TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
385
■1,
\ 
of ii'.r
25 JUL 10 P3:12
«ECESV£i) BY.
S. No.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
MANDATING THE ESTABLISHMENT, MANAGEMENT, MAINTENANCE, AND 
REGULATION OF A RAINWATER HARVESTING FACILITY IN ALL NEW 
INSTITUTIONAL, COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL 
DEVELOPMENT PROJECTS IN METRO MANILA
EXPLANATORY NOTE
Rainwater harvesting system, also referred to as rainwater collection system or 
rainwater catchment system is the "technology that collects and stores rainwater for 
human use. Rainwater harvesting systems range from simple rain barrels to more 
elaborate structures with pumps, tanks, and purification systems. The nonpotable 
water can be used to irrigate landscaping, flush toilets, wash cars, or launder clothes, 
and it can even be purified for human consumption."1
Rainwater harvesting system is a viable solution to water scarcity, which is 
prominent in densely populated areas. The water collected may be used for different 
purposes in agriculture, businesses, and households - from irrigation, car wash, 
laundry, to toilet flush. When subjected to purification process, it can even be used 
for human consumption.
1 https://www.britannica.com/technology/rainwater-harvesting-
1


According to the Philippine Atmospheric, Geophysical and Astronomical Services 
Administration (PAGASA), "rainfall is the most important climatic element in the 
Philippines... The mean annual rainfall of the Philippines varies from 965 to 4,064 
millimeters annually."2
In a forum held in 2019, the Secretary of the Department of Agriculture stated 
that while the Philippines receives one of the world's highest rainfall, only six percent 
(6%) of that rainfall is being harvested. This shows that we are not able to maximize 
the country's natural gifts compared to India which only receives 700 millimeters of 
rainfall every year but is able to harvest sixty percent (60%) of it.3
Various public utilities and private companies have rainwater harvesting 
facilities. Maynilad Water Services, Inc. (Maynilad) recently installed a system capable 
of holding 700-liters of water at Putatan Elementary School. At present, twenty-five 
(25) SM malls have rainwater catchment facilities that can store a total of 79,257 cubic 
meters of rainwater, equivalent to almost 32 Olympic-size swimming pool.4 The 
company intends to promote resilience by helping communities to be flood free, and 
sustainability by optimizing water.
However, according to the publication, "Rainwater Harvesting: A Lifeline for 
Human Well-Being", a report prepared for the United Nations Environment Programme 
(UNEP) by Stockholm Environment Institute, "The biggest challenge with using 
rainwater harvesting is that it is not included in water policies in many countries. In 
many cases water management is based on renewable water, which is surface and 
groundwater with little consideration of rainwater. Rainwater is taken as a 'free for all' 
resource and the last few years have seen an increase in its use. This has resulted in 
over abstracting, drastically reducing water downstream users including ecosystems. 
This has introduced water conflicts in some regions of the world. For the sustainable 
use of water resources, it is critical that rainwater harvesting is included as a water 
sources as is the case for ground and surface water."
2 PAGASA
3 SM turns to 'Rain Water Harvesting' a key to living flood free I
4 SM advocates for water security and conservation through sustainable initiatives I SM Supermalls


Water is a scarce resource and due importance is given to this under the 
Sustainable Development Goal No. 6 which identified access to clean water as one of 
the global priorities to be achieved by 2030.
The "Rainwater Harvesting Faciiity Act"seeks to mandate the construction of 
rainwater harvesting facilities in all new public and private commercial, institutional, 
industrial and residential developments in Metro Manila. This will serve a multitude of 
purposes including contribution to the flood control efforts of the government, 
conservation of potable faucet water, and achieving a sustainable environment. The 
measure enumerated the uses of the harvested rainwater: for urban irrigation; 
groundwater recharge; firefighting; construction; non-potable water supply such as 
washing cars, toilet and fishponds; potable uses such as drinking, cooking, 
dishwashing and bathing; and for ecological requirements.
The bill mandates the Department of Public Works and Highways (DPWH) to 
prepare the Rainwater Design Manual (RDM) which shall serve as a guideline for the 
construction of rainwater harvesting facilities.
In view of the foregoing, the approvai of this measure is earnestly sought.
INGOPY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 385
St ' ‘
25 JULIO P3-.12
RECEiVEl) B'V:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
MANDATING THE ESTABLISHMENT, MANAGEMENT, MAINTENANCE, AND 
REGULATION OF A RAINWATER HARVESTING FACILITY IN ALL NEW 
INSTITUTIONAL, COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL 
DEVELOPMENT PROJECTS IN METRO MANILA
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Rainwater Harvesting
2 
Facility Act".
3 
Sec. 2. Declaration of Policy. - It is the declared policy of the State to protect
4 
the right of the people to a balanced and healthful ecology and advance the health
5 
and welfare of its citizens in accordance with the rhythm and harmony of nature.
6 
Pursuant thereto, the government and all its instrumentalities shall systematically
7 
integrate the concept of climate change in the various phases of policy formulation
8 
and development planning, in drawing up and implementing poverty reduction
9 
strategies and innovations that provide beneficial effects to the greatest number of
10 
people with the least cost and negative externalities.
11 
In this light, and given the demands of a growing population, the State shall
12 
adopt measures and strategies in order to efficiently conserve water and help attain
13 
water security. Among other strategies on water conservation, rainwater harvesting
14 
facilities shall be established not only to conserve the supply of potable faucet water
15 
but also to prevent flooding in communities that sometimes result into devastating


1 
effects to human life and property. Both the public and private sectors are urged to
2 
actively participate in flood mitigating efforts and initiatives of the government.
3 
The State recognizes Metro Manila as one of the densest areas in the country.
4 
To mitigate the adverse effects of continuing growth in population and human
5 
settlements, the State shall ensure that Metro Manila local governments are
6 
capacitated to respond to threats brought by natural calamities and disasters such as
7 
massive flooding. Towards this end, the State shall mandate the construction of
8 
rainwater harvesting facilities in all new public and private commercial, institutional,
9 
industrial and residential developments in Metro Manila which will serve as a pilot area
10 
from which other similar areas can learn.
11 
Pursuant thereto, owners and developers of all new public and private realty
12 
development projects in Metro Manila requiring the issuance of building permits are
13 
mandated to design and construct a rainwater harvesting facility to prevent or delay
14 
the release of rainwater and runoff water into the public drainage systems, creeks and
15 
natural waterways.
16 
Sec. 3. Purpose. - This Act seeks to establish minimum rainwater management
17 
requirements and controls to protect and safeguard the general health, safety, and
18 
welfare of the public against the ill effect of floods on one hand, and water shortage
19 
on the other. This Act pursues the following objectives:
20 
a) Reduction of flooding, siltation, increases in stream temperature and stream
21 
bank erosion, and maintain the integrity of stream channel by regulating
22 
the accumulation of rainwater runoff in any proposed and existing
23 
commercial, institutional, industrial and residential developments;
24 
b) Prevention of the degradation of water quality by averting non-point source
25 
pollution cause by rainwater runoff developments;
26 
c) Regulation of the annual volume of surface water runoff from any specific
27 
site during and following a development so as not to exceed the pre-
28 
development hydrologic regime in an area; and
29 
d) Establishment of standards for rainwater management control to ensure
30 
that these and the facilities thus built are properly complied with and do not
31 
pose without a threat to public safety.
32 
Sec. 4. Definition of Terms. - As used in this Act:


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
a) Applicant refers to a property owner or agent who has filed an application 
for a rainwater management permit;
b) Building refers to any structure built for the support, shelter, or enclosure 
of person, animals, chattels, or moveable property of any kind and which is 
permanently affixed to the land;
c) Building Official refers to a local building official as appointed or designated 
pursuant to Presidential Decree (PD) 1096, or the "National Building Code 
of the Philippines (NBCP)";
d) Certificate of Occupancy refers to a permit issued by the Zoning Officer 
indicating that the use of the building or land is in conformity with the 
Zoning Ordinance or that there has been a legal variance therefrom;
e) Channel refers to a natural or artificial watercourse with definite bed and 
banks that conducts flowing water continuously or periodically;
f) Contour interval refers to the vertical distance between the elevations 
represented by adjacent contour lines on a map;
g) Contour line refers to a line on a map or chart connecting all points of the 
same elevation or depth in a particular area;
h) Detention refers to a rainwater management practice of temporarily storing 
rainwater runoff to control the peak discharge rate and to likewise induce 
settling of pollutants through gravity;
i) Developer refers to a person or entity who undertakes land disturbance or 
land development activities; a developer may only be contracted to develop 
and may or may not be the owner of the development;
j) Development ref ers to any man-made change to improved or unimproved 
real estate; including buildings or other structures, mining, dredging, filling, 
grading, paving, excavation, or drilling operation;
k) Flood frequency refers to a record of past flood events or occurrences that 
yield flood data estimates used principally to compare expected changes in 
flood damages with the economic and social costs or benefits guiding a 
contemplated action;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
l) Hydrologic regime refers to the quantity and dynamic of water flow or the 
variations in the state and characteristic of a water body depending on 
location and time of the year, which may occur in regular patterns;
m) Infiltration refers to the process of percolating or gradually filtering 
rainwater into the subsoil;
n) Infiltration facility refers to any structure or device designed to infiltrate 
water to the subsurface. These facilities may be above ground or below 
ground;
o) Land disturbance refers to any activity which changes the volume or peak 
flow discharge rate of rainfall from the land surface. This may include 
grading, digging, cutting, scraping, or excavating of soil, placement of fill 
materials, paving, construction, substantial removal of vegetation, or any 
activity which bares soil or rock or involves the diversion or piping of any 
natural or man-made watercourse;
p) Landowner refers to the legal or beneficial owner of land, including those 
holding the right to purchase or lease the land, or any other person holding 
proprietary rights over the land;
q) Off-site facility refers to a rainwater management installation located 
outside the subject property boundary described in the permit application 
for land development activity;
r) On-Site facility refers to a rainwater management measure located within 
the subject property boundary described in the permit application for land 
development activity;
s) Rainwater Design Manual refers to the Planning and Design Manual for the 
Control of Erosion, Sediment and Rainwater of the Department of Public 
Works and Highways;
t) Rainwater management refers to the use of structural or non-structural 
practices that are designed to reduce rainwater runoff pollutant loads, 
discharge volumes, and peak flow discharge rates;
u) Rainwater retrofit refer to a rainwater management practice designed for 
an existing development site that had not implemented rainwater


1 
management measures, or had previously implemented measures that were
2 
inadequate to meet the rainwater management requirements of the site;
3 
v) Rainwater runoff 
to water flow in the surface of the ground, resulting
4 
from precipitation;
5 
w) Rainwater treatment refers to a process by which collected rainwater is
6 
filtered or cleaned through either structural or non-structural means to
7 
prevent or reduce point source or nonpoint source pollution inputs to
8 
rainwater runoff and water bodies, as well as to upgrade rainwater for re-
9 
use;
10 
x) Rainwater Harvesting Facility refers to a flood control structure such as
11 
vertical detention tank, horizontal water tank, open retarding basin, and
12 
multi-water catchment area or an on-site regulation pond used to prevent
13 
or delay the release of rainwater into the public drainage system;
14 
y) Return pe/vot/refers to the average length of time in years for a rain-related
15 
natural disaster of given magnitude to be equalled or exceeded by the
16 
length of time that a rainwater-related disaster may probably recur;
17 
z) Recharge refers to the replenishment of underground water reserves;
18 
ad)Redevelopment refers to any construction, alteration or improvement
19 
exceeding one hundred (100) square meters in high density areas where
20 
existing land use is for commercial, industrial, institutional 
or multi-family
21 
residential purposes;
22 
hb)Stop Work Order to an issuance by the Building Official that requires
23 
the discontinuance or stoppage, in part or whole, of the construction activity
24 
in a site due to a violation of the law;
25 
cc) Watercourse refers to a permanent or intermittent stream or other body of
26 
water, either natural or man-made, which gathers or carries surface.
27 
Sec. 5. Rainwater Harvesting Facility Requirement - A project owner or
28 
developer of a new commercial, institutional, industrial, and residential development
29 
project in Metro Manila, with a building footprint area of at least one hundred (100)
30 
square meters that requires the issuance of building permit, shall reserve, develop and
31 
maintain a rainwater harvesting facility with a minimum storage tank size in cubic
32 
meters calculated by dividing the building footprint area by 75.


1 
The owner or developer of an ongoing development project in Metro Manila,
2 
that has no existing provision for rainwater harvesting shall build a facility within a
3 
period of three (3) years from the effectivity of this Act, or suffer the penalty imposed
4 
in Section 13 hereof.
5 
When additions, alterations, conversions, and renovations of an existing
6 
building constructed after the effectivity of this Act fit within the minimum building
7 
footprint, the whole building shall be subject to the applicable provisions of this Act.
8 
To conserve potable water, rainwater collected by a harvesting facility may be
9 
used for non-potable and suitable purposes, such as gardening and air-cooling
10 
processes, provided through a distinct and separate piping system from the potable
11 
water supply system. The landowner or developer may opt to utilize a system or
12 
technology that can recycle collected rainwater for potable uses such as bathing,
13 
dishwashing, or cooking, provided it meets the water quality standard of any
14 
government water agency or duly accredited water testing center.
15 
Sec. 6. Requirements for Rainwater Management Rian. - All project owners or
16 
developers of proposed commercial, industrial, and residential development or any
17 
residential multi-dwelling units of more than One thousand square meters (1,000 sqm)
18 
land area must submit a Rainwater Management Plan (RMP) as part of the site
19 
development application and approval process.
20 
The RMP shall include the following information:
21 
a) Description of existing conditions in the location of the development site:
22 
i) 
Topographic map with 1.0 meter minimum contour 
line or an
23 
appropriate contour interval of the land proposed for development or
24 
redevelopment;
25 
ii) 
Location of natural waterways including banks and centreline of
26 
streams and channels;
27 
iii) 
Normal shoreline, coastlines, outline of lakes, natural depressions
28 
and ponds, including drainage flow lines; and
29 
iv) 
Quantification of flows (discharge and volume) in 
its natural
30 
condition.
31 
b) Proposed Site Development Plan (SDP) in an appropriate scale and size
32 
showing the following:


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
i) 
Retention/detention basins and lines of inflow and outflow;
ii) 
Location, size and slope of rainwater conduits and drainage swales; 
Hi) Rain, sanitary and combined sewer and outfalls;
iv) 
Delineation of upstream and downstream drainage features and 
watershed which might be affected by the development; and
v) 
Other environmental features including limits of wetland areas, green 
buffers, planting strips, and any designated natural areas for 
rainwater management.
c) Description of the Proposed Rainwater Management System (RMS) to safely 
and completely manage rainwater runoff onsite or offsite, help maintain the 
natural hydrologic cycle and condition of flow in a locality, and reduce the 
risk of downstream flooding.
The proposed RMS shall be accompanied by hydrologic and hydraulic 
calculations to adequately demonstrate the effectiveness of the RMP. It shall 
be designed to meet the desired flood frequency which is designated to a 
particular drainage structure as stated in the Design Manual of the DPWH: 
Provided, That a 25-year flood frequency or higher may be required for 
major rivers and waterways, subject to the design criteria in Section 9 of 
this Act.
The RMP shall be accompanied by relevant information such as rainfall 
data in a locality, maps and other descriptive material to include the 
following:
1) The extent of catchment and drainage channels on site, and direction 
of the flow of the channels including the final outfall of the discharge 
from the site;
2) Hydrologic and hydraulic design calculations for the pre-development 
and post development conditions of a rainwater management system 
as required under Section 9 hereof. The calculations for determining 
peak flows include a description of storm frequency, intensity, 
duration, time of concentration, soil curve number or runoff 
coefficients, peak runoff rates and total runoff volumes, infiltration


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
rates, culvert capacities, flow velocities, data on the increase in rate 
and volume of runoff for the design storm; and 
3) Technical specifications of the proposed RMS, including a description 
of proposed rainwater conveyance practices on-site, existing off-site 
rainwater conveyance systems including receiving streams, channels 
and outfall and inlet locations, and elevations of locations and high- 
water elevations.
Sec. 7. Chemicals, Effluents, and Other Contaminants. - Prior to the issuance 
of a building permit for their development or re-development, all industrial plants and 
estates shall secure the appropriate certification from the Department of Environment 
and Natural Resources (DENR) that all chemicals used in their operations, their by­
products, effluents, and other operational discharges do not contain harmful 
contaminants that can be washed by or into the rainwater.
The type of roofing must also be identified and assessed if used for collecting 
rainwater as some roofing materials may seep chemicals that can cause adverse 
effects if ingested, used in irrigation, fishponds, groundwater recharge, among others.
Sec. 8. Utilization of Rainwater. - Rainwater shall be harvested for the following
uses:
a) Rainwater for urban irrigation. - Due to the high cost of Class A water, its 
use for yard irrigation shall be minimized if not prohibited and instead, water 
for irrigation shall come from the rainwater detention system.
Rainwater as source for urban irrigation or watering of lawns shall be 
indicated in all development plans. Treated grey water from effluent of 
treatment facility may be a secondary source of water for urban irrigation.
b) Rainwater for groundwater recharge. - The RMS is intended mainly to 
ensure natural balance of the hydrologic cycle by allowing rainwater to 
recharge the groundwater table that sustains the yield and production of 
deep wells. Groundwater table recharging may be in the form of the 
following management systems:
i) 
Lagoon or retention pond that allows for natural seepage to the 
ground water aquifer;
ii) 
Swales and depression storage;


1 
iii) 
Porous or paver blocks on some developed areas;
2 
iv) 
Retention channels.
3 
The sizes and dimensions of any of the above facilities shall be
4 
dependent on the rainfall Intensity and the size of the development.
5 
c) Rainwater for firefighting. - Rainwater may substitute or augment the
6 
firefighting requirement, subject to health and corrosion standards. A
7 
separate storage tank for fire water reserve shall be constructed. Other laws
8 
concerning the requirement of water for firefighting shall be considered.
9 
d) Rainwater for construction. - Simple filtration systems and other applicable
10 
methods to remove suspended solids and other coarse materials may be
11 
employed to improve water quality and avert adverse effects to construction
12 
equipment and the environment.
13 
e) Rainwater for other non-potable water supply. - Rainwater shall be
14 
subjected to primary and secondary treatment to make it a viable secondary
15 
source for the following purposes:
16 
i) 
Washing of cars, floor yards;
17 
ii) 
Flushing of toilet (water quality should meet certain standard to avoid
18 
discoloration of fixtures); and
19 
iii) 
Fish ponds, aquarium and the like.
20 
f) Rainwater for potable uses. - To make it potable, rainwater may be
21 
collected, processed, subjected to filtering innovations or technological
22 
interventions, and used for drinking, cooking, dishwashing, and bathing,
23 
subject to water standards.
24 
Potable water quality shall at all times comply with the requirements and
25 
standards of the Philippine National Standard for Drinking Water (PNSDW).
26 
g) Rainwater for ecological requirements. - Seasonal fluctuation of rainfall
27 
affects the rain flora and fauna of waterways. Rainwater 
runoff shall
28 
therefore 
be managed properly to allow steady 
release of water 
to
29 
waterways, thus, ensuring the continued supply of water.
30 
Sec. 9. Preparation of the Rainwater Design Manual. - The Department of
31 
Public Works and Highways (DPWH) shall prepare the Rainwater Design Manual (RDM)
32 
which must provide, among others, information on the following: 1) conveyance


1 
systems of the rainwater harvesting facility; 2) make of the rainwater retention facility;
2 
3) management of rainwater discharge to control flooding; 4) protection of the local
3 
water bodies from pollution through rainwater discharge treatment; 5) dike or bank
4 
protection for water bodies receiving rainwater discharge; and 6) utilization options
5 
for collected rainwater.
6 
The RDM shall contain the following guidelines:
7 
a) All sites shall establish a rainwater management system to control the peak
8 
flow rates of rainwater discharge and to allow the RMS facility to treat
9 
collected rainwater for both water quality and quantity. Peak post-
10 
construction rainwater runoff should not exceed peak pre-construction
11 
rainwater runoff from the site to the greatest extent possible;
12 
b) All rainwater runoff generated from any development shall not discharge
13 
untreated rainwater directly into a jurisdictional wetland or local water body
14 
without adequate treatment;
15 
c) A structural and non-structural Rainwater Treatment System (RTS) shall be
16 
designed to treat the first 20 millimeters of rainwater runoff. Thus, for every
17 
one (1) hectare of new development, a 200 cubic meter detention or
18 
retention tank shall be constructed to minimize flooding and improve water
19 
quality. Sanitary wastewater treatment facilities shall be designed and
20 
installed to comply with existing health regulations and the effluent standard
21 
oftheDENR;
22 
d) Untreated sanitary waste shall not be discharged to waterways and land
23 
surface without proper treatment and shall not come in contact with
24 
rainwater runoff. The discharge of treated effluent to water bodies shall be
25 
in accordance with the river classification. For unclassified rivers and water
26 
courses, effluents should meet the Class C water category. To be discharged
27 
to an urban drainage system, effluents should meet the Class D water
28 
category. In all cases, the prescription provided by the DENR shall be
29 
followed;
30 
e) To protect stream channels from degradation, the velocity of runoff water
31 
shall be limited to less than 1.0 m/s, otherwise, bank protection shall be
32 
provided;
10


1 
f) Rainwater discharges to critical areas with sensitive resources (including
2 
shellfish beds, swimming areas, water supply reservoirs and groundwater
3 
recharge areas) may be subject to additional performance criteria and
4 
management restrictions;
5 
g) Rainwater discharges from land uses or activities with higher potential
6 
pollutant loadings, known as "hotspots," must be in accordance with the
7 
specific structural and pollution prevention practices;
8 
h) Rainwater storage and drainage systems must be secured from mosquito
9 
breeding and those of other similar insects that may endanger public health;
10 
i) Prior to designing the RDM, an applicant for a building permit must consult
11 
with the Building Official to determines compliance with additional rainwater
12 
design requirements;
13 
j) For existing development or developed areas, the rainwater management
14 
system requirement must be imposed on the following conditions:
15 
1) The owners of existing or old developments shall submit to the
16 
concerned building officials the technical design of existing rainwater
17 
management system to demonstrate its contribution to flood control and
18 
mitigation and the rainwater management program;
19 
2) The total required storage volume of rainwater may be the cumulative
20 
volume stored from various sources such as cistern, lagoon onsite or
21 
offsite and a depression storage; and
22 
3) That at least 50% of the required volume shall be met within five (5)
23 
years from the effectivity of this Act.
24 
The Department of Public Works and Highways (DPWH), Department of Human
25 
Settlements and Urban Development (DHSUD), Department of Environment and
26 
Natural Resources (DENR) and local government units (LGUs) shall require the
27 
incorporation of a Rainwater Management System in the design of all new commercial,
28 
institutional, industrial, and residential development projects in Metro Manila. The
29 
LGUs shall ensure that these facilities are built during the construction phase of the
30 
projects.
11


1 
In formulating the design manual, the DPWH shall consult the experts or the
2 
Department of Science and Technology (DOST) and DENR on requirements that entail
3 
scientific bases or study.
4 
Sec. 10. Construction Inspection. -
5 
a) The applicant for a building permit must notify the concerned building
6 
official in advance before the commencement of construction;
7 
b) All applicants for a building permit for commercial buildings and multi-family
8 
residential buildings over four (4) units are required to submit actual
9 
drawings of the rainwater management facilities located on-site after final
10 
construction. The rainwater 
facility plan must show the final design
11 
specification for all rainwater management facilities and must be certified
12 
by a licensed engineer. A final inspection of the rainwater facility is required
13 
before the release of any performance security, performance bond, or
14 
guaranty between the owner or developer and the contractor or builder;
15 
c) The City or Municipal Engineer shall inspect all drainage facilities while under
16 
construction. When facilities are not constructed according to approved
17 
plans, the local government unit (LGU) shall require the project owner or
18 
developer to make the necessary corrections. All drainage facilities, whether
19 
or not these are owned by or assigned to the LGU, located on private
20 
property, shall be accessible at all times for inspection by the City or
21 
Municipal Engineer or other responsible public official;
22 
d) The City or Municipal Engineer shall inspect all sanitary waste treatment
23 
facilities while under construction of building and upon completion to insure
24 
proper installation and connection to waste water collection systems when
25 
applicable. The City/Municipal Engineer shall ensure that sanitary waste
26 
treatment facilities are properly functioning before issuing the required
27 
certificate of occupancy.
28 
Any contracted architect or civil engineer employed by the owner or developer
29 
to plan and supervise the construction of the facility shall not be precluded from
30 
inspecting the construction work to check and determine compliance with the plans
31 
and specifications of the building, pursuant to the provisions under Inspection and
32 
Supervision of Work or Section 308 of the National Building Code of the Philippines.
12


1 
Sec. 11. Maintenance and Repair of Rainwater Faciiities. - The owner or
2 
developed is expected to perform regular maintenance and repair of the rainwater
3 
facility whenever necessary to make sure that this is in working condition, safe for
4 
public use and the environment. At the minimum, the following must be undertaken:
5 
1) visual inspection and cleaning of the facility after major rain events; 2) regular
6 
clearing of all sediments, silts, and debris; 3) drainage clean-up; and 4) replacement
7 
of filter and insect screens as necessary.
8 
In addition, the owner or developer shall comply with the following
9 
requirements:
10 
a) All rainwater management facilities must undergo a yearly or regular
11 
inspection process at a frequency sufficient to determine the functioning
12 
ability of the conveyance system and any repair needs. This shall include
13 
inspection prior to the beginning of the Typhoons Season or any forecasted
14 
major rains that may equal the design requirements, and after any major
15 
rain events;
16 
b) All drainage and sanitary waste treatment facilities located on private
17 
property, whether dedicated to the LGU or not, shall be accessible at all
18 
times for inspection by the City/Municipal Engineer or other responsible
19 
public officials, especially when there is reason to suspect that a malfunction
20 
has resulted in rainwater runoff pollution by unsanitary wastes;
21 
c) Depending on the type of facility, mosquito or insect screens must be
22 
replaced as necessary to avoid infestation or breeding ground for
23 
pathogens;
24 
d) Parties responsible for the operation and maintenance of a rainwater
25 
management facility shall make and 
keep records of the installation,
26 
maintenance and repairs, and shall retain these records for at least five
27 
years, these records shall be made available to the city or municipality
28 
during inspection of the facility and other reasonable times upon request;
29 
e) The concerned Building Official shall notify the owner of a rainwater facility
30 
in writing that maintenance work is required on it. The owner will have sixty
31 
(60) days from the receipt thereof to ensure that the facility is in proper
32 
working condition.
13


1 
Sec. 12. Reportoria! Requirements. - The DPWH shall require the owner or
2 
developer of all new commercial, institutional, industrial, and residential development
3 
projects to submit a compliance report within twelve (12) months from the date of the
4 
completion of the project.
5 
The DPWH shall henceforth require the building owners covered under Sections
6 
5 and 6 of this Act to submit an annual report of the performance of such rainwater
7 
retention facility which may include information on the total volume of retained
8 
rainwater and its utilization.
9 
Sec. 13. Enforcement and Penalties. -
10 
a) Any persons found to be in violation of any of the provisions of this Act shall
11 
be guilty of a misdemeanour and shall be penalized with a fine not to exceed
12 
Fifty thousand pesos (P50,000.00) or imprisonment for no more than ninety
13 
(90) days, or both. A continuance of a violation without reasonable effort
14 
on the part of the violator to correct the same shall constitute a new and
15 
separate offense each day;
16 
b) In the case of a partnership, association, corporation, or any juridical
17 
person, the penalty shall be imposed upon the president, treasurer, or any
18 
other officer or person responsible for the violation;
19 
c) If the offender is a foreigner, the foreigner shall be deported immediately
20 
without further proceedings after payment of fine.
21 
d) If the concerned Building Official shall find that any provision of this Act is
22 
violated, the person responsible for such violation shall be notified in writing
23 
about the nature of the violation and the proper action necessary to correct
24 
it, such as the discontinuance of any construction on site.
25 
Sec. 14. Incentives. - Landowners or developers of existing structures built
26 
prior to the implementation of this Act who may opt to install a rainwater harvesting
27 
system or a rainwater retrofit in accordance with this law shall receive a realty tax
28 
incentive from the local government which may be in the form of a tax discount of not
29 
less than three percent (3%) per annum over and above the regular discount provided
30 
by the local government. An additional two percent (2%) tax discount per annum will
31 
be granted to those who will invest in any innovation or a technology that will recycle
32 
collected rainwater for potable uses within the standard prescribed by law.
14


1 
Sec. 15. Obligation of the Regulatory Agencies. - The DPWH, DENR, DOST,
2 
LCDs, their sub-agencies, and subsidiaries are mandated to provide full assistance to
3 
every project owner or developer covered in this Act in order that the requirements
4 
and standards prescribed herein may be properly executed in the designed and
5 
construction of rainwater harvesting facilities. Agency assistance shall include proper
6 
advice, technical guidance provision for needed data and facilitation of required
7 
documents. As much as practicable, all technical and documentation requirements
8 
must be at zero to minimal cost to the applicant project owner or developer who shall
9 
establish, manage, and maintain a rainwater harvesting facility.
10 
Sec. 16. Implementing Rules and Regulations. - Within sixty (60) days from
11 
the effectivity of this Act, the Secretary of Public Works and Highways shall, in
12 
coordination with the Secretary of the Interior and Local Government, Secretary of
13 
Environment and Natural Resources, Secretary of Human Settlements and Urban
14 
Development, and Secretary of Science and Technology, promulgate the rules and
15 
regulations for the effective implementation of this Act. The implementing rules and
16 
regulations shall include the standards and guidelines for the design, construction,
17 
installation, materials, site selection and planning, site-specific considerations, and
18 
maintenance of the rainwater harvesting facility.
19 
Sec. 17. Separability Clause. — If any provision or part hereof is held invalid or
20 
unconstitutional, the remainder of the law or the provision or part not otherwise
21 
affected shall remain valid and subsisting.
22 
Sec. 18. Repealing Clause. - Any law, presidential decree or issuance, executive
23 
order, letter of instruction, administrative order, rule, or regulation contrary to or
24 
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
25 
accordingly.
26 
Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its
27 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
15