HULSE OF RE TATIVES
Republic of the Philippin RECEIVED
HOUSE OF REPRE! Ss
SENTATIVES | ___ 03 AUG 2016

Quezon City

First Regular Session preisria as unr

SEVENTEENTH CONGRESS

BILLS AND Nui SERVICE

House Bill No. 2457

Introduced by REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

As an archipelagic nation, the Philippines is a blessed with an abundant
source of water including rivers, lakes, river basins, and groundwater
reservoirs. Groundwater resources are continuously recharged by rain and
seepage from rivers and lakes. Theoretically, the freshwater storage capacity
and the high rate of precipitation assure the country an adequate supply for its
agricultural, industrial and domestic uses. However, seasonal variations are
considerable and geographic distribution is biased, coupled by
mismanagement on the part of both private public and regulators, often
resulting in water shortages in highly populated areas, especially during the
dry season.

The country’s major water users are the agricultural sector, which
accounts for 85.27 percent of the total water supply, the industrial sector
which consumes 7.46% and lastly the domestic users which use the remaining
7.27Tpercent (PEM, 2003; 2004).

According to the ‘2005 Little Green Data Book’ of the World Bank,
one out of five Filipinos does not get water from formal sources. Only 77
percent of the rural population and 90 percent of those in urban areas have
access to an improved water source and only 44 percent have direct house
connections. Those without house connections access water from wells,
springs, communal faucets, and/or from small-scale informal providers. Water
supplied by all sources in the Philippines is considered unsafe for drinking
without further treatment.

Most of the problems encountered in the country’s water sector today
arise from an issue of conflicts of use and water allocation. With the increase


in population coupled with worsening pollution of water, lack of infrastructure
and facilities result in allocation issues and conflicting rights over limited
water supply.

One of the most critical issues confronting the Philippine water sector
is the lack of an appropriate institutional framework to address issues of
development and management of water and related resources. At present, the
National Water Resources Regulatory Board (NWRB) is responsible for
policy formulation, administration and enforcement of the Water Code of the
Philippines. But there are over 30 other agencies separately dealing mainly
with each of the sectors of water supply, irrigation, hydropower, flood control,
pollution, and watershed management. It is this fragmented approach to water
management, which causes an overlap of work and conflicts among agencies
and results in a fractional water management plan that does not adequately
meet the requirements for long-term sustainability.

This bill seeks to rationalize the resource management of water, sewage
and sanitation through the creation of the Department of Water, Sewage and
Sanitation.

The Department shall have the following functions:

1) Set the policy for water supply and sewage and septage management;

2) Manage the country’s water resources to ensure optimal use, including
the preservation of land and water;

3) Build, maintain and monitor water-related infrastructure to water
quality and accessibility; and,

4) Contribute to international dialogue and push for domestic adoption of
policies to achieve universal access to water and sanitation.

The country’s water resources are under mounting stress because of
rapid population growth, increasing demand for food production,
urbanization, pollution, excessive and inefficient use of water, and climate
change. Ensuring adequate availability of water in the future will require
protecting the country’s water sources through improvement of catchment
areas and watershed protection, regular assessment and monitoring of
consumption patterns and trends, and efficient allocation of existing water
supplies. All of the latter need to be taken into account in the institutional
decision-making framework.

To live in a community that is clean, free from human waste, and
abundant with safe and affordable drinking water is an utmost human right.
Through this bill, the Philippines is declaring its commitment to achieving the
realization of universal access to water and sanitation and sustainable
management of water resources as an indispensable basis for social and
economic improvement of the country, and providing for the basic health
requirements of the people.


For the foregoing reasons, the immediate consideration and passage of
this bill is earnestly urged.

ARTHURC, YAP
Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2457

Introduced by REPRESENTATIVE ARTHUR C. YAP

AN ACT
RATIONALIZING THE RESOURCE MANAGEMENT OF
THE WATER SECTOR, CREATING THE
DEPARTMENT OF WATER, SEWAGE, AND
SANITATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

CHAPTER I

GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Water
Resources Management Act of 2016.”
SECTION. 2. Declaration of Policy. — It is hereby declared the policy
of the State to recognize, protect, realize, and enhance the right of all Filipinos
to safe, clean, affordable, and accessible drinking water and sanitation as
essential to the full enjoyment of life and all human rights and the protection

and sustainability of the environment.

In pursuit of this Policy, this Act shall have the following objectives:


20

21

22

23

24

25

(a) To prioritize and seek the immediate attainment of universal access to
safe, adequate, affordable, and sustainable water supply and sanitation
services for all Filipinos, in particular the ignored populations such as
homeless and transient persons, and adopt all necessary measures
directed towards the realization of the human right to water and
sanitation;

(b)To encourage State participation in and information sharing and
education around best practices in the international movement to
achieve universal access to water and sanitation and the integration of
water, energy, environment, and food security;

(c)To strengthen and coordinate water resource planning and policy
making to ensure sustainable and fair allocation and efficient use of
water resources between competing water uses and users, including but
not limited to domestic and municipal use, irrigation, power generation,
farming, fisheries, commercial, and industrial use;

(d)To coordinate and strengthen policy and planning in relation to flood
control and flood risk management in order to plan against, prevent,
and reduce the detrimental and catastrophic effects of flood waters; and,

(e)To secure for all public works the highest efficiency and the most
appropriate quality in construction and to plan, design, construct, and
maintain infrastructure facilities in accordance with national
development objectives.

SECTION. 3. Definition of Terms. — For purposes of this Act, the following
terms are hereby defined:

(a) Department refers to the Department of Water, Sewage, and Sanitation.


1

21

22

23

24

25

(b) Flood Control refers to methods, acts and protocols to be observed in
order to prevent and reduce the detrimental and catastrophic effects of
flood waters.

(c) Flood Risk Management refers to such acts of defining and determining
the appropriate methods, acts and protocols aimed at preventing and
reducing the risk of incurring loss of both life and property due to
flood waters. It also includes, but is not limited to, the implementation
of precautionary measures, as well as the installation of infrastructures
and the determination of post-flood clean-up activities in order to arrest
the residual effects of flood waters.

(d) Sanitation refers to sewage, sanitation, and septage management.

(¢) Sewerage refers to any system or network of sanitary pipelines, ditches,
channels, or conduits including pumping stations, lift stations, and force
mains, service connections including other constructions,
devices, or appliances appurtenant thereof, which includes the
collection, sanitary piping transport, pumping, and treatment of
water-borne human or animal waste removed from residences,
buildings, institutions, and industrial and commercial establishments to
point of sewage treatment plant disposal.

(f) Sewage refers to water-carried waste in solution or suspension,
including sanitary waste (waste products of normal living), commercial
waste, industrial waste, agricultural waste, and surface runoff,
conveyed by a sewerage system for treatment or disposal. For purposes
of this Act, the definition of septage shall be included in the use of

sewage.


1 (g)Septage refers to sludge produced on individual on-site wastewater

2 disposal systems, principally septic tanks and cesspools.

3 (h) WRC refers to the Water Regulatory Commission or to any present or
4 future water regulatory body with quasi-judicial powers and tasked to
5 provide economic and administrative regulation of water utilities.

6 The terms “infrastructure” and “public works” as used in this Act

7 should be read to apply only to wholly or primarily water-related projects and
8 _ shall not be read to incorporate projects which would not otherwise fall within

9 the purview of the objectives, power, and duties of the Department.

10 CHAPTER II
u ORGANIZATION
2 SECTION. 4. The Department of Water, Sewage, and Sanitation. —

13. There is hereby created and established the Department of Water, Sewage,
14 and Sanitation, hereinafter referred to as the “Department,” which shall be
15. organized within one hundred twenty (120) days after the effectivity of this
16 Act. The Department shall be tasked with developing and implementing a
17 comprehensive water, sewage, and sanitation program for the Philippines

18 including, but not limited to:

19 (a) implementing necessary policy and resource reforms with respect to
20 the management of water, sewage, and sanitation;

2 (b) monitoring and evaluating compliance with the Social Contract of the
22 President and the Millennium Development Goals as they relate to
23 water, sewage, and sanitation;

24 (c) formulating a national updated road map to address the water, sewage,

25 and sanitation requirements of the State; and


al

=

23

24

25

(d)improving conservation of water and increasing system efficiencies.

SECTION. 5. Powers and Duties of the Department, — The
Department shall have the following powers and duties, among others:

(a)Develop policies to promote universal access to safe, adequate,
affordable, and sustainable water supply, sewage, and sanitation
services for all Filipinos;

(b) Coordinate with the WRC and other relevant entities to provide policy
directions, strategies, and targets to meet the goals and objectives for
water supply, sewage, and sanitation. Such policies shall, among other
things, integrate the issues of water, sewer, energy, environment, and
food security;

(c) Manage and protect the country's water resources to ensure the optimal
use thereof for domestic water supply, sewage, sanitation, irrigation,
hydropower, navigation, flood control, and recreation, including the
enhancement and maintenance of water quality, conservation of
watersheds, control of water pollution, and environmental restoration,
without compromising the natural ecosystem functions and services;

(d)Manage the ownership, appropriation, utilization, exploitation,
development, conservation, and protection of water resources and
rights to land related thereto and their competing demands;

(e) Undertake and coordinate with other agencies and government entities
in data gathering, scientific research, and studies on water resources
management and development, and conduct nationwide hydrologic
surveys to determine the annual renewable water available per water

region;


20

21

22

23

24

25

(f)Formulate and enforce rules and regulations in the administration and
management of the country's water resources and implement rules and
guidelines for the enforcement of water-related laws;

(g)Conduct continuing surveys and studies of the country's renewable
water supply with a view towards formulating long-term policies to
balance the sustainability and optimal use of water resources, defining
the hydrologic boundaries of basins of the existing water supply
sources, and creating and implementing countrywide master plans for
water resources management and development;

(h) Coordinate with and assist other government agencies in all aspects of
data gathering, conduct studies and research, and classify and establish
water quality standards for surface and ground water, including
national standards for drinking water and wastewater effluence in
coordination with relevant agencies;

(i)Coordinate with other relevant agencies to engage in flood control and
flood risk management, formulate integrated water resources
management (IWRM) policies and plans, and coordinate the
implementation, promotion, revision, and enhancement of [WRM
plans;

(j)Effect and compel inter-sectoral, inter-agency, and inter-departmental
coordination on water, sewage, and sanitation resources development
planning with the aim of operationalizing the integrated approach to
water resources management;

(k)Regulate and control the utilization, exploitation, abstraction,

diversion, and development of water resources, taking into


20

21

22

23

24

25

consideration its equitable distribution, and determine the standards of
beneficial and priority uses of water in times of crisis and national
emergencies;

(1)Assist and provide the National Economic and Development Authority
(NEDA) with required data and inputs from and for the water sector in
the formulation of the country's short-term and long-term strategic
development plans and actions;

(m) Coordinate with other relevant agencies and develop policies and
plans in respect of water resources used for farming, including
sustainable mechanisms for irrigation;

(n)Pass upon, approve, or disapprove all plans, programs, or development
projects of private individuals, corporations, and government agencies,
whether national or local, that affect water resources, its diversion or
abstraction, and the construction of hydraulic facilities, including but
not limited to plans and projects in watershed or basin areas of water
supply sources, which have direct or indirect impact on the affected
locality's water resources;

(o)Review from time to time regulations prescribed by any government
agency pertaining to water use, exploitation, development,
conservation, or protection of waters, water resources, and watershed
or basin areas;

(p) Authorize its representatives or any deputized agent to enter any
property of public dominion or any private land, building, or enclave,
whether inhabited or not, for the purpose of conducting hydrologic

surveys and investigations, including assessing and evaluating the


20

21

22

23

25

conditions of water facilities installed and determining compliance
with water laws and standards;

(q)Require Local Government Units (LGUs) and national agencies to
submit zoning and land use management plans to ensure the integration
of water resource management plans; Provided, That no zoning and
land use plan shall become effective and enforceable unless and until
a certification of integration of water, sewage, and sanitation resource
management plan has been issued by the Department. Should the
Department have serious concerns affecting conservation and
sustainability of water supply, such concerns must first be resolved by
the Department and the concerned LGU and/or national agency.
However, in the absence of such concerns, the concerned LGU and/or
government agency may, within ninety (90) days from the submission
of its zoning and land use plan and after submitting to the Department
a written notice of compliance with this provision, proceed with the
implementation of its zoning and land use plan without prejudice to
later integration of the water resource management plan for the
locality;

(r)Provide technical assistance to water, sewer, and sanitation users
including, but not limited to, farmers and LGUs, whether directly or in
coordination with other agencies, to assist them in applying for water
permits and providing data on water, sewage, and sanitation resource
usage;

(s) Plan, design, construct, and maintain infrastructure facilities, flood

control, and water resource development systems and provide


20

21

22

24

25

technical services for the planning, design, construction, maintenance,
and/or operation of the same;

(t)In coordination with other relevant agencies, develop and implement
effective codes, standards, and reasonable guidelines to ensure the
safety of all public and private structures in the country and assure
efficiency and proper quality in the construction of water, sewage, and
sanitation infrastructure;

(u)Coordinate with relevant agencies, including the Department of
Environment and Natural Resources and the WRC, to ensure that the
agencies' respective standards complement each other when taken as
part of a larger whole;

(v)In coordination with other relevant agencies, ascertain that all plans
and project implementation designs are consistent with current

standards and guidelines;

(w) Provide the works supervision function for all public works
construction and ensure that actual construction is done in accordance
with approved government plans and specifications;

(x)Assist other agencies, including LGUs, in determining the most
suitable entity to undertake the actual construction of water, sewage,
and sanitation projects;

(y)Maintain or cause to be maintained all flood control, water resource
development systems, and other public works throughout the country
except those that are the responsibility of other agencies as directed by

the President of the Philippines or as provided by law;


6

20

21

22

23

(z) Provide integrated planning for flood control, flood risk management,
and water resource development and management systems, and other
public works;

(aa) Issue and promulgate rules, regulations, and guidelines as may be
necessary to implement and enforce its powers and functions under
this Act;

(bb) Determine and require the monitoring and submission of such data,
statistics, and other information as may be necessary for the effective
and efficient exercise of its duties, functions, powers, and
responsibilities;

(cc) Respond to consumer complaints and ensure the adequate promotion
of consumer interests;

(dd) Deputize agents, whether from the public or private sector, to assist
in the performance of any of the powers and functions of the
Department;

(ce) Appoint, hire, and maintain adequate staff and personnel, advisers,
and/or consultants, with suitable qualifications and experience, as
necessary;

(ff) Exercise such other powers and functions necessary or incidental to
the effective administration and management of the country's water,
sewer, and sanitation resources;

(gg) Exercise such other incidental powers and functions as may be

necessary to attain the objectives of this Act; and


20

21

22

(hh) Carry out such other functions as the President may from time to time
assign to the Department consistent with the aims and provisions of
this Act.

SECTION. 6. Secretary of the Department of Water, Sewage, and
Sanitation. — The authority and responsibility for the exercise of the mandate
of the Department and for the discharge of its powers and functions shall be
vested in the Secretary of the Department of Water, Sewage, and Sanitation,
hereinafter referred to as the Secretary, who shall have supervision and control
over the Department and shall be appointed by the President. For such
purposes, the Secretary shall:

(a) Advise the President on the promulgation of executive or
administrative orders, regulations, proclamations, and other issuances
relative to matters under the jurisdiction of the Department;

(b) Establish the policies and standards for the operation of the Department
pursuant to the President's guidelines;

(c) Promulgate rules and regulations necessary to carry out Department
objectives, policies and functions;

(d) Exercise supervision and control over all Bureaus and Offices under the
Department;

(e) Supervise all attached agencies and corporations in accordance with
law;

(f) As deemed appropriate by the Secretary, delegate authority for the
performance of any power or function, as defined herein or as delegated

by the President, to officers and employees under his direction; and


1

20

21

22

23

24

es

(g)Perform such other duties and responsibilities as may be provided by
law.

No person shall be appointed Secretary unless he possesses extensive
knowledge of public administration and has a minimum of ten (10) years of
experience in the administration of water, sewage, or sanitation programs,
preferably in a public agency.

SECTION. 7. Office of the Secretary. — The Office of the Secretary
shall be composed of the Secretary and his immediate staff.

SECTION. 8. Undersecretaries. — The Secretary shall be assisted by
not more than five (5) Undersecretaries, including the Undersecretary for
Global and Holistic Planning noted below, who shall be appointed by the
President upon the recommendation of the Secretary. The Secretary is hereby
authorized to delineate and assign the respective functional areas of
responsibility of the Undersecretaries: Provided, That such responsibility
shall be with respect to the mandate and objectives of the Department; and
Provided further, That no Undersecretary shall be assigned primarily
administrative responsibilities. Within his functional area of responsibility, an
Undersecretary shall have the following functions:

(a) Advise and assist the Secretary in the formulation and implementation
of Department policies, plans, programs, and projects;

(b) Supervise all the operational activities of the units assigned to him, for
which he is responsible to the Secretary; and

(c) Perform such other duties and responsibilities as may be assigned or
delegated by the Secretary to promote efficiency and effectiveness in

the delivery of public services or as may be required by law.


20

21

a.

23

24

The Undersecretary for Global and Holistic Planning shall have
primary responsibility, with the support of and in coordination with the
Planning Service, for participating in international dialogue to learn from and
contribute to, and for advancing domestic efforts in the pursuit of the ultimate
goal of universal access to water supply, sewerage, and sanitation systems and
sustainable management of water resources. He shall also have primary
responsibility for knowledge sharing and advancement of efforts around the
integration of water, energy, environment, and food security.

No person shall be appointed Undersecretary unless he possesses a
working knowledge of public administration and has a minimum of seven (7)
years of experience in the administration of water, sewage, or sanitation
programs, preferably in a public agency or with legal or financial knowledge
of such programs.

SECTION. 9. Assistant Secretaries. — The Secretary shall also be
assisted by six (6) Assistant Secretaries appointed by the President of the
Philippines upon the recommendation of the Secretary: one to be responsible
for the Internal Audit Services; one for the Monitoring and Information
Service; one for the Planning Service; one for the Comptrollership and
Financial Management Service; one for the Legal Service; and one for the
Administrative and Manpower Management Service.

No person shall be appointed Assistant Secretary unless he possesses a
working knowledge of public administration and has a minimum of five (5)
years of experience in the administration of water, sewage, or sanitation

programs, or other public works programs.


20

21

22

23

24

SECTION. 10. Organizational Structure. — The Department shall be
composed of the following organizational units:

(a) Department Proper consisting of the Office of the Secretary, the Offices
of the Undersecretaries and Assistant Secretaries, the Internal Audit
Service, Monitoring and Information Service, Planning Service,
Comptrollership and Financial Management Service, Legal Service,
and the Administrative Service;

(b)Bureau of Research and Standards, Bureau of Design, Bureau of
Construction, Bureau of Maintenance, and Bureau of Equipment; and

(c)Regional Offices, as deemed appropriate and necessary by the
Secretary.

SECTION. 11. Internal Audit Service. — The Internal Audit Service is
hereby created for the purpose of conducting comprehensive audit of various
Department activities. Specifically, it shall have the following functions:

(a) Advise the Secretary on all matters relating to management control and
operations audit;

(b) Conduct management and operations performance audit of Department
activities and units and determine as to the degree of compliance with
established objectives, policies, methods and procedures, government
regulations, and contractual obligations of the Department;

(c) Review and appraise systems and procedures, organizational structure,
assets management practices, accounting, and other records, reports,
and performance standards (such as budgets and standard costs) of the

Department Proper, Bureaus, and Regional Offices;


20

21

22

23

24

25

(d)Analyze and evaluate management deficiencies and assist top
management to solve problems by recommending realistic courses of
action; and

(e)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 12. Monitoring and Information Service. — The

Monitoring and Information Service is hereby created to provide the Secretary
timely reports on the status of various Department projects and activities and
develop and implement information programs for mass dissemination in
coordination with the appropriate government agencies. The Monitoring and
Information Service shall have the following functions:

(a) Advise the Secretary on all matters relating to monitoring and public
information;

(b)Develop and maintain a system for retrieving and processing
monitoring information on all projects and activities of concern to the
Secretary;

(c)Provide accurate and timely status and exception reports to the
Secretary;

(d)Generate monitoring reports for the President, the Cabinet, or for any
other purpose as required by the Secretary;

(e)Develop and supervise the implementation of communications
programs to have relevant policies, programs, and plans of the
Department understood by the public;

(f) Produce and supervise the dissemination of media materials in line with

national government public information programs;


ie

a

21

22

23

24

(g)Coordinate with the appropriate national government agencies tasked
with public information affairs; and

(h)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 13. Planning Service. — The Planning Service is hereby

created to provide the Department with the capability to undertake
infrastructure development planning and programming. For this purpose, it
shall have the following functions:

(a) Advise the Secretary on all matters relating to infrastructure planning;

(b)Assist the Undersecretary for Global and Holistic Planning on all
matters related to the specific functions of his position detailed in
Section 8;

(c) Formulate strategies and priorities for infrastructure development
consistent with national development objectives and initiate or
undertake relevant surveys for development planning;

(d)Formulate long-range, medium-term, and annual development plans
and programs for infrastructure, including flood control, water resource
development systems, and other public works projects, including
phasing of implementation and review and integrate land use plans with
these water development plans;

(e) Identify priority packages for infrastructure development, including
flood control, water resource development systems, and other public
works projects, and undertake or supervise and evaluate the conduct of

feasibility studies and project preparation thereof;


21

22

23

24

25

(£) Prioritize project implementation and the allocation of funds and other
resources and package project proposals for funding and
implementation;

(g)Evaluate and appraise all regional interregional infrastructure
development plans and programs as to their feasibility and consistency
with approved strategies and long and medium-term plans;

(h)Initiate regular Department-wide planning exercises and act as the
secretariat thereof;

(i) Gather, analyze, and organize needed statistical data and information;

(j) Provide technical assistance related to its functions to the other
Services, Bureaus, and the Regional Offices as needed; and

(k)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 14. Comptrollership and Financial Management Service.

~— The Comptrollership and Financial Management Service is hereby created
to provide the Department with coordinated services relating to financial
systems and procedures, budget, cash, accounting, and all financial
housekeeping matters. For such purposes, it shall have the following
functions:

(a) Advise the Secretary on all matters relating to the accounting of
government expenditures and receipts, budgeting and cash
management, project finances, and financial systems and procedures;

(b)Prepare budget proposals and pursue formal budget authorizations,
undertake budget execution, and prepare and submit all appropriate

reports to the proper offices;


20

21

22

23

24

(c) Develop and maintain accounting, financial, and assets management
systems, procedures, and practices in the Department Proper, Bureaus,
and Regional Offices;

(d)Provide assistance in its area of specialization to any unit of the
Department and, when requested, to government corporations and
councils attached to the Department; and

(e)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 15. Legal Service. — The Legal Service is hereby created

to provide the Department with services on such legal affairs as contract
letting and litigation, legal and legislative research, complaints and
investigation, legal counseling, and other matters of law. For such purposes,
it shall have the following functions:

(a) Advise the Secretary on all matters relating to legal affairs;

(b)Prepare Department contracts and legal instruments, review and
interpret all contracts and agreements entered into by the Department,
and evaluate all legal proposals;

(c)Conduct administrative investigation as well as the review of
administrative charges against officers and employees of the
Department;

(d)Exercise functional jurisdiction over the legal staffs of Regional
Offices;

(e) Provide legal assistance to the Department Proper, the Bureaus, and

Regional Offices and, when requested, the attached corporations; and


3

20

21

22

23

24

25

(f) Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 16. Administrative Service. —The Administrative Service

is hereby created to provide the Department with services relating to human

resources development, personnel, records, facilities maintenance, medical
and dental, security, and property and procurement services. For such
purposes, it shall have the following functions:

(a) Advise the Secretary on all matters relating to internal administration
and human resources management;

(b)Prepare and implement an integrated personnel plan that shall include
provisions on merit promotions, performance evaluation, job rotation,
suggestions and incentive awards systems, and health and welfare
services;

(c) Provide services related to human resources training, education, and
development, including manpower, career planning and forecasting,
and development of indigenous training materials;

(d)Develop, establish, and maintain an efficient and cost-effective
property procurement system and facilities and coordinate or otherwise
interface with relevant agencies, whether government or private, for the
purpose of developing or upgrading the system;

(e)Secure and maintain necessary Department facilities, and develop,
establish, and maintain an efficient and effective security system
covering, among others, personnel, physical installations, equipment,
documents, and materials, including the conduct of security

investigations;


(f) Coordinate with the appropriate government agencies for a more
efficient conduct of administrative processes;

(g) Develop, establish, and maintain an efficient records system;

(h)Provide assistance in its area of specialization to the Department
Proper, Bureaus, and Regional Offices and, when requested, the
government agencies and corporations attached to the Department; and,

(i) Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 17. Bureau Head. — Each Bureau shall be headed by a

Bureau Director who shall be responsible for efficiently and effectively
carrying out the functions of the Bureau concerned.

SECTION. 18. Bureau of Research and Standards. — The Bureau of
Research and Standards is hereby created to develop and set effective
standards and reasonable guidelines to ensure the safety of all infrastructure
facilities in the country and to assure efficiency and proper quality in the
construction of government public works. In pursuit of this task, the Bureau
shall engage in research and development on all major areas pertinent to
infrastructure development. For such purposes, it shall have the following
functions:

(a) Study, on a continuing basis, and formulate and recommend guidelines,
standards, criteria, and systems for the survey and design, construction,
rehabilitation, maintenance, and improvement of all public works;

(b) Conduct or sponsor research on construction materials and formulate
and recommend policies, standards, and guidelines on materials and

quality control;


20

21

2

23

24

25

(c) Undertake or cause to be undertaken specialized technical studies to

advance the in-house technology of the Department and secure the most
complete information for project development and implementation
purposes;

(d)Oversee the development and continuous updating of water resource
management, computerized decision support systems that incorporates
data management system (acquisition and database), model base
(physical, design, planning and decision models), and user-friendly
interface (graphical and visualization tools);

(e)Handle infrastructure and program development including planning,
assessment, and value-engineering studies of water infrastructure
(structural) projects and program (non-structural) developments as well
as the strategic development of water facilities and operations which
shall cover special studies and development of operating strategies,
procedures, and protocols and accompanying computerized decision
tools for normal and emergency operations of major water facilities;

(f) Formulate technical training programs for Department technical
personnel, including the identification of appropriate local and foreign
training programs, and recommend the selection of Department
personnel for such programs;

(g)Review and study for the purpose of recognizing new technologies,
especially those utilizing indigenous resources, current national
infrastructure development standards and procedures, and make
appropriate recommendations thereon;

(h) Promote, publish, and disseminate technical publications;


20

21

22

23

24

25

(i) Provide technical assistance to the Department Proper, other Bureaus,
Regional Offices, and other agencies on matters within its competence;

() Cooperate or coordinate with other established research, development,
and engineering centers in areas of common or national interest; and

(k)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 19. Bureau of Design. — The Bureau of Design is hereby

created to ascertain that all government infrastructure project implementation
plans and designs are consistent with current standards and guidelines. For
this purpose, it shall have the following duties and responsibilities:

(a) Conduct or initiate, supervise, and/or review the results of field surveys
for flood control, water resource development systems, and other public
works projects, including aerial, hydrologic, hydrographic,
topographic, geotechnical and other investigations;

(b)Conduct or initiate, supervise, and/or review the preparation of
schemes, designs, specifications, and estimates and tender and contract
documents covering the architectural, structural, mechanical, electrical,
and other technical design aspects of flood control, water resource
development systems, and other projects of the Department or of other
departments upon request or agreement and in accordance with current
standards and guidelines;

(c) Provide technical assistance in the selection of firms or entities that
shall undertake actual construction of public works projects via
participation in the technical evaluation aspect of the bidding/awards

process; and,


20

21

22

23

24

(d)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 20. Bureau of Construction. — The Bureau of Construction

is hereby created to provide technical services on construction works for
infrastructure projects and facilities. For this purpose, it shall have the
following duties and responsibilities:

(a) Formulate policies relating to construction management and contract
administration;

(b)Review and evaluate construction programs and estimates and tender
and contract documents;

(c)Inspect, check, and monitor construction and works supervision

activities of field implementing offices for the purpose of ensuring that

such activities are being conducted in accordance with the current
standards and guidelines of the Department;
(d)Provide specialist support to implementing field offices on construction

management and contract administration; and

(e)Perform, such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 21. Bureau of Maintenance. —The Bureau of Maintenance

is hereby created to provide technical services on the maintenance and repair

of infrastructure projects and facilities. For this purpose, it shall have the
following duties and responsibilities:

(a) Formulate policies relating to maintenance of infrastructure projects

and facilities;


v

20

21

22

23

24

(b) Review and evaluate maintenance programs, estimates, and tender and

contract documents;

(c) Inspect, check, and monitor maintenance activities of implementing
field offices for the purpose of ensuring that such activities are being
conducted in accordance with the current standards and policies of the
Department;

(d)Provide specialist support to implementing field offices on the
maintenance of infrastructure projects and facilities; and

(e) Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 22. Bureau of Equipment. — The Bureau of Equipment is

hereby created to provide technical services on the management of
construction and maintenance equipment and ancillary facilities. For this
purpose, it shall have the following duties and responsibilities:

(a) Formulate policies relating to the management of infrastructure
equipment and ancillary facilities;

(b)Review and evaluate programs, estimates, and tender and contract
documents for equipment;

(c) Inspect, check, and monitor the management of equipment by regional
equipment services and area shops for the purpose of ensuring that such
activities are being conducted in accordance with the current standards
and policies of the Department;

(d)Provide specialist support to implementing field offices on equipment

management;


20

21

22

23

24

(e)Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 23. Regional Office. — Regional Offices shall be

responsible for flood control, water resource development systems, and other
public works within the region. For this purpose, their duties and
responsibilities shall be as follows:

(a) Undertake and evaluate the planning, design, construction, and works
supervision functions of the Department for the abovementioned
infrastructure within the region;

(b)Undertake the maintenance of the abovementioned infrastructure
within the region and supervise the maintenance of such local
infrastructure receiving national government financial assistance as the
Secretary may determine;

(c)Ensure the implementation of laws, policies, programs, rules, and
regulations regarding the abovementioned infrastructure as wells as all
public and private physical structures;

(d) Provide technical assistance related to their functions to other agencies
within the region especially the local government;

(e)Coordinate with other departments, agencies, institutions, and
organizations, especially local government units within the region, in
the planning and implementation of infrastructure projects;

(f) Conduct continuing consultations with the local communities, take
appropriate measures to make the services of the Department

responsive to the needs of the general public, compile and submit such


20

21

22

23

24

information to the central office, and recommend such appropriate
actions as may be necessary; and
(g)Perform such other related duties and responsibilities as may be

assigned or delegated by the Secretary or as may be required by law.

The Department shall retain and have such Project Management
Offices as may be required, which shall be under the supervision and control
of the appropriate Regional Director, unless otherwise determined by the
Secretary for reasons of supra-regional scope, magnitude, and multi-
functional coverage.

SECTION. 24. Regional Director. — The Regional Office shall be
headed by a Regional Director who shall be responsible for efficiently and
effectively carrying out the duties and responsibilities of the Regional Office.
Towards this end he shall, within his defined powers, exercise functional and
administrative supervision over District Offices within the region including
the authority to commit their resources and personnel to integrated regional
water management and flood control and flood risk management initiatives.
He shall also perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.

The Regional Director shall be assisted by two (2) Assistant Regional
Directors who shall exercise supervision respectively over (1) the
construction, maintenance, and works supervision functions in the region, and
(2) the planning, project design, evaluation, and technical assistance functions

of the Regional Office.


wo

20

21

2

23

24

a

SECTION. 25. District Office. — There shall be a District Office in

each of the provinces and cities throughout the country to be headed by a
District Engineer appointed by the Secretary. A province or city may,
however, be divided into two (2) or more engineering districts, upon
determination and issuance of an administrative order by the Secretary. The
District Office shall be responsible for all flood control, water resource
development systems, and other public works within the district. For this
purpose, it shall have the following duties and responsibilities:

(a) Undertake and evaluate the planning, design, construction, and works
supervision functions of the Department for the abovementioned
infrastructure in the district;

(b) Undertake the maintenance of the abovementioned infrastructure
within the district and supervise the maintenance of local infrastructure
receiving national government financial assistance as the Secretary may
determine;

(c)Coordinate with other departments, agencies, institutions, and
organizations, especially local government units within the district in
the planning and implementation of infrastructure projects;

(d)Provide technical assistance to other agencies at the local level on
public works planning, design, construction, maintenance, and other
engineering matters including securing assistance from the Regional
Office or, through the same Office, assistance from the Department
Proper or Bureaus;

(e)Conduct continuing consultations with local communities, take

appropriate measures to make the services of the Department


20

21

22

23

24

25

responsive to the needs of the general public, compile and submit such
information to the Regional Office, and recommend such appropriate
actions as may be necessary; and

(f) Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.
SECTION. 26. District Engineer. — The District Engineer of or within

a province or city shall be accountable for the efficient and effective conduct
of the duties and responsibilities of the District Office of which he is the head.
Within his defined powers, he shall exercise functional and administrative
supervision over district operations including the authority to recommend that
field resources and personnel be committed to integrated district-wide
development thrusts. He shall also perform such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as may be
required by law.
CHAPTER IIL
TRANSITORY PROVISIONS

SECTION. 27. Interface with Other Sector Regulators. —

(a) The Department of Environment and Natural Resources (DENR) shall
continue to have the primary authority and responsibility for protecting
the environment and for the conservation of water and related natural
resources, including protecting water bodies from waste and pollution,
and shall promulgate rules, regulations, and standards in this regard.
The Department shall coordinate with the DENR with respect to the
conservation of water resources, protection from sewage and septage

waste, and restoration from environmental damage.


20

21

22

23

24

25

(b)The Department of Health (DOH) shall have primary authority and

responsibility for determining and enforcing drinking water quality and
sanitation standards. The Department shall coordinate with the DOH to
achieve an integrated approach for sanitation, including toilets,
collection, treatment, and evaluation of wastewater.

(c) The Department shall subsume responsibility from the Department of
Public Works and Highways for wholly or primarily water-related
public works projects including flood control, water resources
development, sewerage, sanitation, and the harnessing and impounding
of water. The Secretaries of each department shall coordinate on the
development of evaluation criteria, as necessary, to determine proper
allocation of public works projects between the two departments.

(d) The Department shall coordinate with the Department of Agriculture to
ensure agricultural development that reduces sources of long term
pollution for surface water and groundwater, and agricultural and
industrial economic development through water recycling and treating
wastewater.

(e)The Department shall closely coordinate with the WRC to ensure
harmonious standards, knowledge sharing, and effective and efficient
allocation of personnel and resources for the achievement of any similar
or overlapping objectives. Nothing in this Act shall be read to detract
from the powers and duties of the WRC.

SECTION. 28. Transfer of Rights and Obligations. — The Department
shall, by virtue of this Act, be subrogated to all the rights, and assume all the

obligations of the relevant parts of any government agency or unit whose


Nv

20

21

22

23

24

powers and functions have been transferred to the Department, including the
Department of Public Works and Highways and the Metro Manila
Development Authority.

The transfer of powers and functions in Section 27 above, as applicable,
and agencies attached thereto, as herein provided for, shall take effect within
one hundred eighty (180) days after the effectivity of this Act. The foregoing
transfer of powers and functions shall include all applicable funds, personnel,
records, property, and equipment, as may be necessary. All offices shall
continue to function under their present mandates until transition is effected
as provided for under this Act.

All rights and obligations of said government agencies are hereby
transferred to and assumed by the Department and shall be acted upon in
accordance with the rules and regulations of the Commission on Audit and
other pertinent laws, rules, and regulations.

SECTION. 29. Separation from Service. — Employees separated from
government service as a result of this Act shall be entitled to the benefits that
they may receive under existing laws, rules, and regulations.

SECTION. 30. Funding. — The sum of Five Billion Pesos
(P5,000,000,000.00) Pesos shall be set aside from any available funds of the
National Treasury, and is hereby appropriated and authorized to be released,
for the organization of the Department and its initial operations.

Thereafter, funds sufficient to fully carry out the objectives, powers,
and functions of the Department shall be appropriated every fiscal years in the

General Appropriations Act.


20

21

22

The Department shall submit its annual budget, which shall include,

among others, detailed information on the compensation and benefits received
by their employees, to the Office of the President for approval.

SECTION. 31. Periodic Performance Evaluation. — The Department
is hereby required to formulate and enforce a system of measuring and
evaluating periodically and objectively the performance of the Department
and submit the same annually to the President.

SECTION. 32. Prohibition Against Change. — No change in the
organizational structure herein prescribed shall be valid except upon prior
approval of the President for the purpose of promoting efficiency and
effectiveness in the delivery of public services.

SECTION. 33. Separability Clause. — In the event that any provision
of this Act is declared unconstitutional, invalid, or illegal, the
constitutionality, validity, or legality of the remainder of the provisions of this
Act shall not be affected thereby.

SECTION. 34. Repealing Clause. — All laws, presidential decrees,
letters of instructions, executive orders, rules, regulations, and other issuances
or parts thereof which are contrary to or inconsistent with the provisions of
this Act are hereby revoked, repealed, amended or modified accordingly.

SECTION. 35. Effectivity. — This Act shall take effect fifteen (15) days
following the completion of its publication in two (2) newspapers of general
circulation.

Approved.