FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S.B. No. 2793 
'11 
MAY -2 P4 :03 
Introduced by SENATOR MANNY VILLAR 
EXPLANATORY NOTE 
One out of every five Filipino households do not have access to sanitary toilet system. 
Recent data from United Nations Children's Fund show that 28% of the population is 
subjected to in~lignities of having to defecate in the open, in plastic bags or buckets 
disposed on rivers and garbage bins. The embarrassment of our countrymen compelled to 
do this for want of proper toilet facility hits right at the core of their beings. Sanitation as a 
human right goes deep and touches on the basic dignity of every person. 
The large number of those without access to proper toilet facilities is alarming considering 
that health and well-being are closely connected to sanitation. The prevalence of sanitation-
related diseases, such as cholera and amoebiasis, is an indication not only of unhygienic 
conditions our people are daily exposed to, but of the extent of poverty faced by the majority 
of Filipinos. In fact, diarrhea is one of the leading cause of morbidity in the Philippines. 
For many years, vital reforms on the delivery of health and sanitation services have been 
pushed at the back-burner. The small health budget has lead to limited access of health 
services. Instead of sustained and concrete programs, the health sector resorts to short-
term expedient solutions to decades-old health and sanitation concerns. Little importance is 
given to sanitation despite the passage of the Clean Water Act of 2004 and the riSing 
incidence of water-borne diseases outbreaks, the continued disregard of the importance of 
sustainable sanitation is also reflected on the high morbidity rate especially of children and 
pregnant women. 
Sustainable sanitation does not end with the availability of a toilet facility inside the house, it 
extends to complete community-wide sanitation systems designed to properly treat and 
dispose waste. It involves a comprehensive review and implementation of the national 
sanitation program taking into consideration the practices and standards applicable to 
Philippine setting. 
This bill seeks to promote sustainable sanitation by strengthening and expanding the 
services of the Sanitation Unit of the Department of Health, and by amending Sections 3 
and 103 of Presidential Decree 856 also known as the Sanitation Code. 
In view of the foregoing, immediate approval of this measure is earnestly sought. 
Approved, 
MANNY ILLAR 


FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S.B.'No. 2793 
Introduced by SENATOR MANNY VILLAR 
AN ACT 
'sel1&tr 
(@lft;' uf til' ~'m,bru 
'11 
MAY -2 P 4 :03 
PROVIDING A FRAMEWORK FOR NATIONAL SUSTAINABLE SANITATION 
PROGRAM, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
Section 1. Short Title. This Act shall be known as the "National Sustainable Sanitation 
2 
Act of 2011". 
3 
4 
Section 2. Declaration of Policy. The State shall pursue a policy on sustainable sanitation 
5 
to protect public health and human development as a fundamental human right. As such, 
6 
it shall be the guided by the following policy statements: 
7 
1. Sanitation is both a social and economic good. It is essential for basic health and 
8 
dignity of the person. 
9 
2. Sanitation policies, plans and programs must be localized and its management 
10 
decentralized at the lowest level possible. 
11 
3. Sanitation is a responsibility of all citizens. Different stakeholders must be involved 
12 
in promoting good sanitation and hygiene practices. 
13 
4. Sanitation systems must be financially sustainable, economically affordable, 
14 
socially and culturally acceptable. 
15 
5. Good sanitation contributes to environmental sustainability and penalizes 
16 
polluters. 
17 
6. Sanitation services must be responsive and shall include capacity development 
18 
for consideration of appropriate technologies, financing and management options 
19 
at various levels. 
20 
7. Proper resource conservation, re-use, recycle and recovery of sanitation by-
21 
products will be considered. 
22 
8. Access to sanitation should be equitable and sensitive to gender differences. 
23 
9. Efficient water governance includes sanitation. 
24 
25 
Section 3. Definition of Terms. As used in this Act, the following terms shall mean: 
26 
27 
a) Ecological Sanitation - refers to a system that separates urine and feces and 
28 
provides for the safe recycling of excreta resources (plant nutrients and organic 
29 
matter) to crop production in such a way that the use of non-renewable resources 
30 
is minimized. 
31 
b) Excreta - refers to both human feces and urine. 
32 
c) Sanitation - refers to a wide range of services and arrangements pertaining to the 
33 
hygienic and proper management of human excreta and community liquid wastes 
34 
to safeguard the health of individuals and communities. This is usually concerned 
35 
with preventing diseases by hindering pathogens or disease-causing organisms 
36 
found in excreta and wastewater from entering the environment and coming into 
37 
contact with people and communities. This also involves the construction of 


1 
adequate collection and disposal/reuse facilities and the promotion of proper 
2 
hygiene behaviour so that facilities are effectively used at all times. 
3 
4 
d) Septage - means the sludge produced on individual onsite wastewater disposal 
5 
systems, principally septic tanks and cesspools. 
6 
e) Sewage - means water-borne human or animal wastes excluding oil or oil wastes 
7 
removed from residences, buildings, institutions, industrial and commercial 
8 
establishments. 
9 
f) Sewerage - refers to any system or network of pipelines, ditches, channels or 
10 
conduits including pumping stations, lift stations and force mains, service 
11 
connections including other constructions, devices and appliances appurtenant 
12 
thereof, which includes the collection, transport, pumping and treatment of 
13 
sewage to a point of disposal. 
14 
g) Sludge - means any solid, semi-solid or liquid waste or residue generated from a 
15 
wastewater treatment plant, water supply treatment plant, or water control 
16 
pollution facility, or any other such waste having similar characteristics and 
17 
effects. 
18 
h) Sustainable sanitation system - a system that protects and promotes human 
19 
health, minimizes environmental degradation and the depletion of the resource 
20 
base. It is technically and institutionally appropriate, while maintaining social 
21 
acceptability and economic viability in the long term. 
22 
i) Treatment -
means any method, technique, or process designed to alter the 
23 
physical, chemical or biological and radiological character or composition of 'any 
24 
waste or wastewater to reduce or prevent pollution. 
25 
j) Universal Coverage - one hundred percent (100%) of total households have their 
26 
own sanitary toilet facilities. 
27 
k) Zero Open Defecation - refers to the state of no defecation in open public places. 
28 
community is said to have zero open defecation when 100% of its households 
29 
have their own sanitary toilets. 
30 
31 
Section 4. The Strengthening of the Sanitation Unit. For purposes of carrying out the 
32 
declared policy in Section 2, it is hereby established that the present Sanitation Unit, 
33 
hereinafter called the Unit, under the Department of Health be strengthened through 
34 
additional support services and appropriate funds as per recommendation of the 
35 
Department of Health. It shall be an autonomous unit directly under the Office of the Health 
36 
Secretary. 
37 
38 
The Unit shall be headed by an Administrator who is a sanitation engineer, or equivalent 
39 
qualification, with at least five (5) years distinguished service and experience in any of the 
40 
following fields: waterworks, sanitation management, and health. The administrator shall 
41 
receive compensation, benefits, privileges and other emoluments equivalent to an 
42 
Undersecretary of the DOH. 
43 
44 
Section 5. Objectives of the Unit. The Unit shall have the following objectives: 
45 
46 
1. To establish the policy guidelines for the implementation of sustainable sanitation 
47 
including regulatory and institutional arrangements; 
48 
2. To promote rapid expansion of sanitation coverage throughout the Philippines in 
49 
partnership with different stakeholders; and 
50 
3. To set national targets and directions that will guide national and local plans and 
51 
programs on sustainable sanitation. 
52 
53 
Section 6. Powers and Functions of the Unit. The Unit shall oversee the preparation and 
54 
implementation of local sustainable sanitation management plans and prescribe policies to 
55 
achieve the objectives of this Act. The Unit shall undertake the following activities: 
56 
57 
58 
59 
1. Prepare and regularly update the National Sustainable Sanitation Management 
Framework; 


1 
2. Lead inter-agency implementation of the National Sustainable Sanitation Program; 
2 
3. Develop and implement a program to provide technical and other capability 
3 
building assistance and support to local government units in the development and 
4 
implementation of local sustainable sanitation plans; 
5 
4. Review and monitor national agency and local government sustainable sanitation 
6 
plans in accordance with its rules and regulations; 
7 
5. Develop and implement a national pro-poor sanitation program that will target to 
8 
achieve zero open defecation nationwide and one hundred percent sanitation 
9 
coverage of all households by 2016; 
10 
6. Establish and manage the Sanitation Program Fund of the DOH; 
11 
7. Monitor and regularly report to the public, through the DOH, the national account 
12 
for sanitation; 
13 
8. Formulate the necessary education promotion, information campaign and social 
14 
marketing strategies; 
15 
9. Spearhead the research and development of the knowledge and skills on 
16 
technology, management and financing options for sustainable sanitation; 
17 
10. Encourage community participation and other partnership modalities in the 
18 
different areas of sustainable sanitation service delivery chain; 
19 
11. Propose and adopt policy, standards, regulations and guidelines relative to the 
20 
implementation of this Act and other related laws; 
21 
12. Promote knowledge, standards, skills and proper hygiene behaviour for 
22 
appropriate and sustainable sanitation solutions in schools and in emergency 
23 
situations; 
24 
13. Develop a program for the development, training and professionalization of 
25 
sanitary inspectors in partnership with their national organization; and 
26 
14. Facilitate the organization, registration and regulation of Sanitation Service 
27 
providers. 
28 
29 
Section 7. Role of the Department of Interior and Local Government. The (Department 
30 
of Interior and Local Government) DILG shall formulate its own sustainable sanitation 
31 
strategy that will ensure that all LGUs capacity are enhanced and are assisted in developing 
32 
and updating their local sustainable sanitation plans, and in the regular inclusion of 
33 
sustainable sanitation in the LGU annual investment and development plans. They will also 
34 
assist in over-all sector monitoring and assessments and maintenance of a database. 
35 
36 
Section 8. Role of the Department of Public Works and Highways. The Department of 
37 
Public Works and Highways (DPWH) shall implement the National Sewerage and Septage 
38 
Management Plan (NSSMP) for highly urbanizing cities as provided for in the Philippine 
39 
Clean Water Act of 2004. It shall ensure that the implementation of the NSSMP is in 
40 
partnership with the LGUs. It will also develop its own sustainable sanitation strategy that 
41 
will ensure proper installation of adequate and sustainable toilet and hand washing facilities 
42 
for men, women and disabled persons of the public and employees in all government 
43 
buildings. 
44 
45 
Section 9. Role of the Housing and Land Use Regulatory Board and its attached 
46 
agencies such as the National Housing Authority and the Housing and Urban 
47 
Development Coordinating Council. The HLURB, NHA and HUDCC shall develop its own 
48 
sustainable sanitation plans consistent with this Act that will: a) ensure that appropriate 
49 
sustainable sanitation systems are adequately provided for in all its housing projects and b) 
50 
identify their agency targets and budgets for sanitation. 
51 
52 
Section 10. Role of the Local Water Utilities Administration. The Local Water Utilities 
53 
Authority (LWUA) will develop its sustainable sanitation strategy and action plan aimed to 
54 
assist water utilities (not limited to water districts) who will implement sustainable sanitation 
55 
initiatives. It will also ensure at least five percent (5%) of its total loan products are allocated 
56 
for sanitation, sewerage and septage management projects. As much as possible, it will 
57 
also provide access to innovative financing schemes and capacity development of the water 
58 
districts. 


1 
Section 11. Role of the National Water Resources Board. The National Water 
2 
Resources Board (NWRB), as the main economic regulator of the water sector provided for 
3 
in the Water Code shall be the economic regulator for sewerage and Septage management. 
4 
The sanitation economic regulatory guidelines shall be developed by the NWRB and it 
5 
should cover the following tasks: 
6 
7 
1. Promotion of operating efficiency and performance indicators; 
8 
2. Service standard specification and monitoring; 
9 
3. Ensure asset serviceability over time; 
10 
4. Promotion of water use efficiency; 
11 
5. Safety net regulations; and 
12 
6. Customer service responsiveness. 
13 
14 
In special areas where there is a different economic regulator for the water service 
15 
provider (such as those regulated by contract), the regulator assumes responsibility 
16 
for sanitation and sewerage regulation. Their regulatory guidelines should be 
17 
consistent with the national economic regulatory guidelines for sanitation that will be 
18 
developed by the NWRB. In such cases, the NWRB shall serve as the appellate 
19 
body for complaints between the service provider and the consumers. 
20 
21 
Section 12. Role of the Municipal/City Local Government Units. The local government 
22 
units (LGUs) are mandated to ensure that basic sanitation services are provided to their 
23 
constituents. Consistent with the provisions of the local government code, it is hereby 
24 
mandated that: 
25 
1.) Sanitation Unit in each city or municipality be established. The Sanitation Unit will 
26 
be under the local health departments to be headed by a Sanitation Engineer or its 
27 
equivalent. This unit shall be composed of the head and a team of sanitary 
28 
inspectors. This unit shall be responsible for the development and implementation of 
29 
the local sustainable sanitation plans and programs and shall recommend local 
30 
legislation as deemed necessary. 
31 
32 
33 
34 
35 
36 
37 
38 
39 
2.) LGUs will develop their local sustainable sanitation plans that respond to their 
local situation and priority needs and furnish the Unit a copy of the plan for 
monitoring and technical assistance. 
3.) They will work with different stakeholders and service providers such as Water 
Districts, small private entrepreneurs and community-based associations to develop 
the plan and ensure its implementation and enforcement of the national policies. 
40 
4.) They will develop local policies and ordinances which defines its strategies and 
41 
stipulates penalties and fines for violations for open defecation and for other 
42 
unsanitary behaviours that affect public health. 
43 
44 
5.) The LGUs shall allocate at least 10% of their 20% development funds for 
45 
improvement of sanitation, the amount of which shall be regularly reported and 
46 
accounted for separately. The sanitary fees levied by the LGUs shall be solely 
47 
allocated for sanitation related projects. 
48 
6.) The LGUs will develop programs and incentive schemes to achieve universal 
49 
coverage of their total household population having their own sanitary toilet facilities 
50 
within a reasonable time frame as indicated in their sustainable sanitation plan. 
51 
52 
53 
54 
5S 
56 
57 
58 
7.) The LGUs shall also ensure the provision, operation and maintenance of 
adequate sanitary toilet facilities for men and women in public places such as public 
markets, bus terminals, public parks, public basketball courts/gymnasiums. They 
shall also ensure adequate operation and maintenance of public school buildings. 
8.) The LGUs will work with communities and households to create demand for 
sanitation improvement through health and hygiene awareness programs. 


1 
Section 13. Role of Provincial LGUs. The Provincial LGUs will assist the Municipal and 
2 
City LGUs by: 
3 
4 
1. Ensuring compliance with the national policy, norms and standards; 
5 
2. Developing provincial legislation, norms and standards; 
6 
3. Monitoring progress of the LGUs in meeting their targets; 
7 
4. Allocating portion of their IRA to provide for counterpart support financing to 
8 
municipal/city LGUs; and 
9 
5. Providing for the establishment, operation and maintenance of at least one 
10 
septage treatment facility for the province. 
11 
12 
Section 14. Role of the Department of Education. The Department of Education (DepEd) 
13 
shall ensure that all schools have adequate number of sustainable sanitary toilet facilities 
14 
for the students. No school building is considered complete without proper toilet facilities. 
15 
The DepEd shall immediately address the access gaps by giving priority to schools that 
16 
maybe used as evacuation centers. All of these information shall be identified in their 
17 
sustainable sanitation action plan which should indicate their targets, plans and budgets 
18 
within a given timeframe. 
19 
20 
Section 15. Role of the Inter-Agency Committee on Environmental Health, The Inter-
21 
Agency Committee on Environment Health (IACEH) shall be a high level inter-agency 
22 
platform to ensure coordination and monitoring of agency performance. They will address 
23 
emerging bottlenecks that constrain achievement of universal coverage. 
24 
25 
Section 16. Role of the Department of Finance. The Department of Finance will take 
26 
responsibility for ensuring equitable and practical funding and financing arrangements that 
27 
will enable the provincial and municipal LGUs to finance their sanitation plans and 
28 
programs. 
29 
30 
Section 17. Role of Civil Society, Non-government organizations and community-based 
31 
organizations can include but are not limited to health and hygiene awareness promotion 
32 
and education; training and capacity development; facilitating community participation; 
33 
implementing 
community-based 
sanitation 
improvement 
projects; 
monitoring 
plan 
34 
implementation; and piloting demonstration projects. 
35 
36 
Section 18, Individual Excreta and Sewage Disposal System, All houses and buildings 
37 
shall have an excreta and sewage disposal system as approved by the local Sanitation 
38 
Inspector and provided for in Section 19. 
39 
40 
Section 19. Sewerage and Sewage Treatment System. All households and buildings 
41 
covered by the system shall be connected to the sewer. 
42 
43 
Section 20. Approval of the Department. The approval of the Department shall be 
44 
required in the following matters: 
45 
1. The construction of any approved type of individual excreta and sewage disposal 
46 
system. 
47 
2. Plans, designs, and specifications of individual excreta and sewage disposal 
48 
system. 
49 
3. Plans, designs and specifications of sewerage and sewage treatment systems. 
50 
4. Methods of disposal of sludge and/or septage from excreta or sewage disposal 
51 
treatment facilities. 
52 
53 
Section 21. Achieving Universal Sanitation Coverage. The Unit, in coordination with 
54 
IACEH and the LGUs shall spearhead a sustainable sanitation campaign aimed at 
55 
achieving universal sanitation coverage in the country that will: 
56 
57 
1. Raise awareness and cultivate demand for improved sanitation at LGU level; 
58 
2. Achieve zero open defecation in all barangays in the country by 2016; 
59 
3. Ensure that all households will have their own sanitary toilet facility; 


1 
4. Ensure that LGUs provide a support system for disposing human excreta, household 
2 
wastewater and refuse which is acceptable to users, safe, hygienic, easily accessible and 
3 
which does not have an unacceptable impact on the environment; and 
4 
5. Trigger LGUs to develop their sustainable sanitation plans and programs and allocate 
5 
resources for its implementation. 
6 
7 
Section 22. The National Sustainable Sanitation Plan. The DOH thru the Sanitation Unit 
8 
shall prepare a five-year (5) National Sustainable Sanitation Plan consistent with the 
9 
Sustainable Sanitation Framework within one (1) year from the approval of this Act. 
10 
11 
Section 23. The Local Sustainable Sanitation Plan. The Local Government Units shall 
12 
prepare its respective five-year (5) Sustainable Sanitation Plans consistent with the 
13 
Sustainable Sanitation Framework Plan within one (1) year from the approval of this Act. 
14 
15 
Section 24. Amendatory and Repealing Clause. The following sections of Presidential 
16 
Decree 856 also known as "Sanitation Code" is hereby amended to read as follows: 
17 
18 
Section 3. Functions of the Department of Health. The Department shall have the 
19 
following powers and functions: 
20 
(a) Undertake the promotion and preservation of the health of the people and 
21 
raise the health standards of individuals and communities throughout the 
22 
Philippines. 
23 
24 
25 
26 
27 
xxx 
28 
(i) TAKE A LEAD ROLE IN SANITATION GOVERNANCE BY PROVIDING 
29 
TECHNICAL ASSISTANCE, SETTING STANDARDS AND POLICY GUIDELINES, 
30 
AND THE CONDUCT OF RESEARCH AND DEVELOPMENT AND MONITORING 
31 
OF PLANS AND PROGRAMS. 
32 
33 
34 
Section 103. Penal Provision 
35 
36 
(a) Unless otherwise provided in any Chapter or section in this Code, any [person] 
37 
public official who shall violate, disobey, refuse, omit or neglect to comply with any of 
38 
the rules and regUlations promulgated under this Code shall be guilty of 
39 
misdemeanor and upon conviction shall be punished by imprisonment for a period 
40 
not exceeding [six months or by a fine of not exceeding one thousand pesos] 
41 
FOUR (4) YEARS AND A FINE NOT LESS THAN FIFTY THOUSAND PESOS 
42 
(Php 50,000.00) AND NOT MORE THAN ONE HUNDRED THOUSAND PESOS 
43 
(Php 100,000.00) PER DAY FOR EACH DAY OF VIOLATION depending upon the 
44 
discretion of the court. 
45 
46 
(b) Any person who shall interfere with or hinder, or oppose any officer, agent or 
47 
member of the Department or of the bureaus and offices under it, in the performance 
48 
of his duty as such under this Code, or shall tear down, mutilate, deface or alter any 
49 
placard, or notice, affixed to the premises in the enforcement of the Code. shall be 
50 
guilty of a misdemeanor and punishable upon conviction by imprisonment for a [six 
51 
months or by a fine of not exceeding one thousand pesos or both depending upon 
52 
the discretion of the court] FOUR (4) YEARS AND A FINE NOT LESS THAN FIFTY 
53 
THOUSAND PESOS (Php 50,000.00) AND NOT MORE THAN ONE HUNDRED 
54 
THOUSAND PESOS (Php 100,000.00) PER DAY FOR EACH DAY OF VIOLATION 
55 
depending upon the discretion of the court. 
56 
57 
58 
59 


1 
2 
3 
4 
Section 25. Appropriations. The Department shall allocate an initial Php 60 million for the 
5 
launching of the NSSP nationwide and jump-start sustainable sanitation in high-risk areas 
6 
as recommended by the Provincial Health Units in every region. The National Sanitation 
7 
Unit shall have an allocation of at least Php 30 million thereafter. First, second and third 
8 
municipalities and cities shall provide funding for the implementation of their local sanitation 
9 
programs. Fourth and fifth class municipalities shall receive counterpart assistance from 
10 
DOH, DENR and DPWH for the implementation of their sanitation programs. 
11 
12 
Section 26. Separability Clause. If, for any reason, any section or provision of this Act is 
13 
declared unconstitutional or invalid, such other sections or provisions not affected thereby 
14 
shall remain in full force and effect. 
15 
16 
Section 27. Repealing Clause. Any law, presidential decree or issuance, executive order, 
17 
lelter of instruction, administrative order, rule or regulation contrary to or inconsistent with 
18 
the provision of this Act is hereby repealed, modified or amended accordingly. 
19 
20 
Section 28. Effectivity. This Act shall take effect fifteen (15) days after its publication in at 
21 
least two (2) national newspapers of general circulation. 
22 
23 
Approved,