You are on page 1of 41

Far Eastern University-Institute of Law

Makati City


The Water Code
PD No. 1067
& Other Laws


Natural Resources and Environmental Law
A.Y. 2016-2017, 1st Semester
Prof. Nina Araneta-Alana, J.D., LL.M.


A Written Report by
Bacani, Clemente, Dangilan
Ferrer, Manzano, Pocot & Uson

A. Preliminary
Governing Law
WATER CODE OF THE PHILIPPINES Amended Implementing Rules and Regulations
Pursuant to the Water Code of the Philippines (the Water Code) vesting upon the
National Water Resources Board (the NWRB) the administration and enforcement of
the provisions thereof, the following rules and regulations are hereby promulgated:
Article 2. The objectives of this Code are:
(a) To establish the basic principles and framework relating to the
appropriation, control and conservation of water resources to achieve the
optimum development and rational utilization of these resources;
(b) To define the extent of the rights and obligations of water users and
owners including the protection and regulation of such rights;
(c) To adopt a basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of water
resources and rights to land related thereto; and
(d) To identify the administrative agencies which will enforce this Code.
Article 2 provides the objectives that is seek by the PD. 1067.
Article 3. The underlying principles of this code are:
(a) All waters belong to the State.
(b) All waters that belong to the State can not be the subject to acquisitive
prescription.

(c) The State may allow the use or development of waters by


administrative concession.
(d) The utilization, exploitation, development, conservation and protection
of water resources shall be subject to the control and regulation of the
government through the National Water Resources Council, hereinafter
referred to as the Council.
(e) Preference in the use and development of waters shall consider
current usages and be responsive to the changing needs of the country.

Article 3 laid down the underlying principles of the Water Code


That s that all the waters belongs to the state, it cannot be acquired through acquisitive
prescription but the state may allo the use or development of waters by administrative
concession. Administrative Cocession means that it grants a one a priviledge in the use
of a resources. The utilization, exploitation, development, conservation and protection of
water resources and lastly the preference in the use and development of waters shall
consider the current usages and be ereponsive to the changing needs of the country
The sub section ( e ) means that the use and development of the water shall be in
accordance to the needs of the people of the Philippines.

Article 4. Waters, as used in this Code, refers to water under the grounds,
water above the ground, water in the atmosphere and the waters of the
sea within the territorial jurisdiction of the Philippines.

Article 4 defines what water the code is pertaining to. The water in this P.D pertains all
waters in the country may it be water underground, above or in the atmosphere.

Article 5. The following 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 such as water flowing over lands,
water from rainfall whether natural, or artificial, and water from agriculture
runoff, seepage and drainage;
(e) Atmospheric water;
(f) Subterranean or ground waters; and,
(g) Seawater.

Article 6. The following waters found on private lands belong to the State:
(a) Continuous or intermittent waters rising on such lands;
(b) Lakes and lagoons naturally occuring on such lands;
(c) Rain water falling on such lands;
(d) Subterranean or ground waters; and,

(e) Water in swamps and marshes.


The owner of the land where the water is found may use the same for
domestic purposes without securing a permit, provided that such use shall
be registered, when required by the Council. The Council, however, may
regulate such when there is wastage, or in times of emergency.
Article 5 & 6 enumerate what kind of waters that belongs to the state. Water
belongs to the state even it is in public or seen inside a private property.
Person may use the water that will be found inside his private property without
securing a permit to the council provided that it is registered when it is required by the
Council.

Article 10. Water may be appropriated for the following purposes:


(a) Domestic
(b) Municipal
(c) Irrigation
(d) Power generation
(e) Fisheries
(f) Livestock raising
(g) Industrial
(h) Recreational, and
(i) Other purposes

Use of water for domestic purposes is the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens, and watering of
lawns or domestic animals.
Use of water for municipal purposes is the utilization of water for supplying the water
requirements of the community.
Use of water for irrigation is the utilization of water for producing agricultural crops.
Use of water for power generation is the utilization of water for producing electrical or
mechanical power.
Use of water for fisheries is the utilization of water for the propagation and culture of fish
as a commercial enterprise.
Use of water for livestock raising is the utilization of water for large herds or flocks of
animals raised as a commercial enterprise.
Use of water for industrial purposes is the utilization of water in factories, industrial
plants and mines, including the use of water as an ingredient of a finished product.
Use of water for recreational purposes is the utilization of water for swimming pools,
bath houses, boating, water skiing, golf courses and other similar facilities in resorts and
other places of recreation.

Article 15. Only citizens of the Philippines, of legal age, as well as juridical
persons, who are duly qualified by law to exploit and develop water
resources, may apply for water permits.
In Article 15. the requirement on who can apply for the Permit is describe as
follows:

Filipino Citizens of legal age; or

Juridical Person who are qualified by law to exploit and develop water resouces

Article 16. Any person who desires to obtain a water permit shall file an
application with the Council who shall make known said application to the
public for any protests.
In determining whether to grant or deny an application, the Council shall
consider the following: protests filed, if any; prior permits granted; the
availability of water; the water supply needed for beneficial use; possible
adverse effects; land-use economics; and other relevant factors.
Upon approval of an application, a water permit shall be issued and
recorded.

Article 17. The right to the use of water is deemed acquired as of the date
of filing of the application for a water permit in case of approved permits,
or as of the date of actual use in a case where no permit is required.

C. Water Rights and Permits


Water right is a privilege to appropriate and use water
Article 13. Except as otherwise herein provided, no person, including
government

instrumentalities

or

government-owned

or

controlled

corporations, shall appropriate water without a water right, which shall be


evidenced by a document known as a water permit.

Water right is the privilege granted by the government to appropriate and use water.
Under Article 13 of the Water Code of the Philippines, without a water right, no
person, including government instrumentalities or government-owned or controlled
corporations, shall appropriate water. A water right is evidenced by a document known
as a water permit. Water right is the privilege granted by the government to appropriate
and use water.
Article 14. Subject to the provisions of this Code concerning the control,
protection, conservation, and regulation of the appropriation and use of
waters, any person may appropriate or use natural bodies of water without
securing a water permit for any of the following:
(a) Appropriation of water by means of handcarried receptacles;
and
(b) Bathing or washing, watering or dipping of domestic or farm
animals, and navigation of watercrafts or transportation of logs and
other objects by flotation.
However, Article 14 provides for the exception of the need to secure a water permit. A
water permit is not needed where (a) Appropriation of water by means of handcarried
receptacles; and (b) Bathing or washing, watering or dipping of domestic or farm
animals, and navigation of watercrafts or transportation of logs and other objects by
flotation.
Article 15. Only citizens of the Philippines, of legal age, as well as juridical
persons, who are duly qualified by law to exploit and develop water
resources, may apply for water permits.
Article 16. Any person who desires to obtain a water permit shall file an
application with the Council who shall make known said application to the
public for any protests.

In determining whether to grant or deny an application, the Council shall consider the
following: protests filed, if any; prior permits granted; the availability of water; the water
supply needed for beneficial use; possible adverse effects; land-use economics; and
other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.
Only Filipino Citizens of legal age, as well as juridical persons, who are duly
authorized by law to exploit and develop water resources, may apply for water permits.
Application of water permits of those who desires to obtain it shall be filed with
the Council, who shall make known to the public for any protest.
The Council shall consider the following in determining whether to grant or deny
an application: protests filed, if any; prior permits granted; the availability of water; the
water supply needed for beneficial use; possible adverse effects; land-use economics;
and other relevant factors.
Article 24. A water right shall be exercised in such a manner that the rights
of third persons or of other appropriators are not prejudiced thereby.
Rights of third persons or of other appropriators shall not be prejudiced in the
exercised of a water right.
RIGHT OF A WATER PERMITTEE TO DEMAND ESTABLISHMENT OF EASEMENTS
Article 25. A holder of water permit may demand the establishment of
easements necessary for the construction and maintenance of the works
and facilities needed for the beneficial use of the waters to be
appropriated subject to the requirements of just compensation and to the
following conditions:
(a) That he is the owner, lessee, mortgagee or one having real right
over the land upon which he proposes to use water; and

(b) That the proposed easement is the most convenient and the
least onerous to the servient estate.
Easements may be modified by agreement of the contracting parties
provided the same is not contrary to law or prejudicial to third persons.
Article 29. Water permits may be revoked after due notice and hearing on
grounds of non-use; gross violation of the conditions imposed in the
permit; unauthorized sale of water; willful failure or refusal to comply with
rules and regulations of any lawful order; pollution, public nuisance or acts
detrimental to public health and safety; when the appropriator is found to
be disqualified under the law to exploit and develop natural resources of
the Philippines; when, in the case, of irrigation, the land is converted to
non-agricultural purposes; and other similar grounds.
REVOCATION OF WATER PERMITS
Under Article 29, Water permits may be revoked after due notice and hearing.
The grounds for revocation are the following:

non-use;

gross violation of the conditions imposed in the permit;

unauthorized sale of water;

willful failure or refusal to comply with rules and regulations of any


lawful order;

pollution, public nuisance or acts detrimental to public health and


safety;

when the appropriator is found to be disqualified under the law to


exploit and develop natural resources of the Philippines;

when, in the case, of irrigation, the land is converted to nonagricultural purposes;

and other similar grounds.

The revocation of water permits is included in the power of the Secretary of


Public Works. R.A. No. 2056 authorizes the removal of unauthorized dikes either as
public nuisances or as prohibited constructions on public navigable streams. The
power of the Secretary of Public Works to investigate and clear public streams free from
unauthorized encroachments and obstructions was granted as far back as Act. No.
3208 of the old Philippine Legislature, and has been upheld by the Court in the case of
Lovina vs. Moreno.

In the case of Lovina vs. Moreno:


This case involved a creek, located inside a titled land, which was alleged to be
privately owned. The Public Works Secretary declared it as part of a public
stream which plaintiffs therein had blocked with their dams. The Court remarked
there that although the title was silent as to the existence of any stream inside
the property, that did not confer a right to the stream, it being of a public nature
and not subject to private appropriation, even by prescription. In sustaining the
Secretary, the Court there ruled that such fact-finding power on his part was
merely incidental to his duly to clear all navigable streams of unauthorized
obstructions and, hence, its grant did not constitute an unlawful delegation of
judicial power.

D. Utilization, Order of Preference and Conditions for the Use of Waters


Order of preference in the use of waters.

PD 1067, Art 95, par. 2 provides:


When the priority in time of appropriation from a
certain source of supply cannot be determined, the
order of preference in the use of the waters shall be
as follows:
a.

Domestic and municipal use

b.

Irrigation

c.

Power Generation

d.

Fisheries

e.

Livestock raising

f.

Industrial use, and

g.

Other uses.

The Water Code provides for the default order of preference in the use of waters.
This provision applies when the priority for the use of a certain water supply cannot be
determined at the time of appropriation. In other words, when at the time of acquisition
of rights over the use of waters or taking or diversion of waters from its natural source,
the use of such waters cannot be determined, the framework given in Art. 95 paragraph
2 shall be followed.
Utilization of waters.
Article 31. Preference in the development of water
resources shall consider security of the State,
multiple use, beneficial effects, adverse effects
and costs of development.
Article 31 of the Water Code provides for considerations to
be take into account as to which is to be preferred over the others
in the development of water resources.
Article 32. 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 not adversely
affected by an inferior right in the other.
For this purpose, the Council shall promulgate
rules and regulations and declare the existence of
control areas for the coordinated development,
protection, and utilization of subterranean or
ground water and surface waters.
Control area is an area of land where subterranean
or ground water and surface water are so
interrelated that withdrawal and use in one
similarly affects the other. The boundary of a
control area may be altered from time to time, as
circumstances warrant.
In Article 32 par. 1, it contemplates the utilization of ground water and its
coordination with surface waters. No superior right of one should adversely affect
the inferior right of the other. This simply means that even if one right is superior,
it should not negate the inferior right of the other as both rights are existing or, in
other words are, interrelated.
To this end, Art 32 mandates that the National Water Resources Council
is to promulgate such rules and regulations as to protect control areas. A control
area is an area where the ground and surface water are interrelated that they
affect each other.

Article

33.

Water

contained

in

open

canals,

aqueducts or reservoirs of private persons may be


used by any person for domestic purpose or for
watering plants as long as the water is withdrawn by

manual methods without checking the stream or


damaging the canal, aqueduct or reservoir; Provided,
that this right may be restricted by the owner
should it result in loss or injury to him.
Article 33 provides for the use of waters in open canals, aqueducts or
reservoirs of private persons which may be used for watering plants by manual
methods without damaging its source. However, this is subject to the restrictions
should there be loss or injury to the owner.
Prohibitions and conditions for use of waters.
The following are prohibitions and conditions provided
by the law:
Article 40. No excavation for the purpose of emission
of a hot spring or for the enlargement of the existing
opening thereof shall be made without prior permit.
Any person or agency who intends to develop a hot
spring for human consumption must first obtain a
permit from the Department of Health.
Article 41. No person shall develop a stream, lake, or
spring for recreational purposes without first securing
a permit from the Council.
Article 42. Unless otherwise ordered by the President
of the Philippines and only in time of national calamity
or emergency, no person shall induce or restrain
rainfall by any method such as cloud seeding without
a permit from the proper government agency.

Article 43. No person shall raise or lower the water


level of a river stream, lake, lagoon, or marsh nor
drain the same without a permit.
Article 44. Drainage systems shall be so constructed
that their outlets are rivers, lakes, the sea, natural
bodies of water, or such other water course as may
be approved by the proper government agency.
Article 46. When artificial means are employed to
drain water from higher to lower land, the owner of the
higher land shall select the routes and methods of
drainage that will cause the minimum damage to the
lower lands, subject to the requirements of just
compensation.
Article 47. When the use, conveyance or storage of
waters results in damage to another, the person
responsible for the damage shall pay compensation.
Article 49. Any person having an easement for an
aqueduct may enter upon the servient land for the
purpose of cleaning, repairing or replacing the
aqueduct or the removal of obstructions therefrom.
Article 50. Lower estates are obliged to receive the
waters which naturally and without the intervention of
man flow from the higher estate, as well as the stone
or earth which they carry with them.
The owner of the lower estate cannot construct works
which will impede this natural flow, unless he provides
an alternative method of drainage; neither can the

owner of the higher estate make works which will


increase this natural flow.
Article 51. The banks of rivers and streams and the
shores of the seas and lakes throughout their entire
length and within a zone of three (3) meters in urban
areas, twenty (20) meters in agricultural areas and
forty (40) meters in forest areas, along their margins
are subject to the 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.
In summary the following are the prohibitions (Arts. 40-43):
1. Prohibition on excavation for the purpose of emission of a hot spring or for
the enlargement of the existing opening unless there is a permit. For hot
spring, permit from DOH is necessary.
2. Prohibition on developing a stream, lake, or spring for recreational
purposes without permit from the Council.
3. Prohibition on cloud seeding unless ordered by the President in times of
calamity and/or emergency with permit from proper government agency.
4. Prohibition on raising or lowering the water level of a river, stream, lake,
lagoon, or marsh nor drain the same without a permit.
In summary the following are conditions imposed for the use of waters (Arts. 44,
46, 47, 49-51):
1. Drainage systems shall be so constructed that their outlets are rivers,
lakes, the sea, natural bodies of water, or such other water course as may
be approved by the proper government agency.

2. When artificial means are employed to drain water from higher to lower
land, the owner of the higher land shall select the routes and methods of
drainage that will cause the minimum damage to the lower lands, subject to
the requirements of just compensation.
3. When the use, conveyance or storage of waters results in damage to
another, the persona responsible for the damage shall pay compensation.
4. Any person having an easement for an aqueduct may enter upon the
servient land for the purpose of cleaning, repairing or replacing the
aqueduct or the removal of obstructions therefrom.
5. Lower estates are obliged to receive the waters which naturally and without the
intervention of man flow from the higher estate, as well as the stone earth which
they carry with them.
The owner of the lower estate cannot construct works which will impede this
natural flow, unless he provides that an alternative method of drainage; neither
can the owner of the higher estate make works which will increase this natural
flow.
6. The banks of rivers and streams and the shores of the seas and lakes throughout
the entire length and within the zone of three (3) meters in urban areas, twenty
(20) meters in agricultural areas and forty (40) meters in forest areas, along their
margins are subject to the 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.
Easement
An easement is an encumbrance imposed upon an immovable for the benefit of
another immovable belonging to a different owner.
The following are provisions of the Civil Code on legal
easements relating to waters:
1. Natural Drainage of lands (Art. 637)

2. Natural Drainage of buildings (Art. 674)


3. Easements on riparian banks for navigation, floatage,
fishing and salvage (Art. 638)
4. Easement of a dam (Art. 639, 647)
5. Easement for drawing water or for watering animals
(Arts. 640, 641)
6. Easement of aqueduct (Arts. 643-646)
7. Easement for the construction of a stop lock or sluice
gate (Art. 647)

The New Civil Code

The Water Code

Art. 637. Lower estates are obliged to Art. 50. Lower estates are obliged to
receive the waters which naturally and receive the waters which naturally and
without the intervention of man descend without the intervention of man flow from
from the higher estates as well as the the higher estate, as well as the stone
stones or earth which carry with them.

earth which they carry with them.

The owner of the lower estate cannot The owner of the lower estate cannot
construct works which will impede this construct works which will impede this
easement; neither can the owner of the natural flow, unless he provides that an
higher estate make works which will alternative method of drainage; neither
increase the burden.

can the owner of the higher estate make


works which will increase this natural
flow.

The Civil Code and the Water Code both provide that lower estates are obliged
to receive the water which naturally flow from higher estates. The Water Code however
provides a qualification that allows the lower estate to construct works which will impede
such natural flow but must provide an alternative method of drainage. The owner of the
higher estate cannot construct works as well which will increase the burden on owners
of lower estate or will increase this natural flow which will cause damage to such owners
in which case, the lower or servient estate is entitled to compensation. Art. 50 of the
Water Code supersedes Art. 637 of the Civil Code.
The New Civil Code

The Water Code

Art. 638. The banks of rivers and Article 51. The banks of rivers and
streams, even in case they are of private streams and the shores of the seas and
ownership, are subject throughout their lakes throughout their entire length and
entire length and within a zone of three within a zone of
(3) meters along their margins, to the
easement of use in the general interest of
navigation, floatage, fishing and salvage.

1. three (3) meters in urban areas,


2. twenty (20) meters in agricultural
areas, and
3. forty (40) meters in forest areas,

Estates adjoining the banks of navigable


or

floatable

rivers

are,

furthermore, along their margins are subject to the

subject to the easements of towpath for easement of public use in the interest of
the exclusive service of river navigation recreation, navigation, floatage, fishing
and floatage.

and salvage. No person shall be allowed


to stay in this zone longer than what is
necessary

for

recreation,

navigation,

If it be necessary for such purpose to floatage, fishing or salvage or to build


occupy lands of private ownership, the structures of any kind.
proper indemnity shall first be paid.

The Civil Code and the Water Code provide that private owned banks of rivers,
streams, are subject throughout their entire length and within a zone provided by each
law to the easement of general interest or public navigation, recreation, floatage, fishing,
and salvage. It is important to note that in the Water Code, the zoning for each type of
are along the margins subject to easements are specified. It is also prohibited by the
Water Code to stay in said zones longer than necessary for such purposes or to build
structures of any kind.

Case:
(Remman Enterprises vs. Court of Appeals and Crispin E. Lat)
Facts:
REMMAN ENTERPRISES, INC. (REMMAN), and CRISPIN E. LAT are adjoining
landowners in Barangay Bugtong Na Pulo, Lipa City. The land of Lat containing an area
of 1.8 hectares is agricultural and planted mostly with fruit trees while REMMAN
occupies a land area of fifteen (15) hectares six (6) hectares of which are devoted to its
piggery business. REMMANs land is one and a half (1 1/2) meters higher in elevation
than that of respondent Lat.
Lat noticed that REMMANs waste disposal lagoon was already overflowing and
inundating one-fourth (1/4) of Lats plantation. He made several representations with
REMMAN but they fell on deaf ears.
After almost one (1) hectare of Lats plantation was already inundated with water
containing pig manure, as a result of which the trees growing on the flooded portion
started to wither and die.

Lat filed a complaint for damages with preliminary mandatory injunction against
REMMAN. Lat alleged that the acidity of the soil in his plantation increased because of
the overflow of the water heavy with pig manure from REMMANs piggery farm.
REMMAN denied all the allegations of Lat and raised as an affirmative defense
that measures such as the construction of additional lagoons were already adopted to
contain the waste water coming from its piggery to prevent any damage to the adjoining
estates.
The RTC found that REMMANs waste disposal lagoon overflowed which
contaminated the water in Lats plantation.
The CA affirmed in toto the decision of the court a quo.
Issue:
Whether or not REMMAN is liable for the damage and destruction on the estate of Lat.
Held:
The Court found that REMMAN is in fact liable.
Upon ocular inspection, it was established that pig manure was continuously flowing
from REMMANs piggery farm to Lats plantation.
The water was ankle-deep and flooded one (1) hectare of Lats plantation. The overflow
of the acidic, malodorous and polluted water continued from June 1984 to March 1985
thus destroying one (1) jackfruit tree, fifteen (15) coconut trees, one hundred and
twenty-two (122) coffee trees, and an unspecified number of mango trees, bananas and
vegetables.
In addition, the CA found that there was indeed negligence on the part of REMMAN
which directly caused the damage to the plantation.
As held by the CA, appellant cannot avoid liability because their negligence was the
proximate cause of the damage. Appellees property was practically made a catch-basin
of polluted water and other noxious substances emptying from appellants piggery which

could have been prevented had it not been for the negligence of appellant arising from
its failure to:
(a) Monitor the increases in the level of water in the lagoons before, during and after
the heavy downpours which occurred during the rainy months of 1984;
(b) Augment the existing lagoons prior to the incident, notwithstanding the fact that
at the time of the flooding, the piggery had grown and considering that it was
reasonably forseeable that the existing waste disposal facilities were no longer
adequate to accomodate the increasing volume of waste matters in such a big
farm; and
(c) Comply with their promise to appellee.
REMMAN cannot escape liability by claiming that there was a fortuitous event due to
the heavy downpours during the previous year.
As held previous in a case by the Court, even assuming that the heavy rains constituted
an act of God, by reason of their negligence, the fortuitous event became humanized,
rendering appellants liable for the ensuing damages.
Finally, as regards the natural easement imposed by the property of REMMAN, the
Court compared the two (2) similar provisions of, Art. 637 of the Civil Code and Art. 50
of the Water Code.
Doctrine:
As interpreted by the Court, the two (2) aforecited provisions impose a natural
easement upon the lower estate to receive the waters which naturally and without the
intervention of man descend from higher estates. But, where the waters which flow from
a higher estate are those which are artificially collected in manmade lagoons, any
damage occasioned thereby entitles the owner of the lower or servient estate to
compensation.

E. CONTROL OF WATERS

Flood control areas


Article 53.

Declaration of secretary of public works, transportation and

communication.
Article 54.

promulgation of rules and regulations.

Article 55.

construction of necessary flood control structures

Rivers, lakes and lagoons


Article 59.

upon recommendation of the Philippine coast guard, be

declared navigable either in whole or in part.


In lovina vs. Moreno case, the court upheld that the secretary of public works and
communications has the power under Republic Act No. 2056 which involves the
determination of some questions of fact, such as the existence of the stream and its
previous navigable character; but these functions, whether judicial or quasi-judicial,
are merely incidental to the exercise of the power granted by law to clear
navigable streams of unauthorized obstructions or encroachments, and authorities
are clear that they are, validly conferrable upon executive officials provided the party
affected is given opportunity to be heard.
River beds, sandbars and tidal flats
Article 56.

may not be cultivated except upon prior permission from the

secretary of the department of public works, transportation and


communication.
Such permission shall not be granted where cultivation obstructs flow of water or
increase flood levels as to cause damage to other areas.
Change of course of rivers
Article 58.

effects of sudden change in the course of a river or stream

traversing into a private land

Owners may not compel government to restore the river to its former bed
Owners cannot restrain the government from taking steps to revert the river or
stream to its former course
Owners are not entitled to compensation for any damage sustained
Owners of the new bed shall be the owners of the abandoned bed in proportion to
the area lost by each
Owners may undertake to return the river or stream to its old bed at their own
expense provided they secure a permit and the work must commenced within two
years from the change in the course of the river or stream.
Erection of levees
Article 57.

Any person may erect levees or revetments to protect

his property from flood, encroachment by the river or change in the


course of the river, provided that such constructions does not cause
damage to the property of another.
Reservoirs
Article 62.

Waters of a stream may be stored in a reservoir by a

permittee in such amount as will not prejudice the right of any


permittee downstream. Whoever operates the reservoir shall, when
required, release water for minimum stream flow.
Drilling for subterranean or groundwater
Article 64.

duties of the council for drilling subterranean or

groundwater:
The Council shall approve the manner, location, depth, and spacing
in which borings for subterranean or ground water may be made,
determine the requirements for the registration of every boring or
alteration to existing borings as well as other control measures for

the exploitation of subterranean or ground water resources, in


coordination with the Professional Regulation Commission prescribe
the qualifications of those who would drill such borings.
Easement of aqueduct
Article 642 of the civil code provides: Any person who may wish to use
upon his own estate any water of which he can dispose shall have the
right to make it flow through the intervening estates, with the
obligation to indemnify their owners, as well as the owners of the lower
estates upon which the waters may filter or descend

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND


RELATED LAND RESOURCES (PD No. 1067 arts. 66-78):
Establishment of stream flows and water levels
Article 66.

After

due

notice

and

hearing

when

warranted

by

circumstances, minimum stream flows for rivers and streams, and


minimum water levels for lakes may be established by the Council
under such conditions as may be necessary for the protection of the
environment, control of pollution, navigation, prevention of salt damage,
and general public use.
Conservation measures
Article 67. Watershed or any area adjacent to any surface water or
overlying any ground water.
Article 68. duty of a person in control of a well
Article 69. Duty of a person in control of a well containing water with
minerals or substances injurious to man, animals, agriculture or vegetation
Article 71. Water conservation and usage for irrigation purposes

Article 67. Watershed or any area adjacent to any surface water or


overlying any ground water.
Article 68. Duty of a person in control of a well
Article 69. Duty of a person in control of a well containing water with
minerals or substances injurious to man, animals, agriculture or vegetation
Article 71. Water conservation and usage for irrigation purposes
WATERSHEDS DECLARED AS PROTECTED AREA
(STA. ROSA DEVELOPMENT CORPORATION VS. COURT OF APPEALS)
lands classified as non-agricultural prior to the effectivity of the CARL may not
be compulsorily acquired for distribution to farmer beneficiaries
We cannot ignore the fact that the disputed parcels of land form a vital part of an
area that need to be protected for watershed purposes.
Watershed is defined as an area drained by a river and its tributaries and
enclosed by a boundary or divide which separates it from adjacent watersheds.
The Casile and Kabanga-an watershedS IS considered a most vital life support
system to thousands of inhabitants directly and indirectly affected by it. From
these watersheds come the natural God-given precious resource water. x x x x x
Clearing and tilling of the lands are totally inconsistent with sound watershed
management. More so, the introduction of earth disturbing activities like road
building and erection of permanent infrastructures, Unless the pernicious
agricultural activities of the Casile farmers are immediately stopped, it would not
be long before these watersheds would cease to be of value. The impact of
watershed degredation threatens the livelihood of thousands of people
dependent upon it. Toward this, we hope that an acceptable comprehensive
watershed development policy and program be immediately formulated and
implemented before the irreversible damage finally happens.

It is the opinion of this office that the area in question must be maintained for
watershed purposes for ecological and environmental considerations, among
others. Although the 88 families who are the proposed CARP beneficiaries will be
affected, it is important that a larger view of the situation be taken as one should
also consider the adverse effect on thousands of residents downstream if the
watershed will not be protected and maintained for watershed purposes.
The most important product of a watershed is water which is one of the most
important human necessity. The protection of watersheds ensures an adequate
supply of water for future generations and the control of flashfloods that not only
damage property but cause loss of lives. Protection of watersheds is an
intergenerational responsibility that needs to be answered now.
Other cases involving watershed protection:
(Collado vs court of appeals)
a watershed reservation was no longer susceptible of occupancy, disposition,
conveyance or alienation. Section 48 (b) of CA 141, as amended, applies
exclusively to alienable and disposable public agricultural land. Forest lands,
including watershed reservations, are excluded. It is axiomatic that the
possession of forest lands or other inalienable public lands cannot ripen into
private ownership
(Tan vs. director of forestry)
A timber license which comprises a watershed area can be withdrawn by the
director of forestry when public interests or public welfare so requires. This is to
protect watersheds that were wantonly deforested due to uncontrolled timber
cutting by licensed concessionaries and illegal loggers.

F. NATIONAL WATER RESOURCES COUNCIL


National Water Resources Council (NWRC)

It is a regulatory and executor agency created under Presidential Decree No. 424
Its powers
A. Regulatory and Executory:
a. Coordinate and integrate, on a sound and logical basis, water resources
development activities of the country within the context of national plans
and policies for social and economic development;
b. Determine, adjudicate, and grant water rights amending, for this
purpose, Act No. 2152, and other laws relating to the appropriation and
utilization of surface ground water;
c. Formulate and promulgate:
1) General criteria, methods, and standards for basic data
collection, project investigation, formulation, planning and design,
and feasibility evaluation; and
2) Rules and regulation for the exploitation and optimum utilization
of water resources, including the imposition on water appropriators
of such fees or charges as may be deemed necessary by the
council for water resources development;
d. Review and approve water resources development plans and programs
of any agency within the context of the overall national plans and program;
e. Undertake river basin survey, inventory and appraisal of water and
related resources and develop comprehensive basin-wide of storage and
control to maximize the conservation and multi-purpose use of water in the
basin;
f. Undertake hydrologic surveys and establish, operate and maintain
observation station networks and a centralized water resources data

center necessary for the scientific survey and appraisal of surface and
ground water potentials of the country; and
g. Conduct and/or promote special studies and researches with other
government or private agencies on all related aspects of water resources
development such as weather modification, environmental quality,
desalination, and the like
B. Advisory and Recommendatory:
a. Appraise and/or advise the National Economic and Development
Authority (NEDA) on matters pertaining to water resources development
projects and programs;
b. Recommend to NEDA the adoption of general policies and guidelines
and short/long range plans and programs for water resources
development.
Its Functions and duties
a) Adminisiter and enforce the provisions under the code
b) Grant permit
c) Imposition of administrative violations
d) Promulgate necessary rules
e) Impose and collect reasonable fees and charges for water resources
development (except for purely domestic)
Composition of the Council
Secretary, Department of Public Works, Transportation and Communications
(Chairman)
Secretary Department of Agriculture and Natural Resources, or his
Undersecretary

Director General, National Economic & Development Authority, or his Deputy


Administrator, National Irrigation Administration
General Manager, National Power Corporation
Director, Bureau of Public Works

Jurisdiction
Under art 88 of pd no. 1067, the council have original jurisdiction over all disputes
relating to water:
1. appropriation
2. utilization
3. exploitation
4. development
5. control
6. conservation
7. protection
Regular courts jurisdiction
If the case involves the settlement of water rights dispute, the court has
jurisdiction
Except: quasi-delict cases (abe-abe vs. manta and tanjay water district vs.
gabatan)
Rule on Exhaustion of Administrative agencies

Administrative remedies shall be first exhausted when suit involves appropriation,


utilization, exploitation, development, control, conservation and protection of
water. Otherwise, the court will dismiss such case upon filing.
Appeal to the court of appeals
The court of appeals has exclusive jurisdiction over quasi-judicial agencies under
rule 43 of the Rules of Court.

G. PENAL PROVISION (Articles 90 94)


Penalties
Penalties for violators of the prohibited acts are:

Suspension of water permit or other right to use water

Revocation of water permit or other right to use water

Fine

Imprisonment

Deportation (For aliens)

Dissolution or suspension (For juridical persons)

Penalized Acts
Articles 90 and 91 of P.D. 1067 enumerates the acts which may be penalized under the
code.
Only licensee or grantee of water rights can be liable for Art. 90, the commission
these prohibited acts will be tantamount revocation or suspension of the water license
or water grant issued to him.
a. Appropriation of subterranean or ground water for domestic use
b. Non-observance of any standard of beneficial use of water
c. Failure to keep a record of water withdrawal
d. Failure to comply with any of the terms or conditions in the permit

e. Unauthorized use of water for other purposes


f. Construction or repair of any hydraulic work or structure without approved plans
g. Failure to install a regulating and measuring device for water control
h. Unauthorized sale, lease, or transfer of water
i. Failure to provide adequate facilities to prevent or control diseases
j.

Drilling of a well without permission of the Council

k. Utilization of an existing well or ponding or spreading of water for recharging


subterranean or ground water supplies without permission of the Council
l. Violation of or non-compliance with any order, rules, or regulations of the Council
m. Illegal taking or diversion of water in an open canal, aqueduct or reservoir
n. Malicious destruction of hydraulic works or structure valued at not exceeding
P5,000.00
On the other hand, prohibited acts under Art. 91 can be committed by any person, not
just any licensee. There are 13 acts punishable under this article with three different
degrees of penalty.
Penalized Acts

Penalty

1. Appropriation of water without a water


permit, unless such person is expressly
exempted from securing a permit by the
provisions of this Code.
2. Unauthorized obstruction of an

A fine of not exceeding 3,000 pesos or

irrigation canal.

imprisonment for not more than 3


years, or both, in the discretion of the
Court

3. Cultivation of a river bed, sand bar or


tidal flat without permission.
4. Malicious destruction of hydraulic
works or structure valued at not
exceeding Twenty-Five Thousand Pesos
(P25,000.00)

5. Distribution for public consumption of


water which adversely affects the health
and safety of the public.
6. Excavation or enlargement of the
opening of a hot spring without
permission.
7. Unauthorized obstruction of a river or
waterway, or occupancy of a river bank or
seashore without permission.
8. Establishment of a cemetery or a
waste disposal area near a source of
water supply or reservoir for domestic
municipal use without permission.
9. Constructing, without prior permission

A fine exceeding 3,000 to 6,000 pesos

of the government agency concerned,

or imprisonment of 3 to 6 years, or

works that produce dangerous or noxious

both, in the discretion of the Court

substances, or performing acts that result


in the introduction of sewage, industrial
waste, or any substance that pollutes a
source of water supply.
10. Dumping mine tailings and sediments
into rivers of waterways without
permission.
11. Malicious destruction of hydraulic
works or structure valued more than
Twenty-Five Thousand Pesos
(P25,000.00) but at not exceeding One
Hundred Thousand Peso (100,000.00).
12. Misrepresentation of citizenship in
order to qualify for water permit.

13. Malicious destruction of a hydraulic

A fine of 6,000 to 10,000 pesos or

works or structure, valued at more than

imprisonment of 6 to 12 years, or both,

One Hundred Thousand Pesos

in the discretion of the Court

(P100,000.00)

Criminal action under the Code shall be brought before the proper court (Art. 93),
without prejudice to the filing of a civil action.
If committed by juridical persons, the penalty shall be imposed upon its
president, general managers or other guilty officers and employees. In the case of
aliens, he shall be deported immediately after serving his sentence without deportation
proceedings.
The dissolution of the violating corporation, trust, firm, partnership, association or
juridical person may be ordered by the court upon petition by the prosecution after due
hearing and when public interest so requires.

Prescription
The Statute of Limitations of the Water Code is found on Art. 94.
Actions for offenses punishable of:

Period

Fine of not more than P3,000.00


Imprisonment of not more than 3 years

5 years

or both
Fine of P3,000.00 to P6,000.00
Imprisonment 3 to 6 years
or both

7 years

Fine P6,000.00 to P10,000.00


Imprisonment 6 to 12 years

10
years

or both

H. Water Districts (P.D. 198)


Creation
Presidential Decree NO. 198, or the Provincial Water Utilities Act of 1973:
Authorizes the formation of water districts
Lays down powers and functions of water districts
Governs

the

operation

of

water

districts

Once a water district is formed or created, it shall be subject to the


provisions the Presidential Decree and shall not be under the jurisdiction of any
political subdivision. By virtue of PD 198, local water districts exists.
Nature
In the case of Feliciano vs. Gison, the Supreme Court clarified the issue of
whether local water districts should be treated as private corporations and not as
GOCCs with special charter. The Court ruled that LWDs are government-owned
and controlled corporation with a special charter since it is created pursuant to a
special law.

Case
(Feliciano vs. Gison 629 SCRA 103)
Facts:
In this case, the General Manager of the Leyte
Metropolitan Water District filed an appeal to the Secretary of
Finance claiming that water districts are private corporations
and are entitled to certain tax exemptions under the law. It
also contends that PD 198 is not an original charter but a
general act authorizing the formation of water districts on a
local option basis, similar to the Corporation Code.
Issue: Nature and classification of Water Districts and PD
198 creating it.
Held:
Obviously,

local

water

districts

are

not

private

corporations because they are not created under the


Corporation Code, they were created pursuant to a special
law and are governed primarily by its provision. LWDs have
no articles of incorporation, no incorporators and no
stockholders or members. There are no stockholders or
members to elect the board directors of LWDs as in the case
of all corporations registered with the Securities and
Exchange Commission. The local mayor or the provincial
governor appoints the directors of LWDs for a fixed term of
office.
Unlike private corporations that derive their legal
existence and power from the Corporation Code, water

districts derive their legal existence and power from P.D. No.
198. Section 6 of the decree in fact provides that water
districts shall exercise the powers, rights and privileges given
to private corporations under existing laws, in addition to the
powers granted in, and subject to such restrictions imposed
under this Act. Therefore, water districts would not have
corporate powers without P.D. No. 198.
Quasi-public Corporations
Juridical entities created and organised under PD 198 are considered
quasi-public corporations and shall perform public services and provide public
needs and wants. They may exercise the power of eminent subject to review by
the Administration. They may exercise the powers, rights and privileges given to
private corporations under existing laws.

Functions
The primary function of these water districts is to:

Sell water to residents within their territory, under


such schedules of rates and charges as may be
determined

Maintain all watersheds within their territorial


boundaries

Safeguard and protect the use of the waters


therein

Supervise and control structures within their


service areas

Prohibit any person from selling or otherwise


disposing of water for public purposes within their
service areas where district facilities are available
to provide such service

Formation
To form a water district, the city or municipality must issue a resolution
creating it. Section 6 provides, To form a district, the legislative body of any city,
municipality or province shall enact a resolution.
Contents of the resolution:
1. The name of the local water district, which shall include
the name of the city, municipality, or province, or region
thereof, served by said system, followed by the words
"Water District"
2. A description of the boundary of the district. In the case of
a city or municipality, such boundary may include all lands
within the city or municipality. A district may include one or
more municipalities, cities or provinces, or portions thereof
3. A statement of intent to transfer any and all waterworks
and/or sewerage facilities owned by such city, municipality
or province to such district pursuant to a contract
authorized by Section 31 (b) of this Title.
4. A statement identifying the purpose for which the district
is formed, which shall include those purposes outlined in
Section 5 above.

5. The names of the initial directors of the district with the


date of expiration of term of office for each.
6. A statement that the district may only be dissolved on the
grounds and under the conditions set forth in Section 44 of
this Title.
7. A statement acknowledging the powers, rights and
obligations as set forth in Section 36 of this Title.

More than one city or municipality can share in one water district. Sec. 6
further provides, If two or more cities, municipalities or provinces, or any
combination thereof, desire to form a single district, a similar resolution shall be
adopted in each city, municipality and province.
Filing of Resolution
A certified copy of the resolution or resolution forming a district shall be
forwarded to the Office of the Secretary of the Administration. If found by the
Administration to conform to the requirements of Section 6 and the policy
objectives in Section 2, the resolution shall be duly filed. The district shall be
deemed duly formed and existing upon the date of such filing. A certified copy of
said resolution showing the filing stamp of the Administration, shall be maintained
in the Office of the district (Sec. 7).
Dissolution
In a same way as its formation, a district may be dissolved only by a
resolution of its board of directors filed in the manner of filing the resolution
forming the district in accordance to the following circumstances:

1. Another public entity has acquired the


assets of the district and has assumed
all obligations and liabilities attached
thereto
2. That all bondholders and other creditors
have been notified and they consent to
said transfer and dissolution
3. That a court of competent jurisdiction has
found that said transfer and dissolution
are in the best interest interest of the
public
Venue
Local Water Utilities Administration - When done voluntarily
Regional Trial Court - When compelled by a mandamus
Sample Water District Map (Metro Manila)

I. The Local Water Utilities Administration (LWUA)

The Provincial Water Utilities Act of 1973 (PD No. 198) created the Local Water Utilities
Administration (LWUA) which is a chartered, government corporation and is primarily a
specialized lending institution for the promotion, development and financing local water
utilities. It has the power to:
a) Prescribe minimum standards and regulations in order to assure acceptable
standards of construction materials and supplies, maintenance, operation,
personnel training, accounting and fiscal practices for local water utilities;
b) Furnish technical assistance and personnel training programs for local water
utilities;
c) Monitor and evaluate local water standards;
d) Effect system integration, joint investment and operation, district annexation
and deannexation whenever economically warranted.
It also has the quasi-judicial power only as regarding rates or charges fixed by water
districts.
LWUA has control or supervision over:
a) Activities of water districts (such as selling water and fixing rates and charges
therefor);
b) Management, administration, operation and maintenance of watersheds
within its territorial boundaries;
c) Safeguarding and protection of the use of waters therein;
d) Supervision and control of structures within the service areas of the district;
e) Prohibition of any person from selling or otherwise disposing of water for
public purposes within their service areas where district facilities are available
to provide such service.

You might also like