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

NINETEENTH CONGRESS,
First Regular Session

HOUSE BILL vol O14

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 suificient, sate,
acceptable, accessible, affordable drinking water and sanitation is not a problem
unique to the Philippines, but it is incumbent on cack 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 houscholds 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 functiot
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 a

le, France See hp ‘ wwwworldwatertonin6 ory ec



To live in a community that is clean, free from human waste, and abundant
With saie 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,

(NADETTE HERRERA-DY

‘See About page, Workd Witer Forum, bp: Au wavartdwaterForum6.onsfenthe-forum/aboul)


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

NINETEENTH CONGRESS
First Regular Session

1014

HOUSE BILL NO’

Introduced by
SSENTATIVE BERNADETTE HERRERA-DY

AN ACT RATIONALIZING THE RESOURCE MANAGEMENT OF THE WATER
TOR, 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. |. Short Title. — This Act shall be known as the "Water Resources 4
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 t
access to water and sanitation and the integration of water, energy,

environment, and food security;

hieve universal


¢) 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
fo domestic and municipal use, irrigation, power generation, farming,
fisheries, commercial. and industrial use;

a)To coordinate and strengihen 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 Deparument 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:

¢) "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.

1) "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 runolf, 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.

4) "Scptage” 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; ©
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;

c) Manage and protect the country's water resources to ensure the optimal
use thereof for domestic water supply, sewage, sanitation, irrigation,
hydropower, navigation, flood control, and recreation. including the
enhancement and maintenance of water quality, conservation of

‘watersheds, control of water pollution, and environmental restoration,
without compromising the natural ecosystem funetions and services;

* pending under HB 4137, "The Water Regulatory Act of 20% ' co-authored by Rep, Bernadette Herrara‘Dy and Rep.

Sonny Angara and certiied as a priorty measure by President Benigno S. Aquino Il


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
to determine the annual renewable water available per water region;

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;

2) 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;

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 TWRM plans;

i) Effect and compe! inter-sectoral, inter-agency, and interdepartmental
coordination on water, sewage, and sanitation resources development
planning with the aim of operationalizing the integrated approach to water
resources management;

k) Regulate and contro} 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;

1) Assist and provide the National Economie 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 ot
local, that affect water resourecs, 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 usc, exploitation, development. conservation, ot
protection of waters, water resources, and watershed or basin are

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, tor 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, suck
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;

1) In coordination with other relevant agencies, develop and implement effective
codes, standards, and reasonable guidelines (o 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 cach 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 guid

Ww) Provide the works supervision funetion for all public works construction and
ensure that actual construction is done in accordance with approved
government plans and specifications:

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

y) Maintain or cause to be maintained ail flood control, water resource
development systems, and other public works throughout the country execpt
those that are the responsibility of other agencies as directed by the
President of the Philippines or as provided by law;

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
Act,

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

cc) Respond to consumer complaints and ensure the adequate promotion of
consumer interest

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)Cary 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, Sewageand
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 Presidem's guidelines;

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

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

€) 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 employces under his dircetion; 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 shail be appointed by the President upon
the recommendation of the Secretary. The Sceretary 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
Under Secretary shall be assigned primarily administrative responsibitities
Within his functional area of resporsibility, 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

¢) 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 Undersceretary 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 Serviec: 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 Undersecretartes and Assistant Scerctaries, the Internal Audit Service,

Monitoring und Information Service, Planning Servic, Comptrollership and Financial
‘Management Service, Legal Service, and the Administrative Service:

b) Bureau of Rescarch and Standards, Burcau of Design, Bureau of Construction, Burcau
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,

10


methods and procedures, government regulations, and contractual obligations of the
Department;

©) 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

€) Perform such other related duties and responsibilities as may be assigned 10 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 ali matters relating to monitoring and public
information:

) 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, program:
by the public;

and plans of the Department understood
£) Produce and supervise the dissemination of media materials in line with
national government public information programs;

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


h) Perform such other related duties and responsibilities as may be assigned

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

SEC, 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 shal! have the following functions:

a) Advise the Secretary on alt 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 Scetion 8:

c) Formulate strategies and priorities for infrastructure development consistent

with national development objectives and initiate or undertake relevant

surveys for development planning;

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

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

£) 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 s
thereof,

i) Gather, analyze, and organize necded 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 receipis, 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, Burcaus, and
Regional Offices;

d) Provide assistance in its arca of specialization to any unit of the
Department

and, when requested, to government corporations and counci
the Department: and

attached to.

¢) 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 legat 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 staff's of Regional Offices;


¢) Provide iegal assistance to the Department Proper, the Bureaus, and
Regional Offices and, when requested, the attached corporations; and

1) 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, facilitics maintenanee, medical and dental, security, and
property and procurement services. For such purposes, it shall have the following
functions:

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

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

c) Provide services related to human resources training, cducation, and
dovelopment, including manpower, carcer planning and forecasting, and
development of indigenous training materials;

4) Develop, establish, and maintain an efficient and cost-effective property

procurement system and facilities and coordinate or otherwise interface with
relevant agencies, whether government or private, for the purpose of
developing or upgrading the system;

14


¢) Secure and maintain necessary Department facilities, and develop, establish,
and maintain an efficient and effective sccurity system covering, 3 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;

hy Provide assistance in its area of specialization to the Department Proper.
Burcaus, 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, Burcau of Rescarch 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 work:
b) Conduct or sponsor research on construction materials and formulate and
recommend policies, standards, and guidelines on materials and quality
control;

c) Undertake or cause to be undertaken specialized technical studies to
advance the in-house technology of the Department and secure the most
complete information for project development and implementation purposes:

d) Oversee the development and continuous updating of water resource
‘management, computerized decision support systems that incorporates

data management system (acquisition and database), model base (physical,
design, planning and decision models), and user-friendly interface (graphical
and visualization tools);



¢) Handle infrastructure and program development including planning,
assessment, and vale-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;

1) Formulate technical training programs for Department technical
personnel, including the identification of appropriate local and forcign
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:

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;

{) Cooperate or coordinate with other established rescarch, development, and
engingcring 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) Conduet 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 aspecis 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

4) 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, cheek, and monitor constuction und works supervision uetivities
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
faolh

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

©) Inspect, chock, and monitor maintenance activities of implementing ficld
offices for the purpose of ensuring that such activities are being conducted
in accordance with the current standards and policies of the Department;

7



d) Provide specialist support to implementing field offices on the maintenance
sy and

of infrastructure projects and facil

©) Perform such other related dutics 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

4) 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 act
are being conducted in accordance with the current standards and policies
Department;

ities
of the

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 above mentioned infrastructure as well as all public and private
physical structures;

18


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

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

£) 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

2) Perform such other related duties and responsibilities as may be assigned ot

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-rewional scope, magnitude, and multi-functional coverage.

SEC. 24, Regional Director. — The Regional Office shall be headed by
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 10
commit their resources and personnel to integrated regional water management
and flood control and flood

19


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 shail 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 Offiec. — There shall be a District Office in each of the provinces and
cities throughout the county 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 flocd control, water resource development systems, and
other public works within the district. For this purpose, it shal! have the following duties
and responsibitities:

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;

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;

¢) Conduct continuing consultations with local communities, take appropriate
mmicasures 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 necessery; 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. 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
SEC. 27, Imerface 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 Deparment 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
agriculmural development that reduces sources of long term pollution for surface water
and groundwater, and agricultural and industrial economic development through water,
ing, and treating wastewater.

recyc

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 goverment 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 cighty (180) days after the effectivity of this Act. The foregoing transfer of
powers and functions shall include all applicable funds, personnel, records,

property, and equipment, as may be necessary. All offices shall continue to function
under their present mandates until transition is effected as provided for under this Act.

All rights and obligations of said government agencies are hereby transferred to and
assumed by the Department and shail 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 from Service. — Employees separated from government
service as a result of this Act shall be entitled to the benefits that they may receive
under existing laws, rules, and regulations.

SEC. 30. Funding, — The sum of Three Hundred Fifiy Million
Pesas (2.350 000 000,00) 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 Appropriation 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. Petivdie 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
serviees,


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.

Approveds