THIRTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
J;'; 
39 
8 *I;[: 
SENATE 
INTRODUCED BY HON. MANUEL B. VILLm, JR. 
EXPLANATORY NOTE 
Although cholera has ceased to be a widespread disease in the country, it has remained 
endemic in the Philippines. At the same time, diarrhea remains the third leading cause of infant 
mortality in the country. It is also the second leading cause of child morbidity. 
It is deplorable that the hundreds of deaths from cholera and diarrhea were caused by the 
lack of access to a safe supply of water. Based on Department of Health (DOH) figures, 11 
million Filipinos have no access to safe drinking water. A recent survey of the National Statistics 
Office revealed that over two million households in the country get their water supply from 
unsafe sources, such as rivers, streams, creeks and collected rainwater. In Western Mindanao, 
more than 200,000 households have been waiting for years for the government to help them gain 
access to safe water. 
To implement Sec. 9 of Republic Act (RA) 856, otherwise known as the Sanitation Code 
of the Philippines, the DOH issued the National Standards for Drinking Water. It was first 
promulgated in 1978 and was subsequently revised in 1993. The Philippine National Standards 
for Drinking Water (PNSD W) sets the requirements for the acceptable values of microbiological, 
physical, chemical and radiological composition of water. It serves as a guide for developers, 
operators of water supply systems, and health and sanitation authorities in maintaining the quality 
of drinking water. 
Despite the issuance of the PNSDW, however, water being supplied to the public does 
not consistently meet the acceptable standards of quality. A water quality evaluation done by the 
Metropolitan Waterworks and Sewerage System (MWSS) in 1994 showed that 35 per cent of the 
samples collected from the public deep-wells in Metro Manila were non-potable. The non- 
potability of the water was attributed to the poor maintenance of public wells and degradation of 
their physical surroundings. 
The 1993 report of the Local Water Utilities Administration (LWUA) on the water 
quality status of water districts showed that several water districts moreover, do not comply with 
the national standards for drinking water. Perceived, as a contributing factor to the "poor quality" 
of water supply is the lack of enforcement of the PNSDW and the absence of a monitoring 
mechanism to ensure water potability. 
To ensure safety, this bill mandates that water supplied to the public must meet the 
requirements established by the Philippine National Standards for Drinking Water. The Secretary 
of Health shall have the primary authority to enforce the PNSDW. The bill aims to compel water 
suppliers to comply with the national standards by providing a reasonable period for compliance 
and by meting out penalties of P3,000-P10,000 for the first offense, and P10,000-P20,000 or 
revocation of license for subsequent offenses. 


The Metro Manila Drinking Water Quality Committee was formed in 1993 to evaluate 
water quality in Metro Manila. It wascomposed of the MWSS Administrator, the Director of the 
Environmental Management Bureau, the Regional Director of the Department of Health (DOH)- 
NCR, and the Directors of the Environmental Health Service and the Bureau of Research and 
Laboratories of the DOH. The Committee has conducted regular surveillance of drinking water in 
Metro Manila and has provided corrective measures or technical advice during outbreaks of 
water-borne diseases. 
This bill seeks to replicate the Drinking Water Quality Committee in every province to 
ensure a system of monitoring the potability of drinking water nationwide. The committee shall 
be composed of representatives from the DOH as the lead agency, the local health board, the 
LWUA, the Department of Public Works 
and Highways (DPWH), the Department of 
Environment and Natural 
Resources 
(DENR), 
water 
suppliers, 
non-government 
organizations and consumer groups. Moreover, the bill also seeks to grant the President of the 
Republic of the Philippines emergency powers to take measures to protect public health and 
safety, upon 
receipt and confirmation of reports that a public water system or underground 
water source poses an imminent danger to public health, and that appropriate national and local 
authorities have failed to take remedial measures. 
The protection of water sources is a key factor in ensuring the safety of water supply. 
Hence, this bill also provides for the development of a management plan for critical aquifer 
protection areas and the protection of underground sources of water. 
Passage of this bill is earnestly sought to ensure the safety of our water supply for the 
health and welfare of our people. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
S. No. 
INTRODUCED 
BY HON. MANUEL B. VILLAR, JR. 
AN ACT PROMULGATING THE PHILIPPINE NATIONAL STANDARDS FOR 
DRINKING WATER, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 
1. Short Title. - This Act may be cited as the "Safe Drinking Water Act 
o f 20 04. I' 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to protect, 
conserve and develop its water resources. The establishment and maintenance of a 
comprehensive national regulatory system that will consider the quality of source waters, the 
protection afforded by water-shed management, treatment practices and other factors to ensure 
that drinking water is safe for human consumption shall be accorded importance as a national 
policy. 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms are defined 
as follows: 
a, "Aquifer" - areas where ground water exists in sufficient quantities to supply well's or 
springs. 
b. "Contaminant" - any physical, chemical, biological, or radiological substance not 
normally found in water that makes tkie water less desirable or unfit for human consumption. 
c. "Drinking Water" - water intended for direct human consumption or for use in food 
preparation. 
d. "Critical aquifer protection area'' - shall refer to all or part of an area for which an 
application or designation as a sole or principal source aquifer has been submitted and approved 
by the National Water Resources Board; 
e. "Ground Water'' - a major source of fresh water; it starts as rain, then soaks through the 
grounds surface and fills up the tiny spaces between rocks and soil. 


f. "Lead free" - (1) shall refer to solders and flux containing not more than 0.2 percent lead, 
and (2) shall refer to pipes and pipe fittings containing not more than 8.0 percent lead. 
g. "Level I (Point Source)" - a protected well or a developed spring with an outlet but 
without a distribution system, generally adaptable for rural areas where the houses are thinly 
scattered. A Level I facility normally serves around 15 to 25 households and its outreach must 
not be more than 250 meters from the farthest user. The yield or discharge is generally from 40 
to 140 liters per minute. 
h. "Level I1 (Communal Faucet System or Stand-posts)" - a system composed of a source, a 
reservoir, a piped distribution network and communal faucets, located at not more than 25 meters 
from the farthest house. The system is designed to deliver 40-80 liters of water per capita per 
day to an average of 100 households; with one faucet per 4 to 6 households. Generally suitable 
for rural and urban areas where houses are clustered densely to justify a simple piped system. 
i. "Level III (Waterworks System or Individual House Connections)" - a system with a 
source, a reservoir, a piped distribution network and household taps. It is generally suited for 
densely populated urban areas. This level of facility requires a minimum treatment of 
disinfection. 
j. "Public water system" - a system for the provision to the public of pipe or point source 
water facility for human consumption, if such system has at least fifteen service connections or 
regularly serves twenty-five individuals. 
The term includes: 
j. 1. Any collection, treatment, storage, and distribution facilities under the control of the 
operator of such system and used primarily in connection thereto; and 
j.2. Any collection of pre-treatment storage facilities not under the control of the operator 
of the system, which are used primarily in connection with such system. 
k. "Secretary" - shall refer to the Secretary of the Department of Health. 
1. "Water Quality" - the term is used to define the bacteriological, chemical, physical, 
biological, or radiological composition which evaluates the acceptability of the water. 
m. "Water Supplier" - an entity, government * or private, responsible for source 
development, water abstraction, treatment and distribution of water. 
ARTICLE 11 
PHILIPPINE NATIONAL STANDARDS FOR D€U"G 
WATER 
SEC. 4. Philippine National Standards for Drinking Water. - Drinking water supplied to 
the public must meet the requirements established by the Philippine National Standards for 
Drinking Water of the Department of Health, which sets the acceptable values for the 
microbiological, physical, chemical, and radiological composition of the water to ensure its 
safety and potability. The Philippine National Standards for Drinking Water shall cover water 
supply systems classified as Level I, Level 11 and Level III; bottled drinking water; and 
emergency supplies of drinking water. 
The selection of treatment processes to meet micro-biological and chemical requirements 
shall be made after careful detailed survey of the source, watershed and their distribution system 
in accordance with the treatment techniques and criteria prescribed by the Secretary and with the 
rules and regulations issued by the Department of Environment and Natural Resources on water 
usage and classification. 


The Secretary of Health shall have the primary authority to enforce the Philippine National 
Standards for Drinking Water. 
The Secretary shall continuously review, and If necessary, revise and update the Philippine. 
Standards for Drinking Water with the end in view of advancing public health by improving 
water quality. To achieve such objective, the Department of Health, in coordination with the 
Department of Environment and Natural Resources, the Metropolitan Waterworks and Sewerage 
System, the Local Water Utilities Administration and other scientific organization, shall conduct 
research studies such as, but not limited to monitoring the changes in the acceptable or safe level 
of water contaminants; determining the existence of unknown water contaminants that may have 
adverse effect on health; and on exploring indigenous water treatment techniques. Toward the 
same end, the Department of Health, in cooperation with local government units, shall upgrade 
water laboratory facilities and services in water quality surveillance. 
The Department of Health shall also conduct training and provide technical assistance to 
local government units, water sanitary engineers and water suppliers on the implementation of 
the Philippine National Standards for Drinking Water. 
SEC. 5. Drinking Water Quality Committee. - A Drinking Water Quality Committee 
composed of representatives from the Department of Health as the lead agency, the Local Water 
Utilities Administration, the Department of Environment and Natural Resources, the Department 
of Public Works and Highways, the Metropolitan Waterworks and Sewerage System, the local 
government unit, water suppliers, non-government organizations and consumer groups shall be 
forrned in every province to monitor and assess the potability and safety of drinking water. The 
Drinking Water Quality Committee shall cause the: 
I) Regular collection and examination of water samples from representative sampling 
points within the water distribution system in the province; 
2) Evaluation of laboratory results and their compliance based on the Philippine National 
Standards for Drinking Water; 
3) Conduct of immediate sanitary surveys and ocular inspection for suspected contaminated 
sources; 
4) Application of measures to 'control deficiency in the water supply; and 
5) Provision of technical assistance to public water systems in undertaking remedial, 
measures to improve water quality. 
The Secretary or his representative, in consultation with local government officials, shall 
choose the non-government organizations and consumer groups which may participate in the 
Drinking Water Quality Committee. 
The Drinking Water Quality Committee shall submit the results of its survey to the 
Secretary of Health or his representative who shall notify the water supplier of its failure to 
comply with the national standards and prescribe the remedial measures to be undertaken. 
SEC. 6. Period of Compliance. - Water suppliers shall be given a reasonable period of 
time, as determined by the Secretary, to comply with the Philippine National Standards for 
Drinking Water; Provided, That the violation of the national standards shall not pose an 
imminent risk to public health. The gravity of the risk to public health shall be defined by the 
Secretary. Water suppliers who fail to undertake corrective measures and to' comply with the 
national standards within the given period of time shall be liable to administrative penalties 
provided in this Act; Provided, That they shall be given an opportunity to explain their non- 
compliance in an administrative hearing conducted by the Secretary or his representative. 


SEC. 7. Public Notification. - Water suppliers shall notify its consumers of any failure to 
comply with the Philippine National Standards for Drinking Water. The notification shall be 
issued through newspapers, community billboards, radio and television not later than 15 days 
after violation thereof; Provided, That when there is a grave risk to health, the notification must 
be issued not later than 48 hours after the violation. The notice shall contain the following items: 
1) A clear explanation of the violation; 
2) Potential adverse health effects; 
3) Population at risk; 
4) The remedial measures being undertaken; 
5) Need for alternative water supplies, if necessary; and 
6) Preventive measures to be taken by consumers until the violation is corrected. Failure to 
notify the public is deemed punishable under this Act. 
SEC. 8. Penalties. - Any water supplier who fails to comply the Philippine National 
Standards for Drinking Water within the given period of time set by the Secretary shall be 
punished with a fine of not less than Three Thousand Pesos (3,000.00) but not more than Ten 
Thousand Pesos (P10,OOO.OO) for the first offense, but not less than Ten Thousand Pesos 
(P10,OOO.OO) but not more than Twenty Thousand Pesos (20,000.00) for each subsequent 
offense. Each day that a water supplier fails to conform with the national standards beyond the 
given period of compliance shall be considered a subsequent offense. A water supplier's permit 
to operate may be revoked or suspended if he fails to meet the requirements of the national 
standards thirty (30) days after the given period of compliance. The penalties prescribed under 
this Act shall be imposed without prejudice to the penal and administrative sanctions prescribed 
by other related laws. 
Failure to notify the public of non-compliance with the national standards for drinking 
water within the period prescribed shall be punishable with a fine of not less than One Thousand 
Pesos (P1,OOO.OO) but not more than Five Thousand Pesos (PSOOO.OO). 
The administrative fines collected by the Department of Health shall accrue to a special 
fund to be administered by the Department exclusively for projects and research activities 
relative to water quality, protection of water resources and provision of water supply. 
SEC. 9. Emergency Powers of the President. - The President, upon receipt and 
confirmation of an information that a contaminant is present or is likely to enter a public water 
system or an underground water source of drinking water poses an imminent and substantial 
danger to public health, and that appropriate national and local authorities have failed to take 
preventive or remedial measures, and upon the recommendation of the Secretary, shall undertake 
the necessary action to protect the health of the public. The action which the President may 
undertake include, but is not limited to, 
(1) Requiring the owner or operator of the public water system who supplied the 
contaminated water to provide a safe alternative water supply; and 
(2) Ordering temporary or permanent closure of the public water system; and 
(3) Issuing orders to undertake other necessary measures. 


ARTICLE III 
PROTECTION OF WATER SOURCE 
SEC. 10. Criteria for Aquifer Protection Area. - Not later than twelve (12) months from 
the effectivity of this Act, the. National Water Resources Board, in coordination with the 
Department of Environment and Natural Resources, shall establish criteria for identiflmg critical 
aquifer protection areas. In establishing the criteria, the following factors shall be considered: 
1 j. The vulnerability of the aquifer to contamination due to hydrogeologic characteristics. 
2). The number of persons or the proportion of the population using the ground water as 
drinking water source. 
3). The economic, social and environmental benefits that would result in the area with the 
maintenance of ground water of 
4). The economic, social and environmental costs that would result from degradation of the 
quality of ground water. 
5). The utilization of subterranean or ground water shall be coordinated with that of surface 
waters such as rivers, streams, springs and lakes, so that a superior right in one is not adversely 
affected by an inferior right in the other. 
SEC. 11. Application of Selection as Critical Aquifer Protection Area. - Based on the 
established criteria, a local water district shall identifjr critical aquifer protection area within its 
boundary and apply to the National Water Resources Board for its selection as such. In areas 
where there are no water districts, the municipality or city shall assume this responsibility or 
task. 
An application submitted to the National Water Resources Board shall: 
1) Propose boundaries for the critical aquifer protection area within its jurisdiction; 
2) Propose the development of a comprehensive management plan and designate or 
establish a planning entity to develop the plan; 
3) Establish procedures for public participation in the development of the plan, for review 
and approval; 
4) Include the measures and proposed schedule for implementation of such plan; and 
5) Include a hydrogeologic assessment of surface and ground water resources within the 
protected area. 
Pursuant to Presidential Decree No. 1586, a local government unit or water district shall 
secure first an Environmental Compliance Certificate from the Department of Environment and 
Natural Resources before operating or undertaking the comprehensive management plan for the 
proposed aquifer protected area. 
SEC. 12. Comprehensive Management Plan. - The objective of the comprehensive 
management plan submitted by an applicant shall be to maintain the quality of ground water in 
the critical aquifer protection area in a manner consistent with the protection of public health and 
the conservation of the environment. In order to achieve such objective, the plan shall be 
designed to preserve, to the greatest extent possible, the natural vegetative and hydrogeological 
conditions. The comprehensive management plan shall include the following elements: 
(1) A map showing the detailed boundary of the critical protection area; 


(2) An identification of existing and potential point and nonpoint sources of ground water 
degradation; 
(3) An assessment of the relationship between activities on the land surface and ground 
water quality; 
(4) Specific actions and management practices to be implemented in the critical protection 
area to prevent adverse impacts on ground water quality; 
(5) Identification of authority, its powers and functions necessary to implement the plan, 
estimates of program costs and sources of funds. 
The Department of Environment and Natural Resources shall provide technical assistance 
to local water districts and local government units in the formulation and implementation of the 
comprehensive management plan for critical aquifer protection areas. 
SEC. 13. Consultation and Hearing. - During the development of such a comprehensive 
management plan, the planning entity shall consult with, and consider the comments of, officials 
of any local government unit or agency which has jurisdiction over lands and waters within the 
special protected area, local residents, non-government organizations, people's organ-nations, 
consumer groups and other concerned organizations. The planning entity shall conduct public 
hearings at places within the special protected area for the, purpose of providing the opportunity 
to comment on any aspect of the plan. 
SEC. 14. Approval of Application. - Within 120 days upon receipt of an application, the 
National Water Resources Board shall notify a local water district, municipality or city of the 
approval or disapproval of its application. A written explanation fob- the disapproval of an 
application shall be given to the local government unit or water district. Any petitioner may 
modi@ and resubmit any application which has been previously disapproved. The National 
Water Resources Board shall then make a registry of designated sole source aquifer protection 
areas. 
SEC. 15. Ground Water Protection. - The Department of Environment and Natural 
Resources shall conduct a study oE 
a) Disposal of residential, industrial and other wastes which may endanger ground water 
supply; 
b) Means to regulate such waste disposal; 
c) Other methods or programs to protect ground water. 
Not later than one year fiom the effectivity of this Act, the Secretary of the Department of 
Environment and Natural Resources shall transmit to Congress the results of such study, together 
with his recommendations. 
The Department of Environment and Natural Resources shall carry out methods of 
preventing, detecting, and dealing with surface spills of contaminants which may degrade ground 
water supp 1 y . 
Funds necessary to carry out the research study shall be appropriated out of the funds not 
otherwise appropriated in the National Treasury or from the savings of the Department of 
Environment and Natural Resources for the current year. 


ARTICLE rV 
PROHIBITION ON USE OF LEAD PIPES 
SEC. 16. Prohibition on Use of Lead Pipes, Solder and Flux. - After the enactment of 
this Act, lead pipes, solder, or flux used in the repair of any public water system, or any 
plumbing in a residential or non-residential facility providing water for human consumption 
connected to a public water system shall be lead-free. This provision, however, shall not apply to 
joints for the repair of cast iron pipes. 
SEC. 17. Public Notice Requirements. - The following requirements are hereby set: 
a) Each public water system shall identify and notify persons that may be affected by lead 
contamination of their drinking water: 
(1) The lead content in the construction materials of the public water distribution system; 
(2) Corrosivity of the water supply sufficient to cause leaching of the lead. 
The notice shall be provided in such manner and form as may be reasonably required by the 
Secretary notwithstanding the absence of a violation of the national drinking water standard. 
b) Contents of Notice. - Notice under this section shall provide a clear and readily 
understandable explanation f the following: 
(1) The potential sources of lead in the drinking water; 
(2) Potential adverse health effects; 
(3) Reasonably available methods of mitigating known or potential lead content in 
drinking water; 
(4) Any steps the system is taking to mitigate lead content in drinking water, and 
(5) The necessity for seeking alternative water supplies, if any. 
SEC. 
18. Enforcement of Prohibition and Public Notice Requirements. - 
The 
requirements provided for in section 17 (a) hereof shall be enforced in all local government units 
effective 24 months after the enactment of this Act. Local government units shall enforce such 
requirements through local plumbing codes, ordinances, or such other means of enforcement as it 
may determine to be appropriate: 
ARTICLE V 
MISCELLANEOUS PROVISIONS 
SEC, 19. Information and Education Campaign. - The Department of Health, in 
coordination with the Metropolitan Waterworks and Sewerage System, Local Water Utilities 
Administration, Department of Public Works and Highway, local government units, water 
districts and other water suppliers shall conduct a public information and education campaign on 
the national standards for drinking water, the availability of water testing facilities, and 
protection of water resources. Toward this end, the Department of Health shall publish drinking 
water regulations that apply to all public water systems in at least two (2) newspapers of general 
circulation. 


SEC. 
20. 
Implementing Rules and Regulations. 
- 
The Secretary of Health, in 
coordination with the National Water Resources Board, the Department of Environment and 
Natural Resources; the Department of Public Works and Highways, the Metropolitan 
Waterworks and Sewerage System, the Local Water Utilities Administration, and in consultation 
with local government units, water districts, water suppliers, and concerned non-government 
organizations and consumer groups shall promulgate within 180 days from the effectivity of this 
Act such rules and regulations as may be necessary for its implementation. 
SEC. 21. Separability Clause. - If for any reason, any section of this Act is declared 
unconstitutional or invalid, such sections or parts not affected thereby shall remain in full force 
and effect. 
SEC. 22. Repealing Clause. - All laws, orders issuance, rules and regulations or parts 
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. 
SEC. 23. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
at least two (2) newspapers of general circulation. 
Approved,