Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

0193

House Bill No.

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

EXPLANATORY NOTE

In 2015, the World Resources Institute issued a warning that the
Philippines is vulnerable to severe water shortage in the coming years because
of the combined impact of its rapid population growth and the effects of
climate change. The water shortage is further aggravated by the fragmented
and overlapping functions of water agencies in the country. The enactment of
a feasible long-term solution for the protection of water is necessary to combat
this threat.

This bill seeks to rationalize the management of water resources,
sewage, and sanitation through the creation of the Department of Water
Resources and Services. It shall set the policy for the preservation of water
resources in the country, regulate its supply to ensure optimal use and devise
ways and means for the long-term safety, protection and preservation of this
very important natural resource. It will likewise manage sanitation and the
services for the sewerages or drainage. It is also responsible for the building,
maintaining and monitoring of water-related infrastructure to ensure quality,
accessible and potable water; promoting and pushing for the adoption of
acceptable international policies and best practices in water management to
achieve universal access to safe water and sanitation.

A study by the World Water Organization shows that water supply in
the Philippines is diminishing. The availability of affordable and safe drinking
water and a working sanitation system is a basic necessity for all Filipinos
which must be addressed. The lack of a holistic program for water resources
management creates a perennial problem that seriously affects the lives of our
citizens in terms of health, sanitation, food security and livelihood, which are
indispensable for social and economic development.

To ensure Filipinos the.benefit of this fundamental human right, the
immediate approval of this bill is earnestly sought.

REP. LITA B. SU:

IG REP. HORACI*F. SUANSING, JR.
1st District, Nueva Ecija

24 District, Sultan Kudarat


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Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

House pi no. 2193

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES AND SERVICES
AND APPROPRIATING FUNDS THEREFOR

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 and Rationalization Act.”

SEC. 2. Declaration of Policy. - The State shall promote and protect the
right of the people to safe, clean and affordable water as a basic human right.
Further, the State recognizes that safe, clean and affordable drinking water
and proper sanitation are essential to the full enjoyment by the people of life
and the protection and sustainability of the environment. Towards this end,
the State shall ensure that people have access to safe, clean and affordable
drinking water and proper sanitation services and facilities.

In pursuit of this policy, the objectives of this Act are as follows:

a) Establish the basic principles and framework relating to the
appropriation, control and conservation of water resources to achieve their
optimum development and national utilization;

b) Implement programs for the attainment of universal access to
safe, adequate, affordable, and sustainable water supply and sanitation
services for all Filipinos, and adopt all necessary measures directed towards
this end;

©) Promote international participation in the education and sharing
of information to achieve universal access to water and sanitation, and the
integration of water, energy, environment, and food security;

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4) 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 domestic and
municipal use, irrigation, power generation, farming, fisheries, commercial
and industrial use;

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

f) Secure and regulate all public works in order to obtain 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; and

2) Ensure the effective implementation of Republic Act No. 9275
otherwise known as the “Philippine Clean Water Act of 2004.”

CHAPTER II
ORGANIZATION

SEC. 3. Department of Water Resources and Services. - There is hereby
established a Department of Water Resources and Services, hereinafter
referred to as the Department, to manage, control and protect water resources
for domestic purposes, sanitation, irrigation, hydropower, fisheries,
aquaculture, flood control, recreation, and for the enhancement and
maintenance of water quality.

The following agencies or corporate entities are hereby transferred to
the Department from the authority of their current mother agencies or offices:

a) The National Water Resources Board (NWRB), which is currently
under the Department of Environment and Natural Resources (DENR);

b) The Local Water Utilities Administration, which is currently
under the Office of the President;

©) The National Irrigation Administration, which is currently under
the Office of the President; and

4) Allother government agencies or offices that supervise/ manage
inland water bodies such as the Laguna Lake Development Authority and the
Pasig River Rehabilitation Commission, among others.

Likewise, the Department shall be responsible for the enforcement
functions of Republic Act No. 9275, otherwise known as the Philippine Clean
Water Act of 2004, as well as all the other water management functions of the

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Environmental Management Bureau of the DENR.

The Department shall be organized within one hundred eighty (180)
days after the approval of this Act.

SEC. 4. Powers and Duties of the Department. - The Department shall
exercise the following powers and duties:

a) Formulate and develop policies to promote universal access to
safe, adequate, affordable and sustainable water supply, and sanitation
services;

b) Manage and protect the 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;

©) Manage the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources;

d) Formulate and enforce rules and regulations in the
administration and management of the water resources and implement rules
and guidelines for the enforcement of the laws on water;

) Coordinate with relevant entities to provide policy directions,
strategies and targets to meet the goals and objectives of water supply, and
sanitation management by integrating the issues of safe water and sanitation;

f) Conduct continuing surveys and studies of 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 masterplans for water resources management and
development;

2) 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 region;

h) Classify water quality standards for surface and ground water,
including establishing national standards for drinking water and wastewater;

i) Effect inter-sectoral, inter-agency, and inter-departmental
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planning, data gathering, research and developmental studies on safe water
and sanitation and compel submissions of statistic and data on water
management with the aim of operationalizing the integrated approach to
water resources management;

Dd Regulate and control the utilization, exploitation, abstraction,
diversion and development of water resources, taking into consideration its
equitable distribution, and determine the standards of beneficial and priority
uses of water in times of crisis and national emergencies;

k) 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 short-term and long-term strategic development
plans and actions;

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

m) — Study all plans, programs, or development projects, that affect
water resources, its diversion or abstraction, and the construction of
hydraulic facilities, including 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;

n) 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;

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

p) 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. No zoning and land use plan shall become
effective and enforceable unless and until a certification of integration of
water, and sanitation resource management plan has been issued by the
Department;

q Provide technical assistance to water, sewer and sanitation users,

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including farmers and LGUs, whether directly or in coordination with other
agencies, to assist them in applying for water permits and providing data on
water and sanitation resource usage;

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

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

t) Appoint, hire and maintain adequate staff and personnel,
advisers or consultants with suitable qualifications and experience, as maybe
necessary;

u) _ Exercise such other powers and functions necessary or incidental
or that which the President may assign to the Department to carry out the
objectives of this Act and for the effective administration and management
of water and sanitation;

SEC. 5. Department Secretary, Powers and Functions. - 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, hereinafter referred to as the Secretary, who shall be
appointed by the President of the Philippines.

‘The Secretary shall exercise the following powers and functions:

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; and

c)  Promulgate rules and regulations necessary to carry out the
objectives, policies and functions of the Department.

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

SEC. 6. Office of the Secretary. —- The Office of the Secretary shall be
composed of the Secretary and immediate staff.


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SEC. 7. Undersecretaries. - The Secretary shall be assisted by not more
than three (3) Undersecretaries, 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 with respect to the mandate and objectives of the
Department.

Within the 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 assigned units for
which the Undersecretary is responsible to the Secretary; and

©) 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 this Act or other
laws.

‘The Undersecretaries must possess a working knowledge of public
administration and must have a minimum of seven (7) years of experience in
the administration of water or sanitation programs, preferably in a public
agency or with legal or financial knowledge of such programs.

‘The Undersecretaries shall exercise the powers and functions as
provided under Section 10, Chapter 2, Book IV of the Administrative Code of
1987.

SEC. 8, Assistant Secretaries. - The Secretary shall also be assisted by five
(6) Assistant Secretaries appointed by the President of the Philippines upon
the recommendation of the Secretary: one (1) for the Monitoring and
Information Service; one (1) for the Planning Service; one (1) for the
Comptrollership and Financial Management Service; one (1) for the Legal
Service; and one (1) for the Administrative and Manpower Management
Service.

‘The Assistant Secretaries must possess a working knowledge of public

administration and must have a minimum of five (5) years of experience in
the administration of water or sanitation programs, or other public works
programs.

The Assistant Secretaries shall perform such duties and functions as
may be assigned by the Secretary or provided for by law.

SEC. 9. Organizational Structure. — ‘The Department shall be composed of

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the following organizational units:

2) Department proper consisting of the Office of the Secretary, the
Offices of the Undersecretaries and Assistant Secretaries, the Administrative
and Human Resource Management Service, Monitoring and Information
Service, Planning Service, Comptrollership and Financial Management
Service and Legal Service;

b) The National Water Resources Board, whose mandate, powers
and functions are found in Presidential Decree No. 424, as amended;

©) The Local Water Utilities Administration, whose mandate, powers
and functions are defined in Presidential Decree No. 198, as amended;

d) The National Irrigation Administration, whose mandate, power
and functions are stated in Republic Act No. 3601, as amended and
Presidential Decree No. 552, as amended;

e) The Water Management Bureau, which is tasked to enforce and
implement Republic Act No. 9275 and all environmental laws related to water
management and conservation; and

) Regional offices, as deemed appropriate and necessary by the
Secretary.

SEC. 10. Administrative and Manpower Management Service. — The
Administrative and Manpower Management Service of the Department is
responsible for providing 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
includes provisions on merit promotions, performance evaluation, job
rotation, suggestions and incentive awards systems, and health and welfare
services;

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

4) — 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,


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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.

SEC. 11. Monitoring and Information Service. - The Monitoring and
Information Service is responsible for providing 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;

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

4) 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;

fh Produce and supervise the dissemination of media materials in
line with national government public information programs;

2) 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.

SEC. 12. Planning Service. - The Planning Service is responsible for
providing 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

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planning;

b) Assist the Undersecretaries on all matters related to the specific
functions of the position;

©) Formulate strategies and oppriorities for infrastructure
development consistent with national development objectives and initiate or
undertake relevant surveys for development planning;

4) 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;

) 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;

f) 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.

SEC. 13. Comptrollership and Financial Management Service. - The
Comptrollership and Financial Management Service is responsible for
providing 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;

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©) Develop and maintain accounting, financial and assets
management systems, procedures and practices in the Department proper,
bureaus, and regional offices;

4) 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) 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;

fp Perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.

SEC. 14. Legal Service. - The Legal Service is responsible for providing 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;

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

4) Exercise functional jurisdiction over the legal staffs of regional
offices;

©) Provide legal assistance to the Department proper, the bureaus,
and regional offices and, when requested, the attached corporations; 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.

SEC. 15. Regional Office. — Regional offices shall be responsible for flood
control, water resource development systems and other public works within
their regional jurisdiction. 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 infrastructure projects
within the region;

b) Undertake the maintenance of the 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

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regulations regarding the infrastructure as well 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;

©) 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 information to
the central office, and recommend such appropriate actions as may be
necessary; and

) 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.

SEC. 16. 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, the regional director shall, within the 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. The regional director 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 one (1) assistant regional
director who shall exercise supervision the planning, project design,
evaluation and technical assistance functions of the regional office.

CHAPTER III
TRANSITORY PROVISIONS
SEC. 17. 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 shall complement the Department's responsibility for

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the conservation of water and related natural resources, including protecting
water bodies from waste and pollution. It shall continue to promulgate rules,
regulations, and standards in this regard. The Department shall coordinate
with the DENR with respect to the conservation of water resources.

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 collection, treatment,
and evaluation of wastewater.

c) The Department shall share responsibility with 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 irrigation, water recycling and
treating wastewater.

SEC. 18. 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
powers and functions have been transferred to the Department.

‘The transfer of powers and functions as indicated in the preceding
paragraph, 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.

SEC. 19. Separation from Service. — Employees separated from government
service as a result of this Act shall, within six (6) months from their separation
from the service, receive the benefits to which they may be entitled under
existing laws, rules, and regulations.

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SEC. 20. Funding. - The sum of One hundred million pesos
(P100,000,000.00) 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 included in the annual General
Appropriations Act.

‘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.

SEC. 21. 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.

SEC. 22. Prohibition Against Organizational 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.

SEC. 23. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected
shall remain in full force and effect.

SEC. 24. 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.

Accordingly, sub-sections 4(i) and 4(ee) of Republic Act No. 9275,
entitled “Philippine Clean Water Act of 2004,” Section 1 of Executive Order No.
860, entitled “Redefining the Composition and Powers of the National Water
Resources Board,” Series of 2010, Section 49 of Presidential Decree No. 198,
entitled “Declaring a National Policy Favoring Local Operation and Control of
Water Systems; Authorizing the Formation of Local Water Districts and
Providing for the Government and Administration of such Districts; Chartering
a National Administration to Facilitate Improvement of Local Water Utilities;
Granting said Administration such Powers as are Necessary to Optimize Public
Service from Water Utility Operations, and For Other Purposes,” as amended,
and Executive Order No. 165, entitled “Transferring the National Food
Authority, National Irrigation Administration, Philippine Coconut Authority, and
Fertilizer and Pesticides Authority to the Office of the President,” Series of 2014,

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1 are hereby amended or modified accordingly to be consistent with this Act.

2 SEC. 25. Effectivity. - This Act shall take effect fifteen (15) days after its
3. publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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