CH 2
The Water Code of the Philippines
(Presidential Decree 1067)
A law governing the use and ownership
of water in the Philippines. It states that
all waters of the Philippines belong to
the State. Water refers to water under the
ground, water above the ground, water
in the atmosphere and the waters of the
sea within the territorial jurisdiction of
the Philippines.
The existing water legislations before it
were inadequate to cope with increasing
scarcity of water and changing patterns
of water use. That is why there is a need
for a Water Code based on rational
concepts of integrated and multipurpose
management of water resources that are
sufficiently flexible to meet future
developments.
Also water is vital to national
development and it has become
increasingly necessary for the
government to intervene actively in
improving the management of water
resources.
Purpose of Water Code
(a) To declare that all waters belong to
the State, pursuant to Article XIV,
Section 8 of the 1973 Constitution;
(b) To consolidate existing water
legislations to cope with increasing
scarcity of water;
(c) To manage water to adequately meet
the needs of future generations; and
(d) To improve management of water
resources.
National Water Resources Board
History
The predecessor of the NWRB is the
National Water Resources Council
(NWRC), which was created in 1974
under Presidential Decree No. 424,
otherwise known as the Integrated
Reorganization Plan. It was
subsequently renamed as NWRB
pursuant to Executive Order No. 124-A.
Resource Regulator
Based on the principles that:
(a) all water belongs to the State; and
(b) the State may allow the use or
development of its waters by
administrative concession,
the NWRB was instituted as a water
resource regulator tasked to regulate
and control the utilization, exploitation,
development, conservation and
protection of all water resources.
The specific functions of the NWRB, as
a "Water Resource Regulator", include
among others:
(a) The issuance of water permits for the
appropriation, and use of waters; and
(b) The adjudication of disputes relating
to the appropriation, utilization,
exploitation, development, control and
conservation, protection of waters.
NWRB as Economic Regulator for
Waterworks system
Pursuant to PD 1206, the Board of
Power and Waterworks (BPW),
economic regulator for waterworks
systems, was abolished. Its functions
were acquired by the Public Service
Commission and then transferred to
NWRB.
Regulation of Water Tariffs
Pursuant to EO 123, Local Water
Utilities Administration transferred to
NWRB
Powers and Functions of NWRB
1. Administration and enforcement
of the provisions of this Code,
including the granting of
permits and the imposition of
penalties for administrative
violations; except as otherwise
provided by the water code
2. Deputize any official or agency
of the government to perform
any of its specific functions or
activities.
3. Provide a continuing program
for data collection, research and
manpower development needed
for the appropriation, utilization,
exploitation, conservation, and
protection of the water
resources of the country.
4. Promulgate the necessary rules
and regulations which may
provide for penalties consisting
of a fine not exceeding One
Thousand Pesos (P1,000.00)
and/or suspension or revocation
of the water permit or other
right to the use of water.
Acts Punished Under Water Code
ARTICLE 75. 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.
Water pollution is the
impairment of the quality of water
beyond a certain standard. This
standard may vary according to the
use of the water and shall be set by
the National Pollution Control
Commission.
ARTICLE 76. The establishment of
cemeteries and waste disposal areas
that may affect the source of a water
supply or a reservoir for domestic or
municipal use shall be subject to the
rules and regulations promulgated by
the Department of Health.
ARTICLE 77. Tailings from mining
operations and sediments from placer
mining shall not be dumped into
rivers and waterways without prior
permission from the Council upon
recommendation by the National
Pollution Control Commission.
ARTICLE 78. The application of
agricultural fertilizers and pesticides
may be prohibited or regulated by the
National Pollution Control
Commission in the areas where such
application may cause pollution of a
source of water supply.
Penalties
ARTICLE 91. x x x x A fine exceeding
Three Thousand Pesos (P3,000.00) but
not more than Six Thousand Pesos
(P6,000.00) or imprisonment
exceeding three (3) years but not more
than six (6) years, or both such fine
and imprisonment in the discretion of
the Court, shall be imposed on any
person who commits any of the
following acts:
4. Establishment of a cemetery
or a waste disposal area near a source
of water supply or reservoir for
domestic municipal use without
permission.
5. Constructing, without prior
permission of the government agency
concerned, works that produce
dangerous or noxious substances, or
performing acts that result in the
introduction of sewage, industrial
waste, or any substance that pollutes a
source of water supply.
6. Dumping mine tailings and
sediments into rivers or waterways
without permission. x x x x
Jurisdiction of NWRB
Original jurisdiction over all disputes
relating to appropriation, utilization,
exploitation, development, control,
conservation and protection of waters
within the meaning and context of the
provisions of this Code.
Repeals
Article 89 of PD 1067 had long been
rendered inoperative by the passage
of BP 129. Aside from delineating the
jurisdictions of the Court of Appeals
and the RTCs, Section 47 of BP 129
repealed or modified: x x x. [t]he
provisions of Republic Act No. 296,
otherwise known as the Judiciary Act
of 1948, as amended, of Republic Act
No. 5179, as amended, of the Rules of
Court, and of all other statutes, letters
of instructions and general orders or
parts thereof, inconsistent with the
provisions of this Act x x x. (NWRB
vs Ang Network)
Issues faced by NWRB
Enforcement
As of 2010, data from the
Environmental Management Bureau
(EMB) of the Philippines showed that
out of the 127 freshwater bodies that
they sampled, 47% percent were found
to have good water quality. However,
40% of those sampled were found to
have only fair water quality, while 13%
showed poor water quality. In addition,
50 of the 421 rivers in the Philippines
are already considered biologically
dead.
Proposed Ammendments
A draft bill entitled An Act Revising
the Water Code of 1976 and for Other
Purposes. The key proposed
amendments are as follows:
Adoption of practices,
principles embodied in the
Integrated Water Resources
Management (IWRM);
Institutionalization of river
basin organizations (RBOs);
Incorporation of principles of
climate resiliency on resource
regulation;
A new chapter on economic
regulation;
Incorporation of water demand
management principles;
Emphasis on community
partnerships and indigenous
peoples and benefits to host
communities;
 Science-based research and
development needs; and

Improvement in data collection

and disclosure Regional
consultations have been
conducted in Visayas and
Mindanao, specifically in Iloilo
City and Cagayan de Oro City,
respectively.

Conclusion
The Water Code, just like any other
thing through the passage of time, may
become out of tune to the needs of the
Filipino people and the State. At
present, the NWRB conducts scientific
research and collects data to ensure
compliance with regulations imposed on
the use of water. They also use their
studies to determine what other useful
proposals may be made in proposed
legislation. This must be studied closely
by our legislators and if feasible push
through to make such amendments.