natural 
Resources (DENR) and other pertinent standards or regulations of the government. The 
Bureau of Agricultural and Fisheries Engineering (BAFE) and (BAFS) in coordination and 
collaboration with BSWM and DA-RAEDs shall develop, review, update and enforce design, 
construction and implementation standards and guidelines for SWlPs, SFRs, GRS and other 
RWH facilities for agriculture use.
SEC. 15. Institutional Development, Training and Extension - The DA through the Agricultural 
Training Institute (ATI) in coordination and collaboration with BSWM, BAFE, Technical 
Education and Skills Development Authority (TESDA), Department of Agrarian Reform 
(DAR), LGUs and Higher Education Institutions (HEls) shall undertake institutional 
strengthening of farmers-beneficiaries to viably operate and manage the RWH systems 
including the provision of trainings and extension support on water management, proper 
irrigation, mechanized farming and good agricultural practices and capability building program 
for agricultural and bio-systems engineers of LGUs, DA, HEls 
and other concerned


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government agencies. The TESDA shall provide scholarships to RWH construction workers, 
farmers, farm workers and trainers including the development of appropriate training 
regulations.
SEC. 16. Operation and Maintenance - Each RWH system shall be officially turned-over to 
farmer beneficiaries who are responsible for the operation and maintenance of the system. The 
DA-RAEDs and BSWM shall provide assistance in the institutional development activities 
such as formation of farmers association into Small Water Irrigation System Association 
(SWISA), registration to the Securities and Exchange Commission (SEC) or the Department 
of Labor and Employment (DOLE) and conduct of institutional development trainings such as 
Basic Leadership Skills Training (BEST) and Technical Skills Training (TST).
SEC. 17. Watershed Development and Management - The DA-RAEDs, BAFE, BSWM in 
coordination with DENR shall provide assistance to concerned LGUs on the development and 
management of RWH watershed. A watershed management plan shall be prepared by the 
concerned LGUs and shall consist of soil and water conservation measures appropriate to 
biophysical and socio-economic condition of RWH sites.
SEC. 18. Management Information System (MIS) -  The BSWM in collaboration with BAFE 
and RFOs shall develop and maintain MIS for this program. It will consist of a computer system 
of hardware and software that will serve as the backbone of the program aim to store, analyse 
and transmit generated data and information to aid in management decision-making.
ARTICLE IV 
FINAL PROVISIONS
SEC. 19. Funding - The funding necessary for the establishment, construction, operation, 
maintenance and management of RWH which include the cost of feasibility studies, detailed 
engineering, administrative and other implementation costs shall be incorporated in annual 
funding appropriations of DA, DPWH, LGUs and other concerned government agencies
SEC. 20. Implementing Rules and Regulations (IRR) - Within ninety (90) days from the 
effectivity of this Act, the DPWH and DA shall, in coordination with relevant government 
agencies and other stakeholders, promulgate the rules and regulations for the effective 
implementation of this Aet.
SEC. 21. Separability Clause - If any portion of this Act is declared unconstitutional or invalid, 
the other portions which are not affected thereby shall continue in full force and effect.
SEC. 22. Repealing Clause - All existing laws, decrees, executive orders, and rules and 
regulations or parts thereof that are inconsistent with this Act, are hereby repealed.
SEC. 23. Effectivity Clause - This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in two (2) newspapers of general circulation.
Approved,