MALACAÑANG

Manila

PRESIDENTIAL DECREE No. 1067 December 31, 1976

A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND

CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION,
UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND
PROTECTION OF WATER RESOURCES

WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines provides,
inter alia, that all waters of the Philippines belong to the State;

WHEREAS, existing water legislations are piece-meal and inadequate to cope with
increasing scarcity of water and changing patterns of water use;

WHEREAS, there is a need for a Water Code based on rational concepts or integrated
and multipurpose management of water resources and sufficiently flexible to adequately
meet future developments;

WHEREAS, water is vital to national development and it has become increasingly

necessary for government to intervene actively in improving the management of water
resources;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers in me vested by the Constitution, do hereby order and decree the
enactment of the water Code of the Philippines of 1976, as follows:

CHAPTER I
DECLARATION OF OBJECTIVES AND PRINCIPLES

Article 1. This Code shall be known as The Water Code of the Philippines.

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 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 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.

CHAPTER II
OWNERSHIP OF WATERS

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 7. Subject to the provisions of this Code, any person who captures or collects
water by means of cisterns, tanks, or pools shall have exclusive control over such water
and the right to dispose of the same.

Article 8. Water legally appropriated shall be subject to the control of the appropriator
from the moment it reaches the appropriator's canal or aqueduct leading to the place
where the water will be used or stored and, thereafter, so long as it is being beneficially
used for the purposes for which it was appropriated.

PRESIDENTIAL DECREE No. 296 September 18, 1973

DIRECTING ALL PERSONS, NATURAL OR JURIDICAL, TO RENOUNCE

POSSESSION AND MOVE OUT OF PORTIONS OF RIVERS, CREEKS, ESTEROS,
DRAINAGE CHANNELS AND OTHER SIMILAR WATERWAYS ENCROACHED UPON
BY THEM AND PRESCRIBING PENALTY FOR VIOLATION HEREOF

WHEREAS, floods are among the most destructive of natural calamities, in the wake of
chain reactions invariably lead to misery, pestilence, privation, hunger and want;

WHEREAS, the ever-worsening floods in the country today are to a great extent caused
by unabated illegal encroachments on rivers, creeks, esteros and other drainage channels,
resulting in the constriction and partial or complete closure thereof and the corresponding
reduction of drainage capacity;

WHEREAS, such illegal encroachments have been prevalent in the past by enlarging the
areas covered by titles or certificates of ownership brought about by consolidation and
subdivision surveys and resurveys;

WHEREAS, in the interest of the general public it is imperative that such portions of the
public domain illegaly acquired must be returned to the State for the purpose which nature
has intended for them; and

WHEREAS, past experiences show that reacquisition or expropriation proceedings have

been slow and tedious, dragging on for years to the detriment of the general welfare;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed
Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21,
1972, and General Order No. 1 dated September 22, 1972, do hereby order and decree
the following:

Section 1. Any person, whether natural or juridical, who, prior to the promulgation of this
decree, may be introduced improvements on or reclaimed and occupied portions of rivers,
creeks, esteros or drainage channels, is hereby directed to report to the Secretary of
Public Works, Transportation and Communications, through the Director of Public Works,
any and all such improvements, reclamation or encroachments and to renounce
possession thereof, or demolish structures or improvements which to the promulgation of
this decree, may have introduced tend to obstruct the flow of water through rivers, creeks,
esteros and drainage channels, within ninety (90) days from the effectivity of this Decree.
Section 2. Non-compliance with the provisions of this Decree shall be punished by a fine
of not less than five thousand pesos nor more than ten thousand pesos or imprisonment
for not less than two years nor more than ten years, or both such fine and imprisonment,
in the discretion of the court: Provided, That if the offender is a corporation, firm,
partnership or association, the penalty shall be imposed upon the guilty officer or officers,
as the case may be, of the corporation, firm, partnership or association, and if such guilty
officer or officers are aliens, in addition to the penalty herein prescribed, he or they shall
be deported without further proceedings on the part of the Commission of Immigration and
Deportation.

Section 3. Any provision of existing laws, decrees, rules and regulations inconsistent with
this Decree are hereby repealed or modified accordingly.

Section 4. This Decree shall take effect immediately after publication in the Official
Gazette or in a newspaper of general circulation in the country.

Done in the City of Manila, this 18th day of September, in the year of Our Lord, nineteen
hundred and seventy-three.

PRESIDENTIAL DECREE No. 772 August 20, 1975

PENALIZING SQUATTING AND OTHER SIMILAR ACTS

WHEREAS, it came to my knowledge that despite the issuance of Letter of Instructions

No. 19 dated October 2, 1972, directing the Secretaries of National Defense, Public
Works and Communications, Social Welfare and the Director of Public Works, the PHHC
General Manager, the Presidential Assistant on Housing and Rehabilitation Agency,
Governors, City and Municipal Mayors, and City and District Engineers, "to remove all
illegal constructions including buildings on and along esteros and river banks, those along
railroad tracks and those built without permits on public and private property, "squatting is
still a major problem in urban communities all over the country;

WHEREAS, many persons or entities found to have been unlawfully occupying public and
private lands belong to the affluent class;

WHEREAS, there is a need to further intensity the government's drive against this illegal
and nefarious practice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Any person who, with the use of force, intimidation or threat, or taking
advantage of the absence or tolerance of the landowner, succeeds in occupying or
possessing the property of the latter against his will for residential commercial or any other
purposes, shall be punished by an imprisonment ranging from six months to one year or a
fine of not less than one thousand nor more than five thousand pesos at the discretion of
the court, with subsidiary imprisonment in case of insolvency.
If the offender is a corporation or association, the maximum penalty of five years and the
fine of five thousand pesos shall be imposed upon the president, director, manager or
managing partners thereof.

Section 2. This decree shall take effect immediately.

Done in the City of Manila, this 20th day of August, in the year of Our Lord, nineteen
hundred and seventy-five.

MALACAÑANG
Manila

PRESIDENTIAL DECREE No. 856 December 23, 1975

CODE ON SANITATION

WHEREAS, the health of the people, being of paramount importance, all efforts of public
services should be directed towards the protection and promotion of health; and

WHEREAS, with the advance in the field of sanitation in recent years, there arises the
need for updating and codifying our scattered sanitary laws to ensure that they are in
keeping with modern standards of sanitation and provide a handy reference and guide for
their enforcement;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby order and decree the following
Code on Sanitation:

CODE ON SANITATION OF THE PHILIPPINES

CHAPTER XVII
SEWAGE COLLECTION AND DISPOSAL, EXCRETA DISPOSAL AND DRAINAGE

Section 71. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) Public sewerage system A system serving twenty-five persons or more.

(b) Septic tank A water tight receptacle which receives the discharge of a plumbing
system or part thereof, and is designed to accomplish the partial removal and digestion of
the suspended solid matter in the sewage through a period of detention. Its construction
shall be in accordance with specifications prescribed in this Chapter.

(c) House sewer The pipe line conveying sewage from the house or building to the septic
tank or to any point of discharge.

(d) Septic tank absorption bed or drain field An underground system of pipes leading from
the outlet of the septic tank, consisting of open-jointed or perforated pipes so distributed
that the effluent from a septic tank is oxidized and absorbed by the soil.

(e) Effective capacity of a septic tank The actual liquid capacity of a septic tank as
contained below the liquid level line of the tank.
(f) Effective depth of a septic tank The actual liquid depth of a septic tank as measured
from the inside bottom of the septic tank to the liquid level line.

(g) Freeboard or air space of a septic tank The distance as measured from the liquid level
line to the inside top of the septic tank.

(h) Distribution box A small concrete receptacle between the septic tank and the drain
field from which lines of drain tile extends and which acts as surge tank to distribute the
flow of sewage equally to each line of drain tile.

(i) Approved excreta disposal facilities shall mean any of the following:

1. Flush toilets properly connected to a community sewer;

2. Flush toilets connected to a septic tank constructed in accordance with this Chapter;

3. Any approved type pit privy built in accordance with this Chapter; and

4. Any disposal device approved by the Secretary or his duly authorized representative.

(j) Privy A structure which is not connected to a sewerage system and is used for the
reception, disposition and storage of feces or other excreta from the human body.

(k) Septic privy where the fecal matter is placed in a septic tank containing water and
connected to a drain field but which is not served by a water supply under pressure.

(l) Box and can privy A privy where fecal matter is deposited in a can bucket which is
removed for emptying and cleaning.

(m) Concrete vault privy A pity privy with the pit line with concrete in such manner as to
make it water tight.

(n) Chemical privy A privy where fecal matter is deposited into a tank containing a caustic
chemical solution to prevent septic action while the organic matter is decomposed.

Section 72. Scope of Supervision of the Department The approval of the Secretary or his
duly authorized representative is required in the following matters:

(a) Construction of any approved type of toilet for every house including community toilet
which may be allowed for a group of small houses of light materials or temporary in
nature;

(b) Plans of individual sewage disposal system and the sub-surface absorption system, or
other treatment device;

(c) Location of any toilet or sewage disposal system in relation to a source of water
supply;

(d) Plans, design data and specifications of a new or existing sewerage system or sewage
treatment plant;
(e) The discharge of untreated effluent of septic tanks and/or sewage treatment plants to
bodies of water;

(f) Manufacture of septic tanks; and

(g) Method of disposal of sludge from septic tanks or other treatment plants.

Section 73. Operation of Sewage Treatment Works Private or public sewerage systems
shall:

(a) Provide laboratory facilities for control tests' and other examinations needed;

(b) Forward to the local health authority operating data, control tests and such other
records and information as may be required;

(c) Inform the local health authority in case of break-down or improper functioning of the
sewage treatment works; and

(d) Provide for the treatment of all sewage entering the treatment plant.

Section 74. Requirements in the Operation of Sewerage Works and Sewage Treatment
Plants The following are required for sewerage works and sewage treatment plants.

(a) All houses covered by the system shall be connected to the sewer in areas where a
sewerage system is available.

(b) Outfalls discharging effluent from a treatment plant shall be carried to the channel of
the stream or to deep water where the outlet is discharged.

(c) Storm water shall be discharged to a storm sewer, sanitary sewage shall be
discharged to a sewerage system carrying sanitary sewage only; but this should not
prevent the installation of a combined system.

(d) Properly designed grease traps shall be provided for sewers from restaurants or other
establishments where the sewage carries a large amount of grease.

Section 75. Septic tanks Where a public sewerage system is not available, sewer outfalls
from residences, schools, and other buildings shall be discharged into a septic tank to be
constructed in accordance with the following minimum requirements:

(a) It shall be generally rectangular in shape. When a number of compartments are used,
the first compartment shall have the capacity from one-half to two-thirds of the total
volume of the tank.

(b) It shall be built of concrete, whether pre-cast or poured in place. Brick, concrete blocks
or adobe may be used.

(c) It shall not be constructed under any building and within 25 meters from any source of
water supply.

Section 76. Disposal of Septic Tank Effluent The effluent from septic tanks shall be
discharged into a sub-surface soil, absorption field where applicable or shall be treated
with some type of a purification device. The treated effluent may be discharged into a
stream or body of water if it conforms to the quality standards prescribe by the National
Water and Air Pollution Control Commission.

Section 77. Determination of Septic Tank Capacity The septic tank capacity may be
determined from the estimated unit flow contained in Table I "Quantities of Sewage Flow,"
based on adequate detention time interval resulting in efficient sedimentation. Daily flow
from mattered results, may be used as estimated flow when available. For edifices with
occupants, the number of persons to be served shall be computed on the number of
rooms with each room considered as occupied by two persons or on the basis of the
actual number of persons served by the tank, whichever is greater.

Section 78. Sanitary Privies The privy recommended for use is the sanitary privy. It shall
conform with the following minimum requirements:

(a) It shall consist of an earthen pit, a floor covering the pit, and a water-sealed bowl. It
shall be so constructed in order that fecal matter and urine will be deposited into the
earthen pit which shall be completely fly-proof.

(b) The pit shall be at least one meter square.

(c) The floor should cover the pit tightly to prevent the entrance of flies. It shall be
constructed of concrete or other impervious material.

(d) The water-sealed bowl shall be joined to the floor so as to form a water-tight and insect
proof joint.

(e) A suitable building, shall be constructed to provide comfort and privacy for the users of
the privy.

(f) Wooden floors and seat risers shall not be used.

Section 79. Drainage

(a) Responsibility of cities and municipalities It shall be the responsibility of all cities and
municipalities to provide and maintain in a sanitary state and in good repair a satisfactory
system of drainage in all inhabited areas where waste water from buildings and premises
could empty without causing nuisance to the community and danger to public health.

(b) Connection to the municipal drainage system Buildings or premises producing waste
water shall be connected to the municipal drainage system in all areas where it exists.