Republic of the Philippines
HOUSE OF THE REPRESENTAIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ~*~ 1358

Introduced by
REPRESENTATIVE BERNADETTE HERRERA-DY

EXPLANATORY NOTE

The Philippines is a water rich country, yet despite an overflowing capital,
many Filipinos experience deprivation from affordable, safe drinking water and a
working sanitation system. This perennial problem has seriously affected the lives
of our citizens in terms of health, sanitation, food security, and livelihood, in addition
to negatively impacting the environment.

As noted at the 6'" World Water Forum,’ the lack of sufficient, safe,
acceptable, accessible, affordable drinking water and sanitation is not a problem
unique to the Philippines, but it is incumbent on each country to push for strong
standards within its government and to contribute to global governance on the
issues of water and sanitation.

The Philippines is lacking a strong liquid in-liquid out system, meaning that
even if households are serviced with clean drinking water, a minute number receive
adequate sanitation and sewerage services, leading to severe cases of
leptospirosis, dengue, typhoid, and related tropical and water-borne illnesses. This
year alone there has been a 16% increase in cases of dengue fever over the same
period last year. Moreover, 31% of illnesses in the country are water-related.

The Water Resources Management Act of 2012 seeks to rationalize the
resource management of water, sewage, and sanitation through the creation of the
Department of Water, Sewage, and Sanitation (“Department”). Among its functions,
the Department shall (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/or monitor
water-related infrastructure to ensure quality and accessibility; and (4) contribute to
international dialogue around, and push for domestic adoption of, policies to achieve
universal access to water and sanitation.

' Held at Marseille, France. See http://www.worldwaterforum6.org/en/


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, so much so that
189 states recognized the Right to Water and Sanitation at the United Nations in
2011, according to the World Water Forum. In step with the international
movement, through this bill the Philippines is declaring a primary political priority the
universal access to water and sanitation and sustainable management of water
resources, forming an indispensible basis for social and economic improvement and
basic health and prosperity. The Philippines is also committing to meeting and
exceeding the Millennium Development Goals for water and sanitation. To ensure
Filipinos the benefit of this most fundamental human right, the urgent approval of
this bill is earnestly sought.

BERI JETTE HERRERA-DY

2 See About page, 6% World Water Forum, http://www.worldwaterforum6.org/en/the-forum/about/


Republic of the Philippines
HOUSE OF THE REPRESENTAIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 1358

Introduced by
REPRESENTATIVE BERNADETTE HERRERA-DY

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 in the Senate and House of Representatives of the Philippines
in the Congress assembled:

CHAPTER 1 - GENERAL PROVISIONS

SEC.1. Short Title. - This Act shall be known as the “Water Resources
Management Act of 2012”.

SEC. 2. Declaration of National Policy. — \t 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 the pursuit of this Policy, this Act shall have the following objectives:

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;

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.

SEC. 3. Definition of Terms. — As used under this Act, the following words

or terms shall have the following meanings:

a) "Department" shall mean the Department of Water, Sewage, and Sanitation.

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” as used under this Act refers only to sewage, sanitation, and
septage management.

e) "Sewerage" shall refer 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.

>

“Sewage” shall refer 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.

g) “Septage” shall refer to sludge produced on individual onsite wastewater
disposal systems, principally septic tanks and cesspools.


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h) “WRC” shall mean the Water Regulatory Commission® or to any present or
future water regulatory body with quasi-judicial powers and tasked to provide
economic and administrative regulation of water utilities.

The terms “infrastructure” and “public works” as used in this Act should be read to
apply only to wholly or primarily water-related projects and shall not be read to
incorporate projects which would not otherwise fall within the purview of the
objectives, power, and duties of the Department.

CHAPTER 2 - ORGANIZATION

SEC. 4. The Department of Water, Sewage, and Sanitation. — There is
hereby created and established the Department of Water, Sewage, and Sanitation,
hereinafter referred to as the “Department”, which shall be organized within one
hundred twenty (120) days after the effectivity of this Act. The Department shall be
tasked with developing and implementing a comprehensive water, sewage, and
sanitation program for the Philippines including, but not limited to: (a)
implementing necessary policy and resource reforms with respect to the
management of water, sewage, and sanitation; (b) monitoring and evaluating
compliance with the Social Contract of the President and the Millennium
Development Goals as they relate to water, sewage, and sanitation; (c)
formulating a national updated road map to address the water, sewage, and
sanitation requirements of the State; and (d) improving conservation of water and
increasing system efficiencies.

SEC. 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;

°)

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;

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

e)

> Pending under HB 4137, “The Water Regulatory Act of 201_,” co-authored by Rep. Bernadette Herrera-Dy
and Rep. Sonny Angara and certified as a priority measure by President Benigno S. Aquino III.


to determine the annual renewable water available per water region;

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

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 masterplans for water resources management
and development;

g

hy)

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
tisk management, formulate integrated water resources management
(IWRM) policies and plans, and coordinate the implementation, promotion,
revision, and enhancement of IWRM 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 consideration its equitable
distribution, and determine the standards of beneficial and priority uses of
water in times of crisis and national emergencies;

|) Assist and provide the National Economic 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;


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0) 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;

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; 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;

q)

1) 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;

Plan, design, construct, and maintain infrastructure facilities, flood control,
and water resource development systems and provide 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;

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;

y)

2)

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

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;

ee)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

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

SEC. 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:


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;

°)

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

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
experience in the administration of water, sewage, or sanitation programs,
preferably in a public agency.

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

SEC. 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.

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
experience in the administration of water, sewage, or sanitation programs,
preferably in a public agency or with legal or financial knowledge of such
programs.

SEC. 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
experience in the administration of water, sewage, or sanitation programs, or
other public works programs.

SEC. 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.

SEC. 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;

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.

SEC. 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;

°)

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;

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;

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

g

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. 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;

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. 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;

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.

SEC. 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;

°)

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

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. 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;

2

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;



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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.

SEC. 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.

SEC. 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;

°)

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;

dq)

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;

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;

g

h

Promote, publish, and disseminate technical publications;

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

j) 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.

SEC, 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;

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/award process; and

°)

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

SEC. 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:


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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

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

SEC. 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;

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

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

SEC. 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;

©) 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;

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

SEC. 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;

°)

Ensure the implementation of laws, policies, programs, rules, and
regulations regarding the abovementioned 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;

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

9) 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. 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.

SEC. 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;

4) 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 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.

SEC. 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 3 - TRANSITORY PROVISIONS


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SEC. 27. Interface with Other Sector Regulators. —

1) The Department of Environment and Natural Resources 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
Department of Environment and Natural Resources with respect to conservation
of water resources, protection from sewage and septage waste, and restoration
from environmental damage.

2)

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

3)

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.

4) 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.

5)

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.

SEC. 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 agencies and
units whose 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.


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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. 29. Separation form 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.

SEC. 30. Funding. —
The sum of Three Hundred Fifty Million Pesos (P_350,000,000.00) 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 appropriated every fiscal year in the 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. 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.

SEC. 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.

SEC. 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.

SEC. 34. Repealing Clause. —

All laws, presidential decrees, letters of instructions, executive orders,
administrative 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.

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

Approved,...


KE
S” RECEIVED ©

uM:

Republic of the Philippines
HOUSE OF THE REPRESENTAIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1358

Introduced by
REPRESENTATIVE BERNADETTE HERRERA-DY

EXPLANATORY NOTE

The Philippines is a water rich country, yet despite an overflowing capital,
many Filipinos experience deprivation from affordable, safe drinking water and a
working sanitation system. This perennial problem has seriously affected the lives
of our citizens in terms of health, sanitation, food security, and livelihood, in addition
to negatively impacting the environment.

As noted at the 6'" World Water Forum,’ the lack of sufficient, safe,
acceptable, accessible, affordable drinking water and sanitation is not a problem
unique to the Philippines, but it is incumbent on each country to push for strong
standards within its government and to contribute to global governance on the
issues of water and sanitation.

The Philippines is lacking a strong liquid in-liquid out system, meaning that
even if households are serviced with clean drinking water, a minute number receive
adequate sanitation and sewerage services, leading to severe cases of
leptospirosis, dengue, typhoid, and related tropical and water-borne illnesses. This
year alone there has been a 16% increase in cases of dengue fever over the same
period last year. Moreover, 31% of illnesses in the country are water-related.

The Water Resources Management Act of 2012 seeks to rationalize the
resource management of water, sewage, and sanitation through the creation of the
Department of Water, Sewage, and Sanitation (“Department”). Among its functions,
the Department shall (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/or monitor
water-related infrastructure to ensure quality and accessibility; and (4) contribute to
international dialogue around, and push for domestic adoption of, policies to achieve
universal access to water and sanitation.

| Held at Marseille, France. See http://www.worldwaterforum6.org/en/

* areO3 JUL 2019 ©


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, so much so that
189 states recognized the Right to Water and Sanitation at the United Nations in
2011, according to the World Water Forum In step with the international
movement, through this bill the Philippines is declaring a primary political priority the
universal access to water and sanitation and sustainable management of water
resources, forming an indispensible basis for social and economic improvement and
basic health and prosperity. The Philippines is also committing to meeting and
exceeding the Millennium Development Goals for water and sanitation. To ensure
Filipinos the benefit of this most fundamental human right, the urgent approval of
this bill is earnestly sought.

BERI ETTE HERRERA-DY

2 See About page, 6 World Water Forum, http://www.worldwaterforum6.org/en/the-forum/about/


Republic of the Philippines
HOUSE OF THE REPRESENTAIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1358

Introduced by
REPRESENTATIVE BERNADETTE HERRERA-DY

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 in the Senate and House of Representatives of the Philippines
in the Congress assembled:

CHAPTER 1 - GENERAL PROVISIONS

SEC. 1. Short Title. - This Act shall be known as the “Water Resources
Management Act of 2012”.

SEC. 2. Declaration of National 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 the pursuit of this Policy, this Act shall have the following objectives:

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;

°)

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.

SEC. 3. Definition of Terms. — As used under this Act, the following words

or terms shall have the following meanings:

a) "Department" shall mean the Department of Water, Sewage, and Sanitation.

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” as used under this Act refers only to sewage, sanitation, and
septage management.

e) "Sewerage" shall refer 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” shall refer 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.

g) “Septage” shall refer to sludge produced on individual onsite wastewater
disposal systems, principally septic tanks and cesspools.


h) “WRC” shall mean the Water Regulatory Commission? or to any present or
future water regulatory body with quasi-judicial powers and tasked to provide
economic and administrative regulation of water utilities.

The terms “infrastructure” and “public works” as used in this Act should be read to
apply only to wholly or primarily water-related projects and shall not be read to
incorporate projects which would not otherwise fall within the purview of the
objectives, power, and duties of the Department.

CHAPTER 2 - ORGANIZATION

SEC. 4. The Department of Water, Sewage, and Sanitation. — There is
hereby created and established the Department of Water, Sewage, and Sanitation,
hereinafter referred to as the “Department”, which shall be organized within one
hundred twenty (120) days after the effectivity of this Act. The Department shall be
tasked with developing and implementing a comprehensive water, sewage, and
sanitation program for the Philippines including, but not limited to: (a)
implementing necessary policy and resource reforms with respect to the
management of water, sewage, and sanitation; (b) monitoring and evaluating
compliance with the Social Contract of the President and the Millennium
Development Goals as they relate to water, sewage, and sanitation; (c)
formulating a national updated road map to address the water, sewage, and
sanitation requirements of the State; and (d) improving conservation of water and
increasing system efficiencies.

SEC. 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;

©)

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

> Pending under HB 4137, “The Water Regulatory Act of 201_,” co-authored by Rep. Bernadette Herrera-Dy
and Rep. Sonny Angara and certified as a priority measure by President Benigno S. Aquino III.


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to determine the annual renewable water available per water region;

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

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 masterplans for water resources management
and development;

g

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

|) Assist and provide the National Economic 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;


0) 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 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;

1) 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;

8)

Plan, design, construct, and maintain infrastructure facilities, flood control,
and water resource development systems and provide 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;


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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;

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;

y)

z)

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

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

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;

ee)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

hhh)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.

SEC. 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;

°)

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

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
experience in the administration of water, sewage, or sanitation programs,
preferably in a public agency.

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

SEC. 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.

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
experience in the administration of water, sewage, or sanitation programs,
preferably in a public agency or with legal or financial knowledge of such
programs.

SEC. 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
experience in the administration of water, sewage, or sanitation programs, or
other public works programs.

SEC. 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.

SEC. 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;

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.

SEC. 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;

°)

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

qd)

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;

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

g.
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. 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;

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

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;

g

hy

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. 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;

¢) 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.

SEC. 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:

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;

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

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. 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;

°)

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;


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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.

SEC. 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.

SEC. 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;

°)

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;

qd)

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;

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;

9)

hy

Promote, publish, and disseminate technical publications;

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

i) 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.

SEC. 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/award process; and

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

SEC. 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;

¢) 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.

SEC. 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;

b) Review and evaluate maintenance programs, estimates, and tender and
contract documents;

¢) 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

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

SEC. 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;

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

SEC. 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 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;

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 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.

9)

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. 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


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tisk 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.

SEC. 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;

°)

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 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.

SEC. 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 3 - TRANSITORY PROVISIONS.


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SEC. 27. Interface with Other Sector Regulators. —

1) The Department of Environment and Natural Resources 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
Department of Environment and Natural Resources with respect to conservation
of water resources, protection from sewage and septage waste, and restoration
from environmental damage.

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

3) 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.

4)

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.

5)

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.

SEC. 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 agencies and
units whose 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. Alll 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. 29. Separation form 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.

SEC. 30. Funding. -

The sum of Three Hundred Fifty Million Pesos (P_350,000,000.00) 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 appropriated every fiscal year in the 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. 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.

SEC. 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.

SEC. 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.

SEC. 34, Repealing Clause. -

All laws, presidential decrees, letters of instructions, executive orders,
administrative 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.

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

Approved,...