Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL Nod 827

Introduced by Reps. TEDDY A. CASINO, MEL SENEN S. SARMIENTO,
MAXIMO B. DALOG, EMMANUEL D. PACQUIAO and NERI JAVIER COLMENARES

EXPLANATORY NOTE

‘One out of every five Filipino houscholds do not have access to sanitary toilet system. Recent data
from United Nations Children’s Fund show that 28% of the population is subjected to indignities of
having to defecate in the open, in plastic bags or buckets disposed on rivers and garbage bins. The
embarrassment of our countrymen compelled to do this for want of proper toilet facility hits right at
the core of their beings. Sanitation as a human right goes deep and touches on the basic dignity of
every person.

‘The large number of those without access to proper toilet facilities is alarming considering that
health and well-being are closely connected to sanitation. The prevalence of sanitation-related
diseases, such as cholera and amoebiasis, is an indication not only of unhygienic conditions our
people are daily exposed to, but of the extent of poverty faced by the majority of Filipinos. In fact,
diarrhea is one of the leading cause of morbidity in the Philippines.

For many years, vital reforms on the delivery of health and sanitation services have been pushed at
the back-burner. ‘The small health budget has lead to limited access of health services. Instead of
sustained and concrete programs, the health sector resorts to short-term expedient solutions to
decades-old health and sanitation concerns. Little importance is given to sanitation despite the
passage of the Clean Water Act of 2004 and the rising incidence of water-borne diseases outbreaks.
‘The continued distegard of the importance of sustainable sanitation is also reflected on the high
morbidity rate especially of children and pregnant women.

Sustainable sanitation does not end with the availability of a toilet facility inside the house, it extends
to complete community-wide sanitation systems designed to properly treat and dispose waste. It
involvesa comprehensive review and implementation of the national sanitation program taking into
consideration the practices and standards applicable to Philippine setting.



This bill seeks to promote sustainable sanitation by strengthening and expanding the services of the

Sanitation Unit of the Department of Health, and by amending Sections 3 and 103 of Presidential
Dectee 856 also known as the Sanitation Code.

In view of the foregoing, immediate approval of this measure is earnestly sought.

res
THDDY A. CASINO

Bayan Muna Party-list

Approved,

. DALOG
istrict, Mt. Province

Lone District, Sarangani


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3827

Introduced by Reps. TEDDY A. CASINO, MEL SENEN S. SARMIENTO,

MAXIMO B. DALOG, EMMANUEL D, PACQUIAO and NERI JAVIER COLMENARES

AN ACT
STRENGTHENING THE SUSTAINABLE SANITATION PROGRAM BY

REORGANIZING THE SANITATION UNIT OF THE DEPARTMENT OF HEALTH

AND PROVIDING FUNDS THEREFOR

Section 1. Short Title. This Act shall be known as the “National Sustainable Sanitation Act of

2010".

Section 2. Declaration of Policy. The state shall pursue a policy on sustainable sanitation to
protect public health and human development as a fundamental human right. As such, it shall be the
guided by the following policy statements:

a

Sanitation is both a social and economic good. It is essential for basic health and dignity of
the person.

Sanitation policies, plans and programs must be localized and its management decentralized
at the lowest level possible.

. Sanitation is a responsibility of all citizens. Different stakeholders must be involved in

promoting good sanitation and hygiene practices.
Sanitation systems must be financially sustainable, economically affordable, socially and
culturally acceptable.

9. Good sanitation contributes to environmental sustainability and penalizes polluters.
. Sanitation services must be responsive and shall include capacity development for

consideration of appropriate technologies, financing and management options at various
levels.

Proper resource conservation, re-use, recycle and recovery of sanitation by-products will be
considered.

Access to sanitation should be equitable and sensitive to gender differences.

. Efficient water governance includes sanitation.


Section 3. Definition of Terms. As used in this Act, the following terms shall mean:

a) Ecological Sanitation — refers to a system that separates urine and feces and provides
for the safe recycling of excreta resources (plant nutrients and organic mattet) to crop
production in such a way that the use of non-renewable resources is minimized.

b) Exereta — refers to both human feces and urine.

¢) Sanitation ~ refers to a wide range of services and arrangements pertaining to the
hygienic and proper management of human excreta and community liquid wastes to
safeguard the health of individuals and communities. This is usually concerned with
preventing diseases by hindering pathogens or disease-causing organisms found in excreta
and wastewater from entering the environment and coming into contact with people and
communities. This also involves the construction of adequate collection and disposal/reuse
facilities and the promotion of proper hygiene behaviour so that facilities arc effectively used
atall times.

@) Septage — means the sludge produced on individual onsite wastewater disposal systems,
principally septic tanks and cesspools.

©) Sewage — means water-borne human or animal wastes excluding oil or oil wastes
removed from residences, buildings, institutions, industrial and commercial establishments.

£) Sewerage — refers to any system or network of pipelines, ditches, channels or conduits
including pumping stations, lift stations and force mains, service connections including other
constructions, devices an appliances appurtenant thereof , which includes the collection,
transport, pumping and treatment of sewage to a point of disposal.

g) Sludge ~ means any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control pollution facility,
ot any other such waste having similar characteristics and effects.

h) Sustainable sanitation system — a system that protects and promotes human health,
minimizes environmental degradation and the depletion of the resource base. It is technically
and institutionally appropriate, while maintaining social acceptability and economic viability
in the long term.

i) Treatment ~ means any method, technique, or process designed to alter the physical,
chemical or biological and radiological character or composition of any waste or wastewater
to reduce or prevent pollution.


}) Universal Coverage — one hundred percent (100%) of total households have their own
sanitary toilet facilities.

k) Zero Open Defecation ~ refers to the state of no defecation in open public places. A
community is said to have zero open defecation when 100% of its households have their,
own sanitary toilets.

Section 4. The Strengthening of the Sanitation Unit. Vor purposes of carrying out the declared
policy in Section 2, itis hereby established that the present Sanitation Unit, hereinafter called the
Unit, under the Department of Health be strengthened through additional support services and
appropriate funds as per recommendation of the Department of Health. It shall be an autonomous
unit directly under the Office of the Health Secretary.

“The Unit shall be headed by an Administrator who is a sanitation engineer, or equivalent
qualification, with at least five (5) years distinguished service and experience in any of the following
fields: waterworks, sanitation management, and health. The administrator shall receive
compensation, benefits, privileges and other emoluments equivalent to an Undersecretary of the
DOH.

Section 5. Objectives of the Unit, The Unit shall have the following objectives:

1. To establish the policy guidelines for the implementation of sustainable sanitation including
regulatory and institutional arrangements; -

2. To promote rapid expansion of sanitation coverage throughout the Philippines in
partnership with different stakeholders; and

3. To set national targets and directions that will guide national and local plans and programs
on sustainable sanitation.

Section 6. Powers and Functions of the Unit. ‘The Unit shall oversee the preparation and
implementation of local sustainable sanitation management plans and prescribe policies to achieve
the objectives of this Act. The Unit shall undertake the following activities:

1, Prepare and regularly update the National Sustainable Sanitation Management Framework;

2. Lead inter-agency implementation of the National Sustainable Sanitation Program;

3. Develop and implement a program to provide technical and other capability building
assistance and support to local government units in the development and implementation of
local sustainable sanitation plans;

4. Review and monitor national agency and local government sustainable sanitation plans in
accordance with its rules and regulations;

5. Develop and implement a national pro-poor sanitation program that will target to achieve
zero open defecation nationwide and one hundred percent sanitation coverage of all
households by 2016;


6. Establish and manage the Sanitation Program Fund of the DOH;

7. Monitor and regularly report to the public, through the DOH, the national account for
sanitation;

8. Formulate the necessary education promotion, information campaign and social marketing
strategies;

9. Spearhead the research and development of the knowledge and skills on technology,
management and financing options for sustainable sanitation;

10. Encourage community participation and other partnership modalities in the different areas
of sustainable sanitation service delivery chain;

11. Propose and adopt policy, standards, regulations and guidelines relative to the
implementation of this Act and other related laws;

12. Promote knowledge, standards, skills and proper hygiene behaviour for appropriate and
sustainable sanitation solutions in schools and in emergency situations;

413. Develop a program for the development, training and professionalization of sanitary
inspectors in partnership with their national organization; and

14, Facilitate the organization, registration and regulation of Sanitation Service providers.

Section 7, Role of the Department of Interior and Local Government. The (Department of
Interior and Local Government) DILG shall formulate its own sustainable sanitation strategy that
will ensure that all LGUs capacity are enhanced and are assisted in developing and updating their
local sustainable sanitation plans, and in the regular inclusion of sustainable sanitation in the LGU
annual investment and development plans. They will also assist in over-all sector monitoring and
assessments and maintenance of a database.

Section 8. Role of the Department of Public Works and Highways. The Department of Public
Works and Highways (DPWH) shall implement the National Sewerage and Septage Management
Plan (NSSMP) for highly urbanizing cities as provided for in the Philippine Clean Water Act of
2004. It shall ensure that the implementation of the in partnership with the LGUs. It will
also develop its own sustainable sanitation strategy that will ensure proper installation of adequate
and sustainable toilet and handwashing facilities for men, women and disabled persons of the
public and employees in all government buildings.

Section 9. Role of the Housing and Land Use Regulatory Board and its attached agencies
such as the National Housing Authority and the Hosuing and Urban Development
Coordinating Council. The HLURB, NHA and HUDCC shall develop its own sustainable
sanitation plans consistent with this Act that will: a) ensure that appropriate sustainable sanitation
systems are adequately provided for in all its housing projects and b) identify their agency targets and
budgets for sanitation.

Section 10. Role of the Local Water Utilities Administration, The Local Water Utilities
Authority (LWUA) will develop its sustainable sanitation strategy and action plan aimed to assist


water utilities (aot limited to water districts) who will implement sustainable sanitation initiatives, Ie
will also ensure at least five percent (5% ) of its total loan products are allocated for sanitation,
sewerage and septage management projects. As much as possible, it will also provide access to
innovative financing schemes and capacity development of the water districts.

Section 11. Role of the National Water Resources Board. The National Water Resources Board
(NWRB), as the main economic regulator of the water sector provided for in the Water Code shall
be the economic regulator for sewerage and septage management. The sanitation economic
regulatory guidelines shall be developed by the NWRB and it should cover the following tasks:

Promotion of operating efficiency and performance indicators;
Service standard specification and monitoring;

Ensure asset serviceability over time;

Promotion of water use efficiency;

Safety net regulations; and

Customer service responsiveness.

Oar ona

In special areas where there is a different economic regulator for the water service provider
(Such as those regulated by contract), the regulator assumes responsibility for sanitation and
sewerage regulation. Their regulatory guidelines should be consistent with the national economic
regulatory guidelines for sanitation that will be developed by the NWRB. In such cases, the

NWRB shall serve as the appellate body for complaints between the setvice provider and the
consumers.

Section 12. Role of the Municipal/City Local Government Units. The local government units
(LGUs) are mandated to ensure that basic sanitation services are provided to their

constituents.Consistent with the provisions of the local government code, it is hereby mandated
that:

1. Sanitation Unit in each city or municipality be established. The Sanitation Unit will be under
the local health departments to be headed by a Sanitation Engineer ot its equivalent. This
unit shall be composed of the head and a team of sanitary inspectors. This unit shall be
responsible for the development and implementation of the local sustainable sanitation plans
and programs and shall recommend local legislation as deemed necessary.

LGUs will develop their local sustainable sanitation plans that respond to thei local situation

and priority needs and furnish the Unit a copy of the plan for monitoring and technical
assistance.


3. They will work with different stakeholders and service providers such as Water Districts,
small private entrepreneurs and community-based associations to develop the plan and
ensure its implementation and enforcement of the national policies.

4. ‘They will develop local policies and ordinances which defines its strategies and stipulates
penalties and fines for violations for open defecation and for other unsanitary behaviours
that affect public health.

5. The LGUs shall allocate at least 10% of their 20% development funds for improvement of
sanitation, the amount of which shall be regularly reported and accounted for separately. The
sanitary fees levied by the LGUs shall be solely allocated for sanitation related projects.

6. The LGUs will develop programs and incentive schemes to achieve universal coverage of
their total household population having their own sanitary toilet facilities within a
reasonable time frame as indicated in their sustainable sanitation plan.

7. The LGUs shall also ensure the provision, operation and maintenance of adequate sanitary
toilet facilities for men and women in public places such as public markets, bus terminals,
public parks, public basketball courts/gymnasiums. They shall also ensure adequate
operation and maintenance of public school buildings.

8. The LGUs will work with communities and households to create demand for sanitation
improvement through health and hygiene awareness programs.

Section 13. Role of Provincial LGUs. The Provincial LGUs will assist the Municipal and City
LGUs by:

Ensuring compliance with the national policy, norms and standards;

Developing provincial legislation, norms and standards;

Monitoring progress of the LGUs in meeting their targets;

Allocating portion of their IRA to provide for counterpart support financing to
municipal/city LGUs; and

5. Providing for the establishment, operation and maintenance of at least one septage
treatment facility for the province.

PONS

Section 14, Role of the Department of Education. ‘The Department of Education (DepEd) shall
ensure that all schools have adequate number of sustainable sanitary toilet facilities for the students.
No school building is considered complete without proper toilet facilities. The DepEd shall
immediately address the access gaps by giving priority to schools that maybe used as evacuation
centers. All of these information shall be identified in their sustainable sanitation action plan which
should indicate their targets, plans and budgets within a given timeframe.


Section 15, Role of the Inter-Agency Committee on Environmental Health. The Inter-Agency
Committee on Environment Health ([ACEH) shall be a high level inter-agency platform to ensure
coordination and monitoring of agency performance. They will address emerging bottlenecks that
constrain achievement of universal coverage.

Section 16. Role of the Department of Finance. The Department of Finance will take
responsibility for ensuring equitable and practical funding and financing arrangements that will
enable the provincial and municipal LGUs to finance their sanitation plans and programs.

Section 17, Role of Civil Society. Non-government organizations and community-based
organizations can include but are not limited to health and hygiene awareness promotion and
education; training and capacity development; facilitating community participation; implementing
‘community-based sanitation improvement projects; monitoring plan implementation; and piloting
demonstration projects.

Section 18, Individual Excreta and Sewage Disposal System, All houses and buildings shall
have an excreta and sewage disposal system as approved by the local Sanitation Inspector and
provided for in Section 19.

Section 19. Sewerage and Sewage Treatment System, All houscholds and buildings covered by
the system shall be connected to the sewer.

Section 20. Approval of the Department. The approval of the Department shall be required in the
following matters:

The construction of any approved type of individual excreta and sewage disposal system.
Plans, designs, and specifications of individual excreta and sewage disposal system.
Plans, designs and specifications of sewerage and sewage treatment systems.

Methods of disposal of sludge and/or septage from excreta or sewage disposal treatment
facilities.

eons

Section 21. Achieving Universal Sanitation Coverage. The Unit, in coordination with ACEH
and the LGUs shall spearhead a sustainable sanitation campaign aimed at achieving universal
sanitation coverage in the country that will:

1. Raise awareness and cultivate demand for improved sanitation at LGU level;
2. Achieve zero open defecation in all barangays in the country by 2016;
3. Ensure that all households will have their own sanitary toilet facility;


4, Ensure that LGUs provide a support system for disposing human excreta, houschold
wastewater and refuse which is acceptable to users, safe, hygienic, easily accessible and which
does not have an unacceptable impact on the environment; and

5. Trigger LGUs to develop their sustainable sanitation plans and programs and allocate
resources for its implementation.

Section 22. The National Sustainable Sanitation Plan. The DOH thru the Sanitation Unit shall
prepare a five-year (5) National Sustainable Sanitation Plan consistent with the Sustainable
Sanitation Framework within one (1) year from the approval of this Act.

Section 23, The Local Sustainable Sanitation Plan, The Local Government Units shall prepare
its respective five-year (5) Sustainable Sanitation Plans consistent with the Sustainable Sanitation *
Framework Plan within one (1) year from the approval of this Act.

Section 24, Amendatory and Repealing Clause. ‘the following sections of Presidential Decree
856 also known as “Sanitation Code” is hereby amended to read as follows:

Section 3. Functions of the Department of Health. The Department shall have the following
powers and functions:
(@) Undertake the promotion and preservation of the health of the people and raise
the health standards of individuals and communities throughout the Philippines;

XXX

@) TAKE A LEAD ROLE IN SANITATION GOVERNANCE BY
PROVIDING TECHNICAL ASSISTANCE, SETTING STANDARDS AND
POLICY GUIDELINES, AND THE CONDUCT OF RESEARCH AND
DEVELOPMENT AND MONITORING OF PLANS AND PROGRAMS.

Section 103. Penal Provision

(a) Unless otherwise provided in any Chapter or section in this Code, any [person]
public official who shall violate, disobey, refuse, omit or neglect to comply with any
of the rules and regulations promulgated under this Code shall be guilty of
misdemeanor and upon conviction shall be punished by imprisonment for a period
not exceeding [six months or by a fine of not exceeding one thousand pesos]
FOUR (4) YEARS AND A FINE NOT LESS THAN FIFTY THOUSAND
PESOS (Php 50,000.00) AND NOT MORE THAN ONE HUNDRED
THOUSAND PESOS (Php 100,000.00) PER DAY FOR EACH DAY OF
VIOLATION depending upon the discretion of the court.


(b) Any person who shall interfere with or hinder, or oppose any officer, agent ot
member of the Department or of the bureaus and offices under it, in the
performance of his duty as such under this Code, or shall rear down, mutilate, deface
or alter any placard, or notice, affixed to the premises in the enforcement of the
Code, shall be guilty of a misdemeanor and punishable upon conviction by
imprisonment for a [six months or by a fine of not exceeding one thousand pesos or
both depending upon the discretion of the court] FOUR (4) YEARS AND A
FINE NOT LESS THAN FIFTY THOUSAND PESOS (Php 50,000.00)
AND NOT MORE THAN ONE HUNDRED THOUSAND PESOS (Php
100,000.00) PER DAY FOR EACH DAY OF VIOLATION depending upon the
discretion of the court.

Section 25. Appropriations. The Department shall allocate an initial Php 60 million for the
Jaunching of the NSSP nationwide and jump-start sustainable sanitation in high-risk areas as
recommended by the Provicial Health Units in every region, The National Sanitation Unit shall
have an allocation of at least Php 30 million thereafter. First, second and third municipalities and
cities shall provide funding for the implementation of their local sanitation programs. Fourth and
fifth class municipalities shall receive counterpart assistance from DOH, DENR and DPWH for the
implementation of their sanitation programs.

Section 26. Separability Clause. If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full
force and effect.

Section 27. Repealing Clause. Any lave, presidential decree or
instruction, administrative order, rule or regulation contrary to ot inconsistent with the provi

uance, executive order, letter of
ion of

this Act is hereby repealed, modified or amended accordingly.

Section 28. Effecti

ity. This Act shall take effect fifteen (15) days after its publication in at least

two (2) national newspapers of general circulation.

Approved,