LAWS ON FRESHWATERS

THE WATER CODE OF

THE PHILIPPINES
PD 1067, 1976

 Waters water under the ground, above

the ground, in the atmosphere and the
waters of the sea within the territorial
jurisdiction of the Philippines (art 4)

OWNERSHIP OF OWNERS
The ff: belong to the State:
a. Rivers and their natural beds
b. Continuous or intermittent waters of
springs and brooks running in their
natural beds and the beds themselves
c. Natural lakes and lagoons
d. All other categories of surface waters

e. Atmospheric water
f. Subterranean or ground waters, and
g. Seawater
(art 5)

Ff: waters found on private lands belong to

the State:
a. Continuous or intermittent waters rising on
such lands
b. Lakes and lagoons naturally occurring on
such lands
c. Rain water falling on such lands
d. Subterranean or ground waters, and
e. Water in swamps and marshes

 Owner of the land where the water is

found may use the same for domestic
purposes without securing a permit,
provided that such use is registered when
required by National Water Resources
Council
(art 6)

 Any person who captures or collects water

by means of cisterns, tanks, or pools shall
have exclusive control over such water
and the right to dispose of the same
(art 7)

Appropriation/use of waters (art 10)

Domestic water drinking, washing,
bathing, cooking or other household
needs, home gardens, and watering of
lawns or domestic animals
Municipal supplying the water
requirements of the community
Irrigation for producing agricultural crops
Power generation-for producing electrical
and mechanical power

 Fisheries propagation and culture of fish as a

commercial enterprise
Livestock raising for large herds or flocks of
animals raised as a commercial enterprise
Industrial factories, industrial plants, and
mines or used as ingredient for finished products
Recreational- swimming pools, bath houses,
boating, water skiing, golf courses, resorts and
places of recreations
Other purposes

 No person including government

instrumentalities or GOCC shall
appropriate water without a water right
which shall be evidenced by a water
permit (only citizens of the Philippines can
apply, duly qualified under the law)
(art 13 and 15)

Use of natural bodies of water

without permit
Appropriation of water by means of handcarried receptacles,
Bathing or washing, watering, or dipping of
domestic or farm animals, and navigation
of watercrafts or transportation of logs and
other objects of flotation

 The measure and limit of appropriation of

water shall be, beneficial use- the
utilization of water in the right amount
during the period that the water is needed
for producing the benefits for which the
water is appropriated (art 20)

 Banks on rivers and streams and the shores of

the seas and lakes throughout the entire length
and within a zone of 3 meters in urban areas, 20
meters in agricultural areas, 40 meters in forest
areas, along their margins are subject to
easement of public use in the interest of
recreation, navigation, floatage, fishing and
salvage. No person shall be allowed to stay in
this zone longer than what is necessary for
recreation, navigation, floatage, fishing or
salvage or to build structures of any kind. (art
51)

 No person shall without prior permission

from the National Pollution Control
Commission, build any works that may
produce dangerous or noxious substances
or perform any act which may result in the
introduction of sewage, industrial waste or
any pollutant into any source of water
supply (Art 75)

 Application of agricultural fertilizers and pesticides may

be prohibited or regulated in the areas where such
application may cause pollution of a source of water
supply (art 78)
Administration of waters and enforcement of the water
code including granting of permits, penalties for
administrative violations vested with National Water
Resources Council who shall have original jurisdiction
over all disputes relating to appropriation, utilization,
exploitation, control, conservation, and protection of
waters within the meaning of this code; appealable to
RTC (art 79-89)

Penal provisions- art 90-94

Penal provisions art 90-94, to be filed
before the appropriate court

case
GR 175550 Dasmarinas v Monterey
(2008)

PROVINCIAL WATER
UTILITIES ACT OF 1973
(LOCAL WATER UTILITIES
AUTHORITY)
PD NO. 198

 Local water utility any district, city,

municipality, province, investor-owned
public utility or cooperative corporation,
which owns or operates a water system
serving an urban center in the Philippines
(sec 3h)
Formation of local water districts Title II
sec 5-47 ; resolution by the legislative
body ; powers of local water districts

 Local water utilities administration serving

as specialized lending institution for the
promotion, development and financing of
local water utilities (title III sec 48-78)
Sec 48 on production assessment
RA 6234 metropolitan waterworks and
sewerage system (MWSS)

Cases

GR 166471 Tawang v La Trinidad (2011)

GR 165993 Merida v Bacarro, et al(2008)
GR 122855 Metro Iloilo v CA (2005)
GR 168914 Metropolitan Cebu v Adala
(2007)

NATIONAL WATER CRISIS

ACT OF 1995
RA 8041

ANTI-PILFERAGE; UNLAWFUL
ACTS (SEC 8)
Destroy, damage or interfere with any canal,
raceway, ditch, lock, pier, inlet, crib, bulkhead,
dam, gate, service, reservoir, aqueduct xxxx or
property of any water utility entity whether public
or private
Do any malicious act which shall injuriously
affect the quantity or quality of water of sewage
flow xxx including the prevention of or
interference with any authorized person
engaged in the discharge of duties connected
therewith

 Prevent, obstruct and interfere with the survey,

works, and construction of access road and
water mains and distribution network and any
related works of the utility entity
Tap, make, or cause to be made any connection
with water lines without prior authority or consent
from the water utility concerned
Tamper, install, or use tampered water meters,
sticks, magnets, reversing water meters,
shortening of vane wheels, and other devices to
steal water or interfere with accurate registry of
metering water usage xxx

 Use or receive the direct benefit of water service

with knowledge that diversion, tampering, or
illegal connection existed at the time of that use
xxxx or without authorization from water utility
Steal or pilfer water meters, main lines, pipes
and related or ancillary facilities
Steal water for profit or resale
Knowingly possess stolen or tampered water
meters
Knowingly or willfully allow the occurrence of any
of the above

Prima facie evidence of pilferage,

etc(sec 9)
Existence of illegal or unauthorized
tapping to the water main or distribution
pipe
Existence of any illegal connection such
as reversed meter xxx
Presence of a bored hole in the glass
cover of the water meter xxx
Presence of tampered or fake seals on the
meters xxx

 Presence of reversed meter in the premises,

insertion of rod wire, or stick in the meter etc
which interferes meter registration
Destruction of the meter protection xxx
Abnormal imprints, traces xxx on meter
assembly
(all inapplicable to tenants who have occupied the
house or dwelling 90 days or less)

Special aggravating circumstances,

sec 10
Act in conspiracy with another
Committed by, in connivance with private
plumber, officer or employee of the water
utility concerned
Violation is coupled with sale from a
source which is illegal xxxxx

Penalties (sec 11)

Disconnection 5 days after service of
notice without need of court order
Sec 8 violation-6 months-2 yrs
imprisonment and a fine not exceeding
double the amount of the value of water
stolen or value of damaged facilities
xxxxxx

 PD 296 Directing persons to renounce

possession of river banks (sec 1 and 2)
Ra 2056 Demolition of structures in
navigable waterways (sec 1 and 3)