Professional Documents
Culture Documents
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.
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 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,
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:
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.
instrumentalities
or
government-owned
or
controlled
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;
b.
Irrigation
c.
Power Generation
d.
Fisheries
e.
Livestock raising
f.
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
Article
33.
Water
contained
in
open
canals,
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)
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.
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.
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
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.
floatable
rivers
are,
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.
for
recreation,
navigation,
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
communication.
Article 54.
Article 55.
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.
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
After
due
notice
and
hearing
when
warranted
by
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.
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
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
Fine
Imprisonment
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
Penalty
irrigation canal.
or imprisonment of 3 to 6 years, or
(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
5 years
or both
Fine of P3,000.00 to P6,000.00
Imprisonment 3 to 6 years
or both
7 years
10
years
or both
the
operation
of
water
districts
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
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:
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.
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:
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.