Professional Documents
Culture Documents
The Sea
“The sea does not reward those who are too anxious, too greedy, or too impatient. One
should lie empty, open, choiceless as a beach - waiting for a gift from the sea.” --Anne
Morrow Lindbergh
Next to Air, water is the important element of all life. They are found in the
surface – on the sea and on lakes and rivers, and underground, in underground
lakes and water wells called aquifers.
Man is a strange animal. He is the only animal that dirties the very water
he drinks. Not even snakes, wild boar, monkeys, and other wild animals do that.
For all of his pretensions to being civilized notwithstanding, much needs to be
done for the human habits of good manners and right conduct to at least make it
as good as, if not better, than that of snakes, wild boar, and monkeys.
The sight of water is also a wonder to behold. Great cities of the world
always have some body of water to be identified with, and be proud of. There is
the San Francisco Bay, the Sydney Harbor, the River Thames of London, the
Charles River of Boston, etc.
A body of water is also food for the spirit. It is in the splendor in the sight of
water, and to be beside it, that touches every heart and spirit like no other.
The movement of water follows certain patterns. During the rainy seasons,
flooding occurs along the rivers, filling up riverbanks and other waterways. In the
seashore, high tide reaches certain levels along the beach. The average levels of
flooding (for rivers) and tides (for the sea) are called the ‘mean flood level’ and
‘mean high tide.’
Because the activities of man must follow the Laws of Nature, the Water
Code directs that there must be nothing constructed along the margins of the
rivers, waterways and seashores. This margin of land is called the easement
zone of recreation, salvage, and navigation. If the surrounding land use is urban,
the margin is 3 meters, if agricultural, it is 20 meters, and if forested/protected
area, it is 40 meters. No one must stay in this place longer than necessary, and
no construction is allowed on this ‘salvage and recreation zone.’ Illegal
occupation and construction on this area is penalized with a fine and
imprisonment of up to 6 years.
The reason for the law is quite obvious. This is a ‘protection zone.’ It
seeks to keep the space open to allow for water to flow unobstructed during a
flood (in the case of rivers) or during high tide. If anyone insisted on building any
structure on this area runs the constant risk of flooding (in the case of rivers) and
being hit by storm surges (in the case of seashores).
Flooding is not water in the wrong place. Water will always seek its own
level. Rather, flooding in man in the wrong place.
What is the similarity between the cities of Manila and New Orleans? They are
both in the flood-prone delta of the Pasig River and the Mississippi Rivers,
respectively. The same is true for the City of Iloilo. It is built on the river’s delta
and right on the mangrove areas – a natural wetland.
Is it the mistake of the river’s waters that it floods naturally flood-prone areas?
Or is it the mistake of the man who builds his home in a flood-prone area?
Easement Zones
The zone is reserved to allow the public proper access to the beach, a
source of physical sustenance and spiritual recreation. It is also reserved for
boats which may need to dock on the shore. Thus it is called the ‘salvage zone’.
This rule is absolute. Thus, even lands that are already titled to private
individuals must respect this ‘easement zone of recreation’ or ‘salvage zone’ and
keep it open and free of constructions. In the first place, it was error to issue a
private title to this area, since it is technically classified as ‘forest (or public) land.’
To encourage people to keep it open, the local government can issue a tax
rebate on the real property tax due on the property along the riverbank.
And then we complain of floods, and spend tens and tens of millions for
‘flood control projects.’
It is therefore not the absence of the law that empowers a local official to
demolish illegal structures in riverbanks and seashores. If the City of Marikina
was able to clear their riverbanks and turn it into patches of open spaces and
parks, there is no reason why it cannot be done in any other city or town. It is,
therefore, not the absence of law but the absence of, as usual, the political will.
Whereas, all the waters within the limits set forth in the above-mentioned
treaties have always been regarded as part of the territory of the Philippine
Islands;
Whereas, all the waters around, between and connecting the various
islands of the Philippines archipelago, irrespective of their width or dimension,
have always been considered as necessary appurtenances of the land territory,
forming part of the inland or internal waters of the Philippines;
Whereas, all the waters beyond the outermost islands of the archipelago
but within the limits of the boundaries set forth in the aforementioned treaties
comprise the territorial sea of the Philippines;
Whereas, the baselines from which the territorial sea of the Philippines is
determined consist of straight lines joining appropriate points of the outermost
islands of the archipelago; and
1
As amended by R.A. No. 5446.
Whereas, the said baselines should be clarified and specifically defined
and described for the information of all concerned; Now, therefore,
SECTION 1. The baselines for the territorial sea of the Philippines are hereby
defined and described specifically as follows:
SEC. 2. All waters within the baselines provided for in Section one hereof are
considered inland or internal waters of the Philippines.
SEC. 3. This Act shall take effect upon its approval.
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:
SEC. 2. Without prejudice to the rights of the Republic of the Philippines over its
territorial sea and continental shelf, it shall have and exercise in the exclusive
economic zone established herein the following:
SEC. 3. Except in accordance with the terms of any agreement entered into
with the Republic of the Philippines or of any license granted by it or under
authority by the Republic of the Philippines, no person shall, in relation to the
exclusive economic zone:
SEC. 4. Other states shall enjoy in the exclusive economic zone freedoms with
respect to navigation and overflight, the laying of submarine cables and pipelines,
and other internationally lawful uses of the sea relating to navigation and
communications.
SEC. 6. This Decree shall take effect thirty (30) days after publication in the
Official Gazette.
SECTION 1. Title - This Act shall be known as “The Philippine Fisheries Code of
1998.”
Chapter 1
Declaration of Policy And Definitions
The State shall ensure the attainment of the following objectives of the
fishery sector:
a. all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive
Economic Zone (EEZ) and continental shelf;
b. all aquatic and fishery resources whether inland, coastal or offshore fishing
areas, including but not limited to fishponds, fish pens and cages; and
c. all lands devoted to aquaculture, or businesses and activities relating to
fishery, whether private or public lands.
SEC. 4. Definition of terms -- As used in this Code, the following terms and
phrases shall mean as follows:
1. Ancillary industries -- firms or companies related to the supply, construction
and maintenance of fishing vessels, gears, nets and other fishing
paraphernalia; fishery machine shops; and other facilities such as
hatcheries, nurseries, feed plants, cold storage and refrigeration,
processing plants and other pre-harvest and post-harvest facilities.
2. Appropriate fishing technology -- adaptable technology, both in fishing and
ancillary industries that is ecologically sound, locally source-based and
labor intensive.
3. Aquaculture -- fishery operations involving all forms of raising and culturing
fish and other fishery species in fresh, brackish and marine water areas.
4. Aquatic pollution -- the introduction by human or machine directly or
indirectly, of substances or energy to the aquatic environment which results
or is likely to result in such deleterious effects as to harm living and non-
living aquatic resources, pose potential and/or real hazard to human health,
hindrance to aquatic activities such as fishing and navigation, including
dumping/disposal of waste and other marine litters, discharge of petroleum
or residual products of petroleum carbonaceous materials/substances, and
other radioactive, noxious or harmful liquid, gaseous or solid substances,
from any water, land or air transport or other human-made structure.
Deforestation, unsound agricultural practices such as the use of banned
chemicals and excessive use of chemicals, intensive use of artificial fish
feed, and wetland conversion, which cause similar hazards and deleterious
effects shall also constitute aquatic pollution.
5. Aquatic resources -- includes fish, all other aquatic flora and fauna and
other living resources of the aquatic environment, including, but not limited
to, salt and corals.
6. Artificial reefs -- any structure of natural or man-made materials placed on
a body of water to serve as shelter and habitat, source of food, breeding
areas for fishery species and shoreline protection.
7. Catch ceilings -- refer to the annual catch limits allowed to be taken,
gathered or harvested from any fishing area in consideration of the need to
prevent overfishing and harmful depletion of breeding stocks of aquatic
organisms.
8. Closed season -- the period during which the taking of specified fishery
species by a specified fishing gear is prohibited in a specified area or areas
in Philippine waters.
9. Coastal area/zone -- is a band of dry land and adjacent ocean space (water
and submerged land) in which terrestrial processes and uses directly
affect oceanic processes and uses, and vice versa; its geographic extent
may include areas within a landmark limit of one (1) kilometer from the
shoreline at high tide to include mangrove swamps, brackish water ponds,
nipa swamps, estuarine rivers, sandy beaches and other areas within a
seaward limit of 200 meters isobath to include coral reefs, algal flats,
seagrass beds and other soft-bottom areas.
10. Commercial Fishing -- the taking of fishery species by passive or active
gear for trade, business or profit beyond subsistence or sports fishing, to
be further classified as:
a. skeletons of
anthozoan coalenterates
characterized as having a
"We who revel in nature's diversity and feel instructed by every animal tend to rigid axis of compact
brand Homo sapiens as the greatest catastrophe since the Cretaceous extinction."
--Stephen Jay Gould
calcareous or horny spicules,
belonging to the genus
corallium as represented by
the red, pink, and white corals which are considered precious corals;
b. skeletons of anthozoan coelenterates characterized by thorny, honry
axis such as the antiphatharians represented by the black corals
which are considered semi-precious corals; and (c) ordinary corals
which are any kind of corals that are not precious nor semi-precious.
13. Coral reef - a natural aggregation of coral skeleton, with or without living
coral polyps, occurring in intertidal and subtidal marine waters.
14. Demarcated areas - boundaries defined by markers and assigned
exclusively to specific individuals or organizations for certain specified and
limited uses such as:
a. Aquaculture, sea ranching and sea farming;
b. Fish aggregating devices;
c. Fixed and passive fishing gears; and
d. Fry and fingerlings gathering.
SEC. 5. Use of Philippine Waters - The use and exploitation of the fishery and
aquatic resources in Philippine waters shall be reserved exclusively to Filipinos:
Provided, however, That research and survey activities may be allowed under
strict regulations, for purely research, scientific, technological and educational
purposes that would also benefit Filipino citizens.
SEC. 6. Fees and Other Fishery Charges - The rentals for fishpond areas
covered by the Fishpond Lease Agreement (FLA) and license fees for
Commercial Fishing Boat Licenses (CFBL) shall be set at levels that reflect
resource rent accruing from the utilization of resources and shall be determined
by the Department: Provided, That the Department shall also prescribe fees and
other fishery charges and issue fees and other fishery charges and issue the
corresponding license or permit for fishing gear, fishing accessories and other
fishery activities beyond the municipal waters: Provided, further, That the license
fees of fishery activity in municipal waters shall be determined by the Local
Government Units (LGUs) in consultation with the FARMCs. The FARMCs may
also recommend the appropriate license fees that will be imposed.
SEC. 15. Auxiliary invoices - All fish and fishery products must have an auxiliary
invoice to be issued by the LGUs or their duly authorized representatives prior to
their transport from their point of origin to their point of destination in the
Philippines and/or export purposes upon payment of a fee to be determined by
the LGUs to defray administrative costs therefor.
ARTICLE I
MUNICIPAL FISHERIES
The LGUs shall also enforce all fishery laws, rules and regulations as well
as valid fishery ordinances enacted by the municipality/city council.
SEC. 18. Users of municipal waters - All fishery related activities in municipal
waters, as defined in this Code, shall be utilized by municipal fisherfolk and their
cooperatives/ organizations who are listed as such in the registry of municipal
fisherfolk.
The municipal or city government, however, may, through its local chief
executive and acting pursuant to an appropriate ordinance, authorize or permit
small and medium commercial fishing vessels to operate within the ten point one
(10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as
defined herein, Provided, That all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7)
fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the Department;
c. prior consultation, through public hearing, with the M/CFARMC has been
conducted; and
d. the applicant vessel
as well as the
shipowner,
employer, captain
and crew have
been certified by
the appropriate
agency as not
having violated this
Code,
environmental laws
and related laws.
“Nature is the glass reflecting God, as by the sea reflected is the sun, too glorious to be
gazed on in his sphere.” --Brigham Young
Department to be in an environmentally critical condition and during closed
season as provided for in Section 9 of this Code.
SEC. 19. Registry of municipal fisherfolk - The LGU shall maintain a registry of
municipal fisherfolk, who are fishing or may desire to fish in municipal waters for
the purpose of determining priorities among them, of limiting entry into the
municipal waters, and of monitoring fishing activities and/or other related
purposes: Provided, That the FARMC shall submit to the LGU the list of priorities
for its consideration.
The LGUs shall also maintain a registry of municipal fishing vessels by type
of gear and other boat particulars with the assistance of the FARMC.
SEC. 22. Demarcated fishery right - The LGU concerned shall grant demarcated
fishery rights to fishery organizations/cooperatives for marine culture operation in
specific areas identified by the Department.
SEC. 23. Limited entry into overfished areas - Whenever it is determined by the
LGUs and the Department that a municipal water is overfished based on available
data or information or in danger of being overfished, and that there is a need to
regenerate the fishery resources in that water, the LGU shall prohibit or limit
fishery activities in the said waters.
SEC. 24. Support to municipal fisherfolk - The Department and the LGUs shall
provide support to municipal fisherfolk through appropriate technology and
research, credit production and marketing assistance and other services such as,
but not limited to training for additional/supplementary livelihood.
SEC. 25. Rights and privileges of fishworkers - The fishworkers shall be entitled
to the privileges accorded to other workers under the Labor Code, Social Security
System and other benefits under other laws or social legislation for workers:
Provided, That fishworkers on board any fishing vessels engaged in fishing
operations are hereby covered by the Philippine Labor Code, as amended.
ARTICLE II
COMMERCIAL FISHERIES
SEC. 26. Commercial fishing vessel license and other licenses - No person shall
operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for
scientific, research or educational purposes, or engage in any fishery activity, or
seek employment as a fishworker or pearl diver without first securing a license
from the Department, the period of which shall be prescribed by the Department:
Provided, That no such license shall be required of a fishing vessel engaged in
scientific, research or educational purposes within the Philippine waters pursuant
to an international agreement of which the Philippines is a signatory and which
agreement defines the status, privileges and obligations of said vessel and its
crew and the non-Filipino officials of the international agency under which said
vessel operates: Provided, further, That members of the crew of a fishing vessel
used for commercial fishing except the duly licensed and/or authorized patrons,
marine engineers, radio operators and cooks shall be considered as fisherfolk:
Provided, furthermore, That all skippers/master fishers shall be required to
undertake an orientation training on detection of fish caught by illegal means
before they can be issued their fishworker licenses: Provided, finally, That the
large commercial fishing vessel license herein authorized to be granted shall allow
the licensee to operate only in the Philippine waters seven (7) fathoms deep, the
depth to be certified by the NAMRIA, and subject to the conditions that may be
stated therein and the rules and regulations that may be promulgated by the
Department.
SEC. 27. Persons eligible for commercial fishing vessel license - No commercial
fishing vessel license shall be issued except to citizens of the Philippines,
partnerships or to associations, cooperatives or corporations duly registered in the
Philippines at least sixty percent (60%) of the capital stock of which is owned by
Filipino citizens. No person to whom a license has been issued shall sell, transfer
or assign directly or indirectly, his stock or interest therein to any person not
qualified to hold a license. Any such transfer, sale or assignment shall be null and
void and shall not be registered in the books of the association, cooperative or
corporation.
For purposes of commercial fishing, fishing vessels owned by citizens of
the Philippines, partnerships, corporations, cooperatives or associations qualified
under this Section shall secure Certificates of Philippine Registry and such other
documents as are necessary for fishing operations from the concerned agencies:
Provided, That the commercial fishing vessel license shall be valid for a period to
be determined by the Department.
SEC. 29. Registration and licensing of fishing gears used in commercial fishing -
Before a commercial fishing vessel holding a commercial fishing vessel license
may begin fishing operations in Philippine waters, the fishing gear it will utilize in
fishing shall be registered and a license granted therefore. The Department shall
promulgate guidelines to implement this provision within sixty (60) days from
approval of this Code.
SEC. 30. Renewal of commercial boat license - The commercial fishing boat
license shall be renewed every three (3) years.
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the
expiration of the license within which to renew the same.
a. at least ten percent (10%) of the credit and the guarantee funds of a
government financing institutions shall be made available for post-harvest
and marketing projects for the purpose of enhancing our fisherfolk
competitiveness by reducing post-harvest losses. Qualified projects shall
include, but shall not be limited to, ice plants, cold storage, canning,
warehouse, transport and other related infrastructure projects and facilities;
and
b. the Department shall undertake the following programs:
SEC. 35. Incentives for commercial fishers to fish farther into the Exclusive
Economic Zone (EEZ) - In order to encourage fishing vessel operators to fish
farther in the EEZ and beyond, new incentives for improvement of fishing vessels
and acquisition of fishing equipment shall be granted in addition to incentives
already available from the Board of Investments (BOI). Such incentives shall be
granted subject to exhaustive evaluation of resource and exploitation conditions in
the specified areas of fishing operations. The incentive shall include, but not
limited to:
SEC. 37. Medical supplies and life-saving devices - All fishing vessels shall be
provided with adequate medical supplies and life-saving devices to be determined
by the Occupational Safety and Health Center: Provided, That a fishing vessel of
twenty (20)GT or more shall have as a member of its crew a person qualified as a
first aider duly certified by the Philippine National Red Cross.
SEC. 38. Reportorial requirements - Each commercial fishing vessel shall keep a
daily record of fish catch and spoilage, landing points, and quantity and value of
fish caught, and off-loaded for transshipment, sale and/or other disposal. Detailed
information shall be duly certified by the vessel’s captain and transmitted monthly
to the officer or representative of the Department, at the nearest designated
landing point.
SEC. 39. Report of meteorological and other data - All vessels and crafts passing
navigational lanes or engaged in fisheries activity shall be required to contribute to
meteorological and other data, and shall assist the Department in documentation
or reporting of information vital to navigation and the fishing industry.
SEC. 40. Color code and radio frequency - For administrative efficiency and
enforcement of regulations, registered fishing vessels shall bear a color code as
may be determined by the Department, and may be assigned a radio frequency
specific and distinct to its area of operation.
SEC. 41. Passage - Commercial and other passage not in the regular conduct of
fisheries activity shall be made at designated navigational lanes.
SEC. 42. Transshipment - Foreign fishing vessels wishing to avail of land, air and
sea facilities available in the Philippines to transport fishery products which are
caught outside Philippine territorial waters to its final destination shall call only at
duly designated government owned or-controlled regional fishport complexes after
securing clearance from the Department.
ARTICLE III
AQUACULTURE
SEC. 45. Disposition of public lands for fishery purposes - Public lands such as
tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for
fishery operations shall not be disposed or alienated. Upon effectivity of this
Code, FLA2 may be issued for public lands that may be declared available for
fishpond development primarily to qualified fisherfolk cooperatives/associations:
Provided, however, That upon the expiration of existing FLAs the current lessees
shall be given priority and be entitled to an extension of twenty-five (25) years in
the utilization of their respective leased areas. Thereafter, such FLAs shall be
granted to any Filipino citizen with preference, primarily to qualified fisherfolk
2
Fishpond Lease Agreement.
cooperatives/associations as well as small and medium enterprises as defined
under Republic Act No. 8289: Provided, further, That the Department shall declare
as reservation, portions of available public lands certified as suitable for fishpond
purposes for fish sanctuary, conservation, and ecological purposes: Provided,
finally, That two (2) years after the approval of this Act, no fish pens or fish cages
or fish traps shall be allowed in lakes.
a. Areas leased for fishpond purposes shall be no more than 50 hectares for
individuals and 250 hectares for corporations or fisherfolk organizations;
b. The lease shall be for a period of twenty-five (25) years and renewable for
another twenty-five (25) years; Provided, That in case of the death of the
lessee, his spouse and/or children, as his heirs, shall have preemptive
rights to the unexpired term of his Fishpond Lease Agreement subject to
the same terms and conditions provided herein Provided, That the said
heirs are qualified.
c. Lease rates for fishpond areas shall be determined by the Department:
Provided, That all fees collected shall be remitted to the National Fisheries
Research and Development Institute and other qualified research
institutions to be used for aquaculture research development.
d. The area leased shall be developed and producing on a commercial scale
within three (3) years from the approval of the lease contract: Provided,
however, That all areas not full producing within five (5) years from the date
of approval of the lease contract shall automatically revert to the public
domain for reforestation;
e. The fishpond shall not be subleased, in whole or in part, and failure to
comply with this provision shall mean cancellation of FLA;
f. The transfer or assignment of rights to FLA shall be allowed only upon prior
written approval of the Department;
g. The lessee shall undertake reforestation for river banks, bays, streams and
seashore fronting the dike of his fishpond subject to the rules and
regulations to be promulgated thereon; and
h. The lessee shall provide facilities that will minimize environmental pollution,
i.e., settling ponds, reservoirs, etc.: Provided, That failure to comply with
this provision shall mean cancellation of FLA.
SEC. 47. Code of practice for aquaculture -- The Department shall establish a
code of practice for aquaculture that will outline general principles and guidelines
for environmentally-sound design and operation to promote the sustainable
development of the industry. Such Code shall be developed through a
consultative process with the DENR, the fishworkers, FLA holders, fishpond
owners, fisherfolk cooperatives, small-scale operators, research institutions and
the academe, and other potential stakeholders. The Department may consult with
specialized international organizations in the formulation of the code of practice.
SEC. 48. Incentives and disincentives for sustainable aquaculture practices --
The Department shall formulate incentives and disincentives such as, but not
limited to, effluent charges, user fees and negotiable permits, to encourage
compliance with the environmental standards and to promote sustainable
management practices.
SEC. 51. License to operate fish pens, fish cages, fish traps, and other structures
for the culture of fish and other fishery products -- Fish dens, fish cages, fish traps
and other structures for the culture of fish and other fishery products shall be
constructed and shall operate only within established zones duly designated by
LGUs in consultation with the FARMCs concerned consistent with national
fisheries policies after the corresponding licenses thereof have been secured.
The area to be utilized for this purpose for individual persons shall be determined
by the LGUs in consultation with the concerned FARMC: Provided, however, That
not over ten percent (10%) of the suitable water surface area of all lakes and
rivers shall be allotted for aquaculture purposes like fish pens, fish cages and fish
traps; and the stocking density and feeding requirement which shall be controlled
and determined by its carrying capacity; Provided, further, That fish pens and fish
cages located outside municipal waters shall be constructed and operated only
within fish pen and fish cage belts designated by the Department and after
corresponding licenses therefor have been secured and the fees thereof paid.
SEC. 52. Pearl farm leases -- The foregoing provisions, notwithstanding, existing
pearl farm leases shall be respected and allowed to operate under the terms
thereof. New leases may be granted to qualified persons who possess the
necessary capital and technology, by the LGUs having jurisdiction over the area.
SEC. 53. Grant of privileges for operations of fish pens, cages, corrals/traps and
similar structures -- No new concessions, licenses, permits, leases and similar
privileges for the establishment or operation of fish pens, fish cages, fish
corrals/traps and other similar structures in municipal areas shall be granted
except to municipal fisherfolk and their organizations.
SEC. 54. Insurance for fishponds, fish cages and fish pens -- Inland fishponds,
fish cages and fish pens shall be covered under the insurance program of the
Philippine Crop Insurance Corporation for losses caused by force majeure and
fortuitous events.
SEC. 57. Registration of fish hatcheries and private fishponds, etc. -- All fish
hatcheries, fish breeding facilities and private fishponds must be registered with
the LGUs which shall prescribe minimum standards for such facilities in
consultation with the Department: Provided, That the Department shall conduct a
yearly inventory of all fishponds, fish pens and fish cages whether in public or
private lands; Provided, further, That all fishpond, fish pen and fish cage operators
shall annually report to the Department the type of species and volume of
production in areas devoted to aquaculture.
ARTICLE IV
POST-HARVEST FACILITIES, ACTIVITIES AND TRADES
SEC. 60. Registration and licensing of all post-harvest facilities -- All post-harvest
facilities such as fish processing plants, ice plants and cold storages, fish
ports/landings and other fishery business establishments must register with and
be licensed by the LGUs which shall prescribe minimum standards for such
facilities in consultation with the Department.
All fish and fishery products for export, import and domestic consumption
shall meet the quality grades/standards as determined by the Department.
Chapter III
Reconstitution of the Bureau of Fisheries and Aquatic Resources and
Creation of Fisheries and Aquatic Resources Management Councils
ARTICLE I
Reconstitution of the Bureau of Fisheries and Aquatic Resources
SEC. 63. Creation of the position of Undersecretary for Fisheries and Aquatic
Resources -- There is hereby created in the Department of Agriculture the position
of Undersecretary for Fisheries and Aquatic Resources, solely for the purpose of
attending to the needs of the fishing industry, to be appointed by the President.
Such Undersecretary shall have the following functions:
a. set policies and formulate standards for the effective, efficient and
economical operations of the fishing industry in accordance with the
programs of the government;
b. exercise overall supervision over all functions and activities of all offices
and instrumentalities and other offices related to fisheries including its
officers;
c. establish with the assistance of the director, such regional, provincial and
other fishery offices as may be necessary and appropriate and organize
the internal structure of BFAR in such manner as is necessary for the
efficient and effective attainment of its objectives and purposes; and
d. perform such other functions as may be necessary or proper to attain the
objectives of this Code.
SEC. 64. Reconstitution of the BFAR - The Bureau of Fisheries and Aquatic
Resources (BFAR) is hereby reconstituted as a line bureau under the Department
of Agriculture.
SEC. 65. Functions of the Bureau of Fisheries and Aquatic Resources -- As a
line bureau, the BFAR shall have the following functions:
SEC. 66. Composition of BFAR -- As a line bureau, the BFAR shall be headed
by a Director and assisted by two (2) Assistant Directors who shall supervise the
administrative and technical services of the bureau respectively. It shall establish
regional, provincial and municipal offices as may be appropriate and necessary to
carry out effectively and efficiency the provisions of this Code.
SEC. 68. Development of fisheries and aquatic resources in municipal waters and
bays -- Fisherfolk and their organizations residing within the geographical
jurisdiction of the barangays, municipalities or cities with the concerned LGUs
shall develop the fishery/aquatic resources in municipal waters and bays.
3
People’s Organization.
The members of the NFARMC, except for the Undersecretary of
Agriculture and the Undersecretary of the Interior and Local Government shall be
appointed by the President upon the nomination of their respective organizations.
SEC. 71. Terms of office -- The members of NFARMC, except the Undersecretary
of Agriculture and the Undersecretary of the Interior and Local Government, shall
serve for a term of three (3) years without reappointment.
SEC. 72. Functions of the NFARMC -- The NFARMC shall have the following
functions:
SEC. 74. Functions of the M/CFARMCs -- The M/CFARMCs shall exercise the
following functions:
The Council shall adopt rules and regulations necessary to govern its
proceedings and election.
SEC. 76. The Integrated Fisheries and Aquatic Resources Management Councils
(IFARMCs) -- The IFARMCs shall be created in bays, gulfs, lakes and rivers and
dams bounded by two (2) or more municipalities/cities.
SEC. 77. Functions of the IFARMCs -- The IFARCs shall have the following
functions:
SEC. 78. Composition of the IFARMCs -- The regular members of the IFARMCs
shall be composed of the following:
SEC. 79. Source of funds of the FARMCs -- A separate fund for the NFARMC,
IFARMCs and MCFARMCs shall be established and administered by the
Department from the regular annual budgetary appropriations.
Chapter IV
Fishery Reserves, Refuge And Sanctuaries
SEC. 80. Fishing areas reserves for exclusive use of government -- The
Department may designate an area or areas in Philippine waters beyond fifteen
(15) kilometers from shoreline as fishery reservation for the exclusive use of the
government or any of its political subdivisions, agencies or instrumentalities, for
propagation, educational research and scientific purposes: Provided, That in
municipalities or cities, the concerned LGUs in consultation with the FARMCs may
recommend to the Department that portions of the municipal waters be declared
as fishery reserves for special or limited use, for educational research, and/or
special management purposes. The FARMCs may recommend to the
Department portions of the municipal waters which can be declared as fisheries
reserves for special or limited use for educational, research and special
management purposes.
SEC. 81. Fish refuge and sanctuaries -- The Department may establish fish
refuge and sanctuaries to be administered in the manner to be prescribed by the
BFAR at least twenty-five percent (25%) but not more than forty percent (40%) of
bays, foreshore lands, continental shelf or any fishing ground shall be set aside
for the cultivation of mangroves to strengthen the habitat and the spawning
grounds of fish. Within these areas no commercial fishing shall be allowed. All
marine fishery reserves, fish sanctuaries and mangrove swamp reservations
already declared or proclaimed by the President or legislated by the Congress of
the Philippines shall be continuously administered and supervised by the
concerned agency: Provided, however, That in municipal waters, the concerned
LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries:
Provided, further, That at least fifteen percent (15%) where applicable of the total
coastal areas in each municipality shall be identified, based on the best available
scientific data and in consultation with the Department and automatically
designated as fish sanctuaries by the LGUs in consultation with the concerned
FARMCs.
Chapter V
Fisheries Research and Development
SEC. 82. Creation of a National Fisheries Research and Development Institute
(NFRDI) -- In recognition of the important role of fisheries research in the
development, management, conservation and protection of the country’s fisheries
and aquatic resources, there is hereby created a National Fisheries Research and
Development Institute (NFRDI).
The Institute shall form part of the National Research and Development
Network of the Department of Science and Technology (DOST).
The Institute, which shall be attached to the Department, shall serve as the
primary research arm of the BFAR. The overall governance of the Institute shall
be vested in the Governing Board which shall formulate policy guidelines for its
operation. The plans, programs and operational budget shall be passed by the
Board. The Board may create such committees as it may deem necessary for the
proper and effective performance of its functions. The composition of the
Governing Board shall be as follows:
a. To raise the income of the fisherfolk and to elevate the Philippines among
the top five (5) in the world ranking in the fish productions;
b. to make the country’s fishing industry in the high seas competitive;
c. to conduct social research on fisherfolk families for a better understanding
of their conditions and needs; and
d. to coordinate with the fisheries schools, LGUs and private sectors
regarding the maximum utilization of available technology, including the
transfer of such technology to the industry particularly the fisherfolk.
SEC. 85. Functions of the NFRDI -- As a national institute, the NFRDI shall have
the following functions:
Chapter VI
Prohibitions and Penalties
It shall be unlawful for any commercial fishing vessel to fish in bays and in
such other fishery management areas which may hereinafter be declared as over-
exploited.
Any commercial fishing boat captain or the three (3) highest officers of the
boat who commit any of the above prohibited acts upon conviction shall be
punished by a fine equivalent to the value of catch or Ten thousand pesos
(P10,000.00) whichever is higher, and imprisonment of six (6) months,
confiscation of catch and fishing gears, and automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal
fisherfolk to engage in any commercial fishing activity in municipal waters. Any
municipal fisherfolk who commit such violation shall be punished by confiscation
of catch and a fine of Five hundred pesos (P500.00).
SEC. 87. Poaching in Philippine waters -- It shall be unlawful for any foreign
person, corporation or entity to fish or operate any fishing vessel in Philippine
waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute
prima facie evidence that the vessel is engaged in fishing in Philippine waters.
SEC. 89. Use of fine mesh net -- It shall be unlawful to engage in fishing using
nets with mesh smaller than that which may be fixed by the Department:
Provided, That the prohibition of the use of fine mesh net shall not apply to the
gathering of fry, glass eels, elvers, tabios, and alamang and such species which
by their nature are small but already mature to be identified in the implementing
rules and regulations by the Department.
Violation of the above shall subject the offender to a fine from Two
thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) or
imprisonment from six (6) months to two (2) years or both such fine and
imprisonment at the discretion of the court: Provided, That if the offense is
committed by a commercial fishing vessel, the boat captain and the master
fisherman shall also be subject to the penalties provided herein: Provided,
further, That the owner/operator of the commercial fishing vessel who violates this
provision shall be subjected to the same penalties provided herein: Provided,
finally, That the Department is hereby empowered to impose upon the offender an
administrative fine and/or cancel his permit or license or both.
SEC. 90. Use of active gear in the municipal waters and bays and other fishery
management areas -- It shall be unlawful to engage in fishing in municipal waters
and in all bays as well as other fishery management areas using active fishing
gears as defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
1. The boat captain and master fisherman of the vessels who participated in
the violation shall suffer the penalty of imprisonment from two (2) years to
six (6) years;
2. The owner/operator of the vessel shall be fined from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00) upon the discretion of
the court.
SEC. 91. Ban on coral exploitation and exportation -- It shall be unlawful for any
person or corporation to gather, possess, sell or export ordinary, precious and
semi-precious corals, whether raw or in processed form, except for scientific or
research purposes.
SEC. 92. Ban on Muro-Ami, other methods and gear destructive to coral reefs
and other marine habitat -- It shall be unlawful for any person, natural or juridical,
to fish with gear method that destroys coral reefs, seagrass beds, and other
fishery marine life habitat as may be determined by the Department. “Muro-ami”
and any of its variation, and such similar gear and methods that require diving,
other physical or mechanical acts to pound the coral reefs and other habitat to
entrap, gather or catch fish and other fishery species are also prohibited.
The person or corporation who violates this provision shall suffer a penalty
of two (2) years to ten (10) years imprisonment and a fine of not less than One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) or both such fine and imprisonment, at the discretion of the court.
The substance taken from its marine habitat shall be confiscated.
SEC. 93. Illegal use of superlights -- It shall be unlawful to engage in fishing with
the use of superlights in municipal waters or in violation of the rules and
regulations which may be promulgated by the Department on the use of
superlights outside municipal waters.
SEC. 95. Fishing in overfished area and during closed season -- It shall be
unlawful to fish in overfished area and during closed season.
SEC. 101. Violation of catch ceilings -- It shall be unlawful for any person to fish
in violation of catch ceilings as determined by the Department. Violation of the
provision of this section shall be punished by imprisonment of six (6) months and
one day (1) day to six (6) years and/or fine of Fifty thousand pesos (P50,000.00)
and by forfeiture of the catch, and fishing equipment used and revocation of
license.
SEC. 102. Aquatic pollution -- Aquatic pollution, as defined in this Code shall be
unlawful.
SEC. 103. Other violations -- The following fisheries activities shall also be
considered as a violation of this Code:
Every penalty imposed for the commission of an offense shall carry with it
the forfeiture of the proceeds of such offense and the instruments or tools with
which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor
of the Government, unless they be the property of a third person not liable for the
offense, but those articles which are not subject of lawful commerce shall be
destroyed.
SEC. 106. Obstruction to fishery law enforcement officer -- The boat, owner,
master or operator or any person acting on his behalf of any fishing vessel who
evades, obstructs or hinders any fishery law enforcement officer of the
Department to perform his duty, shall be fined Ten thousand pesos (P10,000.00).
In addition, the registration, permit and/or license of the vessel including the
license of the master fisherman shall be canceled.
Chapter VII
General Provisions
SEC. 108. Fisherfolk settlement areas -- The Department shall establish and
create fisherfolk settlement areas in coordination with concerned agencies of the
government, where certain areas of the public domain, specifically near the fishing
grounds, shall be reserved for the settlement of the municipal fisherfolk. Nothing
in this section shall be construed to vest ownership of any resettlement area to a
municipal fisherfolk for whom said areas may have been reserved for or had been
actually granted to.
SEC. 109. Municipal fisheries grant fund - For the development, management
and conservation of the municipal resources, there is hereby created a Fishery
Grand Fund to finance fishery projects of the LGUs primarily for the upliftment of
the municipal fisherfolk. The amount of One hundred million pesos
(P100,000,000.00) is hereby appropriated out of the Department’s allocation in
the General Appropriations Act (GAA) to support the Grand Fund.
For this purpose, the Department may seek financial assistance from any
source and may receive any donation therefor.
SEC. 110. Fishery loan and guarantee fund -- Pursuant to Section 7, Article XIII
of the Constitution, there is hereby created a Fishery Loan and Guarantee Fund
with an initial of One hundred million pesos (P100,000,000.00), which shall be
administered by the Land Bank of the Philippines. The fund shall be made
available for lending to qualified borrowers to finance the development of the
fishery industry under a program to be prescribed by the Department.
For the same purpose, the Department may seek financial assistance from any
source and may receive any donation therefrom.
SEC. 112. Special fisheries science and approfishtech fund -- The Department
shall provide subsidy for full technical and financial support to the development of
appropriate technology, both in fishery and ancillary industries, that are
ecologically sound, locally source-based and labor intensive, based on the
requirement and needs of the FARMCs. An initial amount of One hundred million
pesos (P100,000,000.00) shall be authorized for the purpose of a Special
Fisheries Science and Approfishtech Fund, and thereafter shall be included in the
GAA.
The Department and the CHED shall jointly formulate standards to upgrade
all fisheries schools/colleges. Fisheries schools/colleges that do not meet
minimum standards shall be closed.
SEC. 118. Educational campaign at all levels -- The Department, the CHED,
the DECS and the Philippine Information Agency shall launch and pursue a
nationwide educational campaign to:
a. help realize the policies and implement the provisions of this Code;
b. promote the development, management, conservation and proper use of
the environment;
c. promote the principle of sustainable development; and
d. promote the development of truly Filipino-oriented fishing and ancillary
industries
SEC. 124. Persons and deputies authorized to enforce this code and other
fishery laws, rules and regulations -- The law enforcement officers of the
Department, the Philippine Navy, Philippine Coast Guard, Philippine National
Police (PNP), PNP-Maritime Command, law enforcement officers of the LGUs and
other government enforcement agencies, are hereby authorized to enforce this
Code and other fishery laws, rules and regulations. Other competent government
officials and employees, punong barangays and officers and members of
fisherfolk associations who have undergone training on law enforcement may be
designated in writing by the Department as deputy fish wardens in the
enforcement of this Code and other fishery laws, rules and regulations.
SEC. 126. Foreign grants and aids -- All foreign grants, aids, exchange
programs, loans, researches and the like shall be evaluated and regulated by the
Department to ensure that such are consistent with the Filipinization,
democratization and industrialization of fishing industry and the development of
the entire country.
SEC. 127. Mandatory review -- The Congress of the Philippines shall undertake
a mandatory review of this Code at least once every five (5) years and as often as
it may deem necessary, to ensure that fisheries policies and guidelines remain
responsive to changing circumstances.
Chapter VIII
Transitory Provisions
SEC. 128. Moratoria -- The Department shall, upon the recommendation of the
Bureau, have the power to declare a moratorium on the issuance of licenses for
commercial fishing vessels to operate in specified area or areas in Philippine
waters for a limited period of time if there are indications of overfishing brought
about by a decrease in the volume and sizes of fish caught therein or for,
conservation or ecological purposes.
Chapter IX
Final Provisions
SEC. 130. Appropriation -- The sum necessary to effectively carry out the
provisions of this Act during the first year of implementation shall be sourced from
the budget of the DA/BFAR and other agencies performing fisheries-related
functions: Provided, however, That such amount as may be necessary to carry
out the provisions of Sections 79, 109, 110, 111, 112, 113 are hereby
appropriated out of the unappropriated funds of the National Treasury. The
Congress of the Philippines shall provide for the appropriations of the Department,
the BFRDI and the Fisheries Scholarship Program for the succeeding years to be
included in the annual GAA.
SEC. 133. Effectivity -- This Code shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general publication.
a. Dolphins. -. Any of certain small- "All animals except man know that the ultimate of life is to
toothed marine mammals of the enjoy it" --Samuel Butler
Order Cetacea having beaklike
snouts, the neck vertebrae of which
is partially fused.
b. Take or catch - includes the killing, capturing, trapping, snaring and netting
of dolphins.
c. Sell - includes barter, exchange, or offering or exposing for sale.
d. Purchase - means to buy and includes agreeing or offering to buy.
e. Possess - means to have actual or constructive possession or control
thereof.
f. Transport - means to carry or move or cause to be carried or moved.
g. Export - means to send or ship out of the country.
SEC. 3. Penalty. - Violation of this Order shall subject the offender to a fine of not
less than five hundred (P500.00) pesos to not more than five thousand
(P5,000.00) pesos or imprisonment from six (6) months to four (4) years, or both
such fine and imprisonment in the discretion of the Court: Provided, That the
Director of Fisheries and Aquatic Resources is hereby empowered to impose
upon the offender an administrative fine of not more than five thousand
(P5,000.00) pesos or to cancel his permit or license or to impose such fine and to
cancel his permit or license at his discretion including the confiscation of the
dolphins for proper disposition of the government.
SEC. 4. Effectivity. - This Order shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in two (2) newspapers of general
circulation.
SEC. 2. Prohibition – It shall be unlawful to take or catch whale shark and manta
rays in Philippine waters or to sell, purchase, possess, transport, or export the
same whether dead or alive, in any state or form whether raw or processed.
It shall likewise, be unlawful to wound or to kill whale shark and manta rays
in the course of catching other species of fish. Whale shark and manta rays which
are accidentally included in the catch by any gear shall immediately be released
unharmed in the sea; otherwise the liability shall be deemed to still exist. Dead
whale shark and manta rays which are drifted to the seashore shall be
surrendered to the nearest Department of Agriculture (DA) Regional Field Unit or
Bureau of Fisheries Regional or Provincial Fishery Office, as the case may be for
proper disposition.
SEC. 4. Penalty – Violation of this Order shall subject the offender to a fine of not
less than five hundred (P500.00) pesos to not more than five thousand (P5,000)
pesos or imprisonment from six (6) months to four (4) years, or both such fine and
imprisonment depending on the discretion of the court: Provided, That the Director
of Fisheries and Aquatic Resources is hereby empowered to impose upon the
offender an administrative fine not more than five thousand (P5,000.00) pesos or
to cancel his permit or license or to impose such fine and to cancel his permit or
license at his discretion including the confiscation of the whale shark and/or manta
rays for proper disposition/documentation of the government.
SEC. 2. Illegal Acts - Any person who shall hunt, kill, wound or take away,
possess, transport and/or dispose of Dugong or Sea Cow, dead or alive, its meat
or any of its by-products in violation of the provisions of this Order shall he
punished by imprisonment from six (6) months to four (4) years or a fine from Five
Hundred Pesos (P500.00) to Five Thousand Pesos (P5,000.00) or both upon
sound discretion of the Court, pursuant to Section 38 (d) of PD 704 or the
Philippine Fisheries Code.
SEC. 4. Implementing DENR Unit - The Protected Areas and Wildlife Bureau
(PAWB) through the Pawikan Conservation Project (PCP) shall lead the
implementation of this Order. It shall generate funds and implement a national
program for the conservation and protection of the country's remaining Dugong or
Sea Cow population and shall also coordinate With other concerned agencies
likewise involved in the conservation and management of the country's marine
resources.
The Offices of the Undersecretary for Environment and Research and the
Undersecretary for Field Operations through their respective bureaus and regional
offices shall assist PAWB in the enforcement of the provisions of this Order.
SEC. 5. Effectivity - This Order shall take effect fifteen (15) days after publication
in newspapers of general circulation.
SEC. 2. Any person who violates the provision of this Act shall be punished with
imprisonment of not less than six months or fine of not less six months or fine of
not less than One thousand pesos
(P1,000.00) or both such
imprisonment and fine at the
discretion of the court.
Riparian owner refers to the owner of the land that adjoins a river. The soil
deposited on the riparian land automatically becomes the property of the riparian
owner. However, owners of land that adjoins the sea are, strictly speaking, called
littoral owners. The accretion thereto is land of public domain, i.e., public land.
The littoral owner has preferential right to register the property in case said land is
not needed for public use.
Facts:
During the pendency of the Land Registration case, Navarro and his privies
built a provisional dike thereon. For this reason, Pascual filed a complaint of
ejectment against Navarro. He lost and later appealed to the CFI of Balanga,
Bataan. The Court consolidated the two cases of land registration and ejectment
and rendered judgment finding the subject property to be foreshore land and,
being a part of the public domain, cannot be subject of land registration
proceedings.
Pascual appealed to the CA which reversed the findings of the lower court
and granted the petition for registration. The CA found that the land in question is
an accretion formed by the action of two rivers which bounded Pascual's property.
Thus, being the Riparian owner, he is entitled to the accretion.
Issue: May the land sought to be registered be deemed an accretion in the sense
that it naturally accrues in favor of the Riparian owner or should the land be
considered as foreshore land?
Held: Land is foreshore. Accretion as a mode of acquiring property under said
Article 457 of the Civil Code, requires the concurrence of the following requisites:
Accretion is the process whereby the soil deposited on the land fronts the
river bank. In this case, the owner of such estate is called the Riparian owner.
Riparian owners are, strictly speaking, distinct from the littoral owners, the latter
being owners of lands bordering the shore of the sea or lake or other tidal waters.
The alluvium, by mandate of Article 457 of the Civil Code, is automatically owned
by the Riparian owner from the moment the soil deposit can be seen.
The controversy, however, (as distinguished from the Laguna de Bay which
is considered a lake) brings a situation calling for the application of Article 4 of the
Spanish Law of Waters of 1866 which states:
In the light of the aforecited vintage but still valid law, the land created by
the action of the waves of the sea is public land. As part of the public domain, the
disputed land is intended for public use, and "so long as the land in litigation
belongs to the national domain and is reserved for public uses, it is not capable of
being appropriated by any private person, except (in certain specific instances,
e.g. when it is no longer needed for public purposes, etc.)."
"The law recognizes the preferential right of the littoral owner to the
foreshore land formed by accretions or alluvial deposits due to the action of the
sea.
"The reason for that preferential right is the same as the justification for
giving accretions to the riparian owner, which is that accretion compensates the
riparian owner for the diminution which his land suffers by reason of the
destructive force of the waters. So, in the case of littoral lands, he who loses by
the encroachments of the sea should gain by its recession."
∗
Unless otherwise indicated, sections refer to provisions contained in R.A. 8550, (The Fisheries Code) The
contributions of Suzanne Babb and the Coastal Resource Management Project in the preparation of this table
are gratefully acknowledged.
Destructive/Illegal Fishing Practice Penalty
• Fine mesh nets are those with mesh- • A fine from P2,000.00 to P20,000.00
size of less than 3 cms. measured or imprisonment from 6 months to 2
between two opposite knots of a full years or both such fine and
mesh when stretched or as otherwise imprisonment at the discretion of the
determined by the appropriate court
government agency • If the offense is committed by a
commercial fishing vessel, the boat
captain and the master fisherman shall
also be subjected to the penalties
provided herein
• The owner/operator of the
commercial fishing vessel shall be
subjected to the same penalties
• The Department of Agriculture-
Bureau of Fisheries and Aquatic
Resources (BFAR) is empowered to
impose upon the offender an
administrative fine and/or cancel his
permit or license or both
Where a case for illegal fishing with dynamite is brought to the Municipal
Court and it finds that the same is beyond its jurisdiction, the Court should
conduct a preliminary investigation and elevate the case to the proper court (the
RTC) if it finds probable cause. The Court cannot simply consider the case as a
lower offense and decide it then and there.
Facts:
The two accused were apprehended in the seawaters of Cebu aboard a
banca and in the possession of dynamites and other fishing implements. An
Information (indictment/charge sheet) was filed against them for violation of
Presidential Decree No. 1058 or for illegal fishing. They were brought to
respondent Municipal Circuit Judge, but the latter, instead of conducting
preliminary investigation, treated the complaint as a violation of Act 3023 which
prohibits the manufacture, possession aw sale of dynamite without a special
permit. He proceeded to arraign the accused, who pleaded guilty, and sentenced
them to four months imprisonment and a fine.
Issue: What is the offense committed in this case? Who should have jurisdiction
to try the offense?
Held:
The acts committed by the two accused properly falls within the letter of
Presidential Decree No. 704, as amended by Presidential Decree No. 1058 which
penalizes the possession of explosives intended for use in illegal fishing. The
Judge erred in disregarding the charge in the Information. The proper action for a
municipal judge where the offense charged does not fall within the jurisdiction of
the Municipal Court is either to elevate the case to the proper court with the
results of the preliminary investigation or in the absence of probable cause, to
dismiss the case. He has no jurisdiction to decide the cast on the merits.
De Guzman v. Escalona
97 SCRA 619, May 16,1980
Note that Presidential Decree No. 704 has since been revised as Republic
No. 8550 (Fisheries Code of 1998) and the offenses of blast/dynamite fishing and
possession of explosives for fishing have since been consolidated into this law.
However, it must be pointed out that the act of possessing explosives without a
permit is also a violation of Presidential Decree No. 1866.
Facts:
This is an appeal from the decision granting the petition for replevin
instituted by Magdayo Ramirez, owner of the sea vessel Tony Lex I, to recover 85
tubs of fish seized by the Philippine Navy from the said vessel. Ramirez based his
petition on law which stated in part that "not more than one kilo" of fish or aquatic
animals should be taken as samples for examination by the authorities to
determine whether the said specimens were killed or stupefied using illegal
equipment or chemicals. The lower court held that the seizure of the 85 tubs of
fish was illegal.
Held:
No. The seizure was made by the Philippine Navy after a finding was made
by the fishery product examiner of the Bureau of Fisheries from samples taken
earlier that the fish in question had been killed or caught with the use of dynamite.
The law provides that the mere possession of these fish is a crime. Thus,
the above-quoted provision is inapplicable to the case instead, it should be
"governed by the rule to the effect that the subject of the offense and the
proceeds thereof are proper objects of seizure. This is particularly so when-as it is
in the present case-the mere possession of the objects seized constitutes a crime,
for the holder of said objects is then committing a crime in the presence of the
officer effecting the seizure. Thus, despite the absence of a search warrant, the
seizure is valid and legal."
Republic v. Cansino
5 SCRA 103, May 26, 1962
This is also known as being “caught in the act.” Any person, whether a
private citizen or an enforcement officer, may proceed to effect the arrest.
Fencing
If someone buys fish knowing, actually or presumptively, that it was illegally
caught, the buyer may also be charged with violation of anti-fencing law.
Facts:
The accused crew members of F/B Robinson were apprehended by
members of the PNP Maritime Command off the coast of Puerto Princesa,
Palawan. They were brought to the city and charged with fishing with the use of
sodium cyanide. The trial court found them guilty and the CA affirmed. Two issues
were presented before this Court:
Issues:
1. Is the warrantless search and seizure of the boat valid?
2. Is the statutory presumption of guilt under Sec. 33 of Presidential Decree No.
704 valid?
Held:
1. Yes. "Search and seizure of vessels and aircrafts without a search warrant for
violations of customs law, have been the traditional exceptions to the
constitutional requirement of a search warrant. It is rooted on the recognition
that a vessel and an aircraft, like motor vehicles, can be quickly moved out of
the locality a or jurisdiction in which the search warrant must be sought and
secured." 'The same exception ought w apply to seizures of fishing vessels
and boats breaching our fishery laws."
2. Yes. The third paragraph of Sec. 33 of Presidential Decree No. 704 (now R.A.
No. 8550) creates a presumption of guilt whenever: (a) explosives, obnoxious
or poisonous substances or equipment or device for electric fishing are found
in a fishing boat or in the possession of a fisherman; or (b) when fish caught or
killed with the use of explosives, obnoxious or poisonous substances or by
electricity are found in a fishing boat. The presumption is "based on facts
proved and hence is not constitutionally impermissible." "The fact presumed is
a natural inference from the fact proved."
Hizon v. CA
265 SCRA 517, December 13,1996
Evidence of Blast-Fishing
Facts:
Renerio Vergara together with three co-accused were fishing in the waters
of Palo, Leyte using bottled explosives (badil) to catch, take and gather fish locally
known as bolinao. They were seen and apprehended by the Bantay Dagat team
patrolling the area and their various illegal fishing paraphernalia including the
fish caught were confiscated. They were charged and found guilty by the
RTC of Tacloban City for violating Sections 33 and 38 of Presidential Decree No.
704, as amended by Presidential Decree No. 1508, pertaining to illegal fishing.
Vergara appeals to this Court alleging that the trial court erred in convicting him.
Held:
Yes. Aside from the illegal fishing paraphernalia taken from Vergara, other
evidence point to the commission of the crime alleged. According to an
agricultural technologist and fish examiner working with the Bantay Dagat team,
the fish samples taken from the accused showed signs of ruptured capillaries,
ruptured and blooded abdominal portion, and crushed internal organs indicating
that explosives were indeed used.
People v. Vergara
270 SCRA 624, April 2,1997
Facts:
Two fishing vessels, Tony Lex VI and Tony Lex III, repeatedly violated
fishing laws. On August 5 or 6, 1965. the two fishing boats were seized for illegal
fishing with dynamite off the coast of Palawan. Fish caught with dynamite and
sticks of dynamite were found aboard. Two Informations were filed against each
set of crew members of the vessels for violation of Act No. 4003, as amended, for
illegal fishing with dynamite. Subsequently. the CFI of Palawan ordered the
Philippine Navy to take custody of the boats. That same day, the respondent
owners of the vessels filed a petition for preliminary mandatory injunction with CFI
of Manila against herein petitioners. They alleged, among others, that the boats
were in the act of legitimate fishing operations when they were seized and that
whatever violations committed by the crew members of the vessels were already
settled by virtue of a compromise agreement with the Secretary of Agriculture and
Natural Resources dated September 1, 1965. Despite opposition by Roldan, then
the Commissioner of the Philippine Fisheries Commission, the injunction was
issued upon filing of a minimal bond. Hence this petition.
Held:
No. When the challenged order was issued, the fishing vessels were
already under the jurisdiction of the CFI Palawan by virtue of its orders directing
the Philippine Navy to detain said vessels, It is immaterial that the vessels were
then docked in the Philippine Navy basin in Manila. The vessels are subject to
forfeiture as instrument:, of the crime. Jurisdiction of the vessels acquired by the
Palawan court cannot be interfered with by another CFI. Only the Palawan court
can order the release of the vessels.
Since January 28, 1964, both vessels were cited for violation of fishing
laws and were either ordered impounded or forfeited. When they were
apprehended in August 5 or 6, both vessels were without any permit or license to
fish. Moreover, they were caught in flagrante, unlawfully fishing with explosives.
Thus, the detention of crew without a warrant of arrest is lawful and the seizure of
the vessels, its equipment and the dynamite used equally valid as an incident to a
lawful arrest.”
Roldan v. Arca
65 SCRA 336, July 25, 1975
Fishery Privileges
Municipalities and cities have jurisdiction over their municipal waters and
may grant fishery privileges to certain persons. The principle embodied in this
decision has actually been reaffirmed and made more explicit in the Local
Government Code of 1991.
Facts:
Ten defendants were caught off the coast of Batangas fishing with a
torchlight in a portion of the sea marked off as No. 106. That place was intended
for a fish weir and leased for that purpose to Lino Mendoza. There was yet no
wire installed and the fishing was done without the consent or knowledge of the
lessee. The defendants were charged with violation of Municipal Ordinance No. 4,
regulating fishing privileges in the municipality of Batangas.
Held:
The right to engage in fishing is a common and general one, but it can be
regulated by a municipal corporation under a provision of law or authority granted
by the Legislature, being in this case, a delegation of the State's authority to the
municipality. By virtue of such authority, a municipality may also grant to the
inhabitants the exclusive right to fish in the sea within the municipal boundaries.
US v. Hernandez
31 Phil. 343, August 26, 1915
Whereas, recognizing that the capacity of the sea to assimilate wastes and
render them harmless, and its
ability to regenerate natural
resources is limited;
Whereas, it is our
responsibility to control public and
private activities that cause
damage to the marine environment
by using the best practicable
means and by developing improved
disposal processes to minimize "There is a rapture on the lonely shore,
harmful wastes; There is society, where none intrudes,
By the deep sea, and music in its roar."
--Lord Byron, (George Gordon)
Whereas, there is an urgent need to prevent, mitigate or eliminate the
increasing damages to marine resources as a result of pollution;
SECTION 1. Title — This Decree shall be known as the Marine Pollution Decree
of 1976.
a. Discharge includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying or dumping but does not include discharge of
effluents from industrial or manufacturing establishments, or mill of any
kind.
b. Dumping means any deliberate disposal at sea and into navigable waters
of wastes or other matter from vessels, aircraft, platforms or other man-
made structures at sea, including the disposal of wastes or other matter
directly arising from or related to the exploration, exploitation and
associated off-shore processing of sea bed mineral resources unless the
same is permitted and/or regulated under this decree: Provided, That it
does not mean a disposition of any effluent from any outfall structure to the
extent that such disposition is regulated under the provisions of Republic
Act Numbered Three Thousand Nine Hundred Thirty-One, nor does it
mean a routine discharge of effluent or other matter incidental to the
propulsion of, or derived from the normal operations of vessels, aircraft,
platforms or other man-made structures at sea and their equipment.
c. Oil means oil of any kind or in any form including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than
dredge spoil.
d. Navigable Waters means the waters of the Philippines, including the
territorial sea and inland waters which are presently, or be in the future
susceptible for use by watercraft.
e. Vessel means every description of watercraft, or other artificial contrivance
used, or capable of being used, as a means of transportation on water.
f. Person includes any being, natural or juridical, susceptible of rights and
obligations or of being the subject of legal relations.
g. Refuse means garbage, waste, wood residues, sand, lime cinders ashes,
offal, nightsoil, tar, dye staffs, acids, chemicals and substances other than
sewage and industrial wastes that may cause pollution.
The Philippine Coast Guard shall promulgate its own rules and regulations
in accordance with the national rules and policies set by the National Pollution
Control Commission upon consultation with the latter, for the effective
implementation and enforcement of this decree and other applicable laws, rules
and regulations promulgated by the government.
SEC. 7. Penalties for Violations — Any person who violates Section 4 of this
Decree or any regulations prescribed in pursuance thereof, shall be liable for a
fine of not less than Two Hundred Pesos (P200.00) nor more than Ten Thousand
Pesos (P10,000.00) or by imprisonment of not less than thirty (30) days nor more
than one year or both such fine and imprisonment, for each offense, without
prejudice to the civil liability of the offender in accordance with existing laws.
Any vessel from which oil or other harmful substances are discharged in violation
of Section 4 or any regulation prescribed in pursuance thereof, shall be liable for
the penalty of fine specified in this section, and clearance of such vessel from the
port of the Philippines may be withheld until the fine is paid.
In addition to the penalties above prescribed, the Philippine Coast Guard shall
provide in its rules and regulations such reasonable administrative penalties as
may be necessary for the effective implementation of this decree.
SEC. 8. Containment and Recovery System — The Philippine Coast Guard shall
develop an adequate capability for containment and recovery of spilled oil for
inland waters and high seas use. An initial amount of five million pesos (P5M) is
hereby appropriated for the procurement of necessary equipment for this purpose.
For the succeeding fiscal years, the appropriation for the development of such
capability shall be included in the Philippine Coast Guard portion of the General
Appropriation Decree.
SEC. 9. Repealing Clause — All laws, rules and regulations inconsistent with this
decree are hereby repealed or modified accordingly.
SEC. 3. Specific Functions - The Philippine Coast Guard shall perform the
following functions:
a. To prevent and suppress illegal entry, smuggling, other customs frauds and
violations of other maritime laws that may be committed within the waters
subject to the jurisdiction of the Republic of the Philippines, and for the
purpose surveillance by the Philippine Coast Guard may be made on
vessels entering and/or leaving the Philippine territory;
b. To assist in the suppression of fishing by means of dynamite, explosives or
toxic substances or other methods as may be declared destructive by
proper authorities;
c. To promulgate and enforce rules for lights, signals, speed, steering, sailing,
passing, anchorage, movement and towlines of vessels and lights and
signals on bridges;
d. To approve plans for the construction, repair, or alteration of vessels;
approve materials, equipment and appliances of vessels; approved the
classification of vessels; inspect vessels and their equipment and
appliances; register all types of motorized watercraft plying in Philippine
waters; issue certificates of inspection and of permits indicating the
approval of vessels for operation; issue certificates of Philippine registry of
vessels; administer load line requirements; promulgate and enforce other
provisions for the safety of life and property on vessels; and determine the
numbering of undocumented vessels: Provided, That certification and
approval of any plans, equipment and any vessel by internationally known
classification societies which are recognized by the Philippine Government
shall be deemed to have complied with this section;
e. To issue licenses and certificates to officers, pilots, major and minor
patrons and seamen, as well as suspend and revoke such licenses and
certificates;
f. To investigate marine casualties and disasters including those arising from
marine protests filed with the Bureau of Customs relative to the liability of
ship-owners and officers;
g. To enforce laws, rules and regulations governing manning, citizenship and
mustering and drilling of crews requirements, control of logbooks,
shipment, discharge, protection, and welfare merchant seamen;
h. To enforce laws requiring the performance of duties of ship-owners and
officers after accidents;
i. To prescribe and enforce regulations for outfitting and operation of
motorboats and the licensing of motorboat operators;
j. To regulate regattas and marine parades;
k. To render aid to distressed persons or vessels on the high seas and on
waters subject to the jurisdiction of the Philippines, and, in this connection,
the Philippine Coast Guard may perform any and all acts necessary to
rescue and aid persons; furnish clothing, food, lodging, medicine and other
necessary supplies and services to persons succored; protect, save, and
take charge of all property saved from marine disasters until such property
is delivered to persons authorized to receive it or is otherwise disposed of
in accordance with law or applicable regulations; and collect and take
charge of bodies of those who may perish in such disasters;
l. To develop, establish, maintain, and operate aids to maritime navigation. In
the performance of these functions, the Philippine Coast Guard is
authorized to destroy or tow in port sunken of floating dangers to
navigation;
m. To supervise nautical schools with reference to activities relative to
navigation, seamanship, marine engineering and other allied matters, in
coordination with the Department of Education;
n. To perform functions pertaining to maritime communications which are not
specifically delegated to some other office or department; and
o. To assist, within its capabilities and upon request of the appropriate
authorities, other Government agencies in the performance of their
functions, within the waters subject to the jurisdiction of the Philippines,
relating to matters and activities not specifically mentioned in this section:
Provided, That in the exercise of these functions, personnel of the
Philippine Coast Guard shall be deemed to be acting as agents of the
particular departments, bureau, office, agency or instrumentality charged
with the enforcement and administration of the particular law. Members of
the Philippine Coast Guard are peace officers for all purposes of this Act
and shall be, and shall act, as law enforcement agents of the Bureau of
Customs, and the Bureau of Immigration, the Bureau of Internal Revenue,
the Fisheries Commission, and such other departments, bureaus or offices
in the enforcement of pertinent laws, rules and regulations.
SEC. 6. Interference with Aids to Navigation - It shall be unlawful for any person,
association or corporation, to remove, change the location of, obstruct, willfully
damage, make fast to, or interfere with any aid to maritime navigation.
SEC. 7. Penal Provisions - Any person, association or corporation who violate any
provision of this Act, or the rules and regulations made thereunder, shall upon
conviction, be punished with a fine of not less than one hundred pesos nor more
than five hundred pesos or by imprisonment of not less than thirty days nor more
than six months or both: Provided, finally, That, in case the violation is committed
by an association or corporation, the penalty herein prescribed shall be imposed
on the responsible officers or directors thereof: Provided, finally, That, nothing in
this Act shall prevent the Philippine Coast Guard from providing administrative
penalties for violation of any regulation that it promulgates.
SEC. 8. To carry out the purposes of this Act, there is hereby appropriated, out of
any funds in the National Treasury not otherwise appropriated, the sum of fifteen
million three hundred twenty-seven thousand five hundred pesos for the purchase
of watercraft, personnel services, requirement for maintenance and other
operating expenses: Provided, That sixty thousand pesos shall be used
exclusively for the updating of the Philippine merchant maritime regulations. To
enable the Philippine Coast Guard to acquire the necessary vessel-requirement to
accomplish effectively its mission, the sum of nine million pesos each year for the
first two years after the passage of this Act and thirteen million pesos each for the
succeeding three years shall be included in the annual General Appropriations
Act.
SEC. 9. All laws, executive orders, rules and regulations and parts thereof
inconsistent with this Act are hereby repealed.
SEC. 10. This Act shall take effect upon its approval.
“To see a world in a grain of sand and heaven in a wild flower Hold infinity in the palms of
your hand and eternity in an hour” -- William Blake
SECTION 1. Title — This Decree shall be known as the Revised Coast Guard
Law of 1974.
SEC. 2. Coast Guard objectives — The Philippine Coast Guard created pursuant
to Republic Act No. 5173 shall have the following general objectives:
a. To enforce or assist in the enforcement of all applicable laws upon the high
seas and territorial waters of the Philippines including all ports, customs
zones, waterways and other inland waters;
b. To enforce laws, promulgate and administer regulations for the promotion
of safety of life and property within the maritime jurisdiction of the
Philippines;
c. To develop, establish, maintain and operate with due regard to the
requirements of national defense aids to maritime navigation for the
promotion of safety on and over high seas and territorial waters of the
Philippines;
d. To promulgate, administer and enforce rules and regulations, operate
rescue facilities and participate in behalf of the Philippine government in
international conferences for regional cooperation relative to the promotion
of safety of life and property at sea;
e. To provide necessary assistance to government agencies promoting the
economic development of the maritime industry in the Philippines; and
f. To enforce laws, promulgate and administer regulations for marine
environmental protection of the territorial waters of the Philippines.
SEC. 5. Specific functions — The Philippine Coast Guard shall perform the
following functions:
SEC. 10. Interference with aids to navigation — It shall be unlawful for any
person, association, or corporation, to remove, change the location of, obstruct,
willfully damage, make fast to, or interfere with any aid to maritime navigation.
SEC. 11. Penal provision — Any person, association, or corporation that violates
any provision of this Decree, or the rules and regulations promulgated thereunder,
shall, upon conviction, be punished with a fine of not less than two hundred pesos
nor more than one thousand pesos or by imprisonment of not less than thirty days
nor more than six months, or both; Provided, That, in case the violation is
committed by an association or corporation, the penalty herein prescribed shall be
imposed on the responsible officers or directors thereof; Provided, finally, That
nothing in this Decree shall prevent the Philippine Coast Guard from providing
administrative penalties for violation of any regulation that it promulgates.
SEC. 12. Appropriation — Such sums as may be needed to carry out the
provisions of this Decree which are now appropriated for the Philippine Coast
Guard shall continue to be carried in the annual General Appropriations Decree
and increase correspondingly until the Coast Guard shall have attained fully its
growth and shall be authorized a separate Project under Program II of the
Program and Budget System of the Armed Forces of the Philippines to be
denominated Coast Guard Operations, with the Commandant, Philippine Coast
Guard as the Project Coordinator/Administrator. Notwithstanding the amount
specifically provided in the appropriations for the Philippine Coast Guard, any
revenue collected and/or donations received by it shall be automatically
appropriated for the Philippine Coast Guard.
SEC. 13. All laws, decrees, orders, instructions, rules and regulations and parts
thereof inconsistent with this Decree are hereby repealed and/or modified
accordingly.
WHEREAS,
recognizing that the
capacity of the sea to
assimilate wastes and
render them harmless,
and its ability to
regenerate natural
resources is limited;
WHEREAS, "Look deep into nature, and then you will understand everything better." --Albert
knowing that marine Einstein
pollution originates
from many sources, such as dumping and discharging through the rivers,
estuaries, brooks or springs;
SECTION 1. Title - This Decree shall be known as the Marine Pollution Decree of
1974.
a. "Discharge" includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying or dumping.
b. "Dumping" means any deliberate disposal at sea of wastes or other matter
from vessels, aircraft, platforms or other man-made structures at sea, but
does not include (1) the disposal at sea of wastes or other matter incidental
to or derived from the normal operations of vessels, aircraft, platforms or
other man-made structures at sea and their equipment, nor (2) the disposal
of wastes or other matter directly arising from or related to the exploitation
and associated off-shore processing of seabed mineral resources.
c. "Oil" means oil of any kind or in any form including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than
dredge spoil.
d. "Ocean Waters" means all marine waters other than the territorial sea and
inland waters of the Philippines and other states.
e. "Public Vessel" means a vessel owned or bareboat chartered and operated
by the Republic of the Philippines, and political subdivision thereof, or by a
foreign nation, except when such a vessel is engaged in commerce.
f. "Tank vessel" means any vessel especially constructed or converted to
carry liquid bulk cargo in tanks.
g. "Tank barge" means any tank vessel not equipped with a means of self
propulsion.
h. "Vessel" means every description of watercraft, or other artificial
contrivance used, or capable of being used, as a means of transportation
on water.
i. "Person" means an individual, partnership, corporation, or association any
owner, master, officer or employee of the Republic of the Philippines.
SEC. 4. Deposit of Refuse in Navigable Water - It shall be unlawful to throw,
discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or
deposited either from or out of any ship, barge, or other floating craft of any kind,
or from the shore, wharf, manufacturing establishment, or mill of any kind, any
refuse matter of any kind or description whatever other than that flowing from
streets and sewers and passing therefrom in a liquid state, into any navigable
water of the Philippines, or into any tributary of any navigable water from which
the same shall float or be washed into such navigable water; and it shall be
unlawful to deposit, or cause, suffer or procure to be deposited material of any
kind in any place on the bank of any navigable water or on the bank of any
tributary of any navigable water, where the same shall be liable to be washed into
such navigable water, either by ordinary or high tides, or by storms or floods, or
otherwise, whereby navigation shall or may be impeded or obstructed or increase
the level of pollution of such waters: Provided, that nothing herein contained shall
extend to, apply to, or prohibit the operations in connection with the improvement
of navigable waters or construction of public works; Provided, further, That the
Commandant, Philippine Coast Guard, whenever in his judgment navigation will
not be injured thereby, may permit the deposit of any material above mentioned in
navigable waters, within limits to be defined and under conditions to be prescribed
by him, provided application is made to him prior to depositing such material; and
whenever any permit is so granted the conditions thereof shall be strictly complied
with and any violation thereof shall be unlawful.
SEC. 6. Penalties for Violations - Any person who violates Sections 4 or 5 of this
Decree or any regulation prescribed in pursuance thereof, shall be liable to a fine
of not less than P5,000, or by imprisonment not exceeding one year nor less than
thirty days, or both such fine and imprisonment, for each offense. Any vessel from
which oil or other harmful substances are discharged in violation of Sections 4 or
5 or any regulation prescribed in pursuance thereof, shall be liable for the
pecuniary penalty specified in this section, and clearance of such vessel from a
port of the Philippines may be withheld until the penalty is paid, and said penalty
shall constitute a lien on such vessel, which may be recovered in proceedings by
libel in rem in a court of first instance within which the vessel may be.
SEC. 7. Responsibility and Liability on Oil Spills - Any ship, tank vessel, tank
barge or any other watercraft which accidentally or otherwise discharged oil or oily
mixture on waters subject to the jurisdiction of the Philippines, the person in
charge of the vessel shall immediately notify the Philippine Coast Guard, giving
particulars of the name of the ship and company, location of spill, type of oil
spilled, and quantity. In addition, the weather, tide, sea conditions and cause of
spill shall be reported. Any person in charge of a vessel who fails to notify the
Coast Guard of any oil or oily mixture discharged from his vessel is liable to a fine
of P10,000 or imprisonment of not more than six months but not less than 30
days. The owner or operator of a vessel or facility which discharged the oil or oily
mixture may be liable to pay for any clean-up costs.
SEC. 10. Repealing Clause - Any law, rules and regulations inconsistent with this
Decree is hereby repealed or modified accordingly.
SECTION 1. Title of the Act — This Act shall be known as the “Department of the
Interior and Local Government Act of 1990.”
The police
force shall be
organized, trained
and equipped
primarily for the
performance of
police functions. Its
national scope and
civilian character
shall be
paramount. No
element of the
police force shall
be military nor
shall any position
thereof be
occupied by active
members of the
Armed Forces of
the Philippines. "The voice of the sea speaks to the soul. The touch of the sea is sensuous, enfolding the body in its
soft, close embrace." --Kate Chopin
SEC. 86. Assumption of the PNP of Police Functions – The PNP shall absorb the
functions of the PC, the INP, and the Narcotics Command upon the effectivity of
this Act.
All the function of the PAFSECOM and the police function of the Coast
Guard shall be taken over by the PNP when it acquires the capability to perform
such functions after the transition period of eighteen (18) months. The personnel
of the PAFSECOM or the Coast Guard shall, within the transition period, have the
option to join the PNP or remain with the PAFSECOM or the Coast Guard as the
case may be.
Unity of Functions
While the Maritime group has greatly expanded police powers, it is sorely
under-funded and ill-equipped. On the other hand, the Coast Guard has more
floating assets and resources, despite more limited functions. It is necessary to
consider a memorandum of cooperation whereby the Maritime Group is given
access to the resources (especially the boats) of the Coast Guard while the latter
may have access to the additional manpower of the PNP Maritime Group. After
all, it is the same sea both seek to protect.
Maritime Industry Authority (Presidential Decree 474)
Whereas, there is
imperative need to modernize and
expand the Philippine merchant
fleet, and to rationalize and
"We may brave human laws, but we cannot resist natural improve their operations in order to
ones." --Jules Verne make them effective instruments in
promoting domestic production,
inter-island and overseas trade,
price stabilization, and employment generation;
SECTION 1.Title — This Decree shall be known as the Maritime Industry Decree
of 1974.
Sea – Fever
I must go down to the seas again, to the lonely sea and sky,
And all I ask is a tall ship and a star to steer her by,
And the wheel’s kick and the wind’s song and the white sail’s shaking,
And a grey mist on the sea’s face, and a grey dawn breaking.
I must go down to the seas again, for the call of the running tide
Is a wild call and a clear call that may not be denied;
And all I ask is a windy day with the white clouds flying,
And the flung spray and the blown spume, and the sea-gulls crying.
I must go down to the seas again to the vagrant and gypsy life.
To the gull’s way and the whale’s way where the wind’s like a whetted knife;
And all ask is a merry yarn from a laughing fellow-rover,
Quiet sleep and a sweet dream when the long trick is over.*
*
John Masefield
"We ourselves feel that what we are doing is just a drop in the ocean. But the ocean would be less
because of that missing drop." --Mother Teresa of Calcutta
Fresh Water
The second most important element of life after air is water. It is also the
most abused.
Water comes in two kinds – sea water and fresh water. Water in its
entirety makes up about ¾ of the surface area of the Earth. The rest is land.
If we likened all the water in the world to 100 drops of water in the world, 97
drops are made up of salty water, and the remaining three drops is made of fresh
water. Of the remaining three drops of freshwater, there are two that are found
locked in glaciers and underneath the ground, the so-called aquifers, and only one
drop is what we find on the surface, circulating in the atmosphere as rain or snow
(precipitation) and flowing through the rivers and streams.
The whole point of this discussion on how much freshwater there is in the
atmosphere is that it is very limited. As we know, it is the source of life. Without
food, we can last for weeks, but without water, after 72 hours, the organs,
especially the kidneys, begin to falter and fail.
Yet, because we are either not aware of how limited are the sources of
fresh water we tend to misuse, and often abuse it. Note for example: We use
potable fresh water to not only to wash things (like our motor vehicles), in the 20th
century, we even used potable fresh water to flush down human wastes. Worse,
we even dirty the very water that we drink with our human-generated wastes –
from our houses (in the form of domestic sewage) and from our factories (in the
form of industrial pollution). Truly, this is a very unusual trait of humankind.
Among all the animals in the animal kingdom, we, supposedly wise creatures, are
the only animals that dirty the very water that we drink.
And then there is our treatment of our waterways and seashores. It is said
that ‘water seeks its own level.’ What does that mean?
It only means that water will find a way to penetrate spaces where it can. If
a space that was once filled up with water will be filled up with land, the water
displaced will seek some space elsewhere.
In the case of the seashore, there must be a wide margin of the beach that
must be kept open and free at all times. The reasons are many. One is for safety.
If humans build there homes too close to the sea, they risk destruction and death
during sudden storm surges or typhoons when large waves hit the shore. Second
is for recreation. The seashore is a primary place of recreation for everyone – for
the public in general. It is on the beach and beside that sea where man seeks to
return and communes with Mother Nature. After all, hundreds of millions of years
ago, did all life not come from the womb of Mother Sea? Thus, the law reserves
the seashore and the beaches as ‘land of public domain’ for everyone to enjoy.
Besides, there is nothing more beautiful to behold than the sight of an open beach
and the grand vista of the Sea.
As such, therefore, it should never be the subject of any private land title.
For special public uses (such as ports), the State, as trustee of the people, may
grant a temporary permit. This comes in the form of ‘foreshore lease agreement’
or some such instrument of tenure or occupation.
And then there is a third reason for keeping the beaches open: It is
reserved to people to have access to when go fishing. Especially in such bountiful
seas as the Philippines, one can just go fishing from the seashore. In an island in
theVisayan Sea, people still talk of the time when the sea was so rich, they would
just go down to the seashore, cast their nets into the sea and catch enough for a
family to eat for the day, with some more to dry and save for the rainy days. They
still talk of the time for example, only about 30 years ago, when they would go to
the foreshore areas not with hook and line, nor with nets, but with a BASKET to
simply scoop out dozens of fish (especially the delicious danggit), from the tidal
pools.
And then there is a fourth reason: This margin of land along the seashore
is reserved for navigational use. There are times when a boat may be in distress
and must seek immediate shelter on land. And even if a boat is not in distress,
there small boats cannot be placed on water the whole year round and must be
kept dry (temporary dry-docked) especially when it is not in use or when the
waves are strong and it is unsafe to leave the boat in the water.
In Law is this called ‘land of public domain.’ It means that this land is not
capable of being owned by any private person for exclusive private use. In a
large sense, it is like the road – it is for use by everyone and not just by any
private individual. It cannot be titled to any private individual. And even if it is so
titled, this area must be kept open and free for the use by everyone. That is why
the Law reserves this area as an easement zone.
We go through a lengthy discussion of the reasons for the Law to set the
stage for everyone to understand why this area, this margin of land on the
riverbank and on the seashore, must be kept open and free at all times – for
recreation, navigation, salvage and ‘floatage’. It also makes us understand the
reason behind the law (in Latin, it is called the ratio legis) why the Law provides
that:
“The banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of 3 meters in urban areas, 20
meters in agricultural areas, and 40 meters in forest (or protected) areas, along
their margins are subject to the easement zone of public use in the interest of
recreation, navigation, floatage, fishing and salvage. No person shall stay in this
zone longer than what is necessary for recreation, navigation, floatage, fishing, or
salvage or to build structures of any kind.” (Section 51, Pres. Decree 1067,
The Water Code; See also Section 16 of Pres. Decree 705, The Forestry Code,
for the definition of ‘forest land’ which cannot be the subject of occupation and
unlawful construction).
There are a few things that need to be recalled for better clarity:
Flooding is not water in the wrong place. Water was there long before men
came along. Flooding is man in the wrong place.
Chapter 1
General Provisions
Article 1
Declaration of Principles and Policies
SEC.3. Coverage of the Act. - This Act shall apply to water quality management in
all water bodies: Provided, That it shall primarily apply to the abatement and
control of pollution from land based sources: Provided, further, That the water
quality standards and regulations and the civil liability and penal provisions under
this Act shall be enforced irrespective of sources of pollution.
Article 2
Definition of Terms
Chapter 2
Water Quality Management System
Article 1
General Provisions
The areas within the jurisdiction of the Laguna Lake Development Authority
(LLDA) shall be designated as one management area under the administration of
LLDA in accordance with R.A. No. 4850, as amended: Provided, However, That
the standards promulgated pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said area.
The LGUs shall prepare and implement contingency plans and other
measures including relocation, whenever necessary, for the protection of health
and welfare of the residents within potentially affected areas.
SEC. 7. National Sewerage and Septage Management Program. - The
Department of Public Works and Highways (DPWH), through its relevant attached
agencies, in coordination with the Department, local government units (LGUs) and
other concerned agencies, shall, as soon as possible, but in no case exceeding a
period of twelve (12) months from the affectivity of this Act, prepare a national
program on sewerage and septage management in connection with Section 8
hereof.
Each LGU shall appropriate the necessary land, including the required
rights-of-way/road access to the land for the construction of the sewage and/or
septage treatment facilities.
`
Each LGU may raise funds to subsidize necessary expenses for the
operation and maintenance of sewerage treatment or septage facility servicing
their area of jurisdiction through local property taxes and enforcement of a service
fee system.
For the purpose of this section, the DOH, coordination with other
government agencies, shall formulate guidelines and standards for the collection,
treatment and disposal of sewage including guidelines for the establishment and
operation of centralized sewage treatment system.
Disbursements from the fund shall be subject to the usual accounting and
budgeting rules and regulations.
SEC. 10. The Area Water Quality Management Fund. - The area water quality
management fund is hereby established for the maintenance and upkeep of the
water bodies in a water quality management area. The fund shall be utilized for
the grant of rewards and incentives for entities whose effluent discharges are
better than the water quality criteria of the target classification of the receiving
body of water, loans for acquisitions and repairs of facilities to reduce quantity and
improve quality of wastewater discharges, and regular maintenance of the water
bodies within the management area.
An amount of not more than ten percent (10%) of the total amount accruing
to the funds annually shall be allocated for the operational expenses of the
governing board, its secretariat and multi-sectoral water quality surveillance and
monitoring network.
This fund shall initially be sourced from the fines incurred by the
establishments located in rural areas before the effectivity of this Act. Thereafter,
the fees collected under the wastewater charge system established under Section
13 of this Act, donations, endowments and grants for water quality management
of the area shall accrue to the fund.
Disbursements from the fund shall be subject to the usual accounting and
budgeting rules and regulations. This fund shall be managed by the Board of the
corresponding management area.
SEC. 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. -
The Department may provide variance in water quality criteria and standards for
geothermal exploration that encounters re-injection constraints: Provided, That
there shall be provision for adequate protection of beneficial use of water bodies,
downstream of the geothermal project: Provided, further, That this provision may
be applied to oil and gas exploration as determined by the Department.
SEC. 12. Categories of Industry Sector. - Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years thereafter, the Department shall,
through due public consultation, revise and publish a list of categories of industry
sector for which effluent standards will be provided for each significant wastewater
parameter per industry sector.
Article 2
Water Pollution Permits and Charges
An amount of not more than ten percent (10%) of the total amount accruing
to the funds annually shall be allocated for the operational expenses of the
governing board, its secretariat and multi-sectoral water quality surveillance and
monitoring network.
This fund shall initially be sourced from the fines incurred by the
establishments located in rural areas before the effectivity of this Act. Thereafter,
the fees collected under the wastewater charge system established under Section
13 of this Act, donations, endowments and grants for water quality management
of the area shall accrue to the fund.
Disbursements from the fund shall be subject to the usual accounting and
budgeting rules and regulations. This fund shall be managed by the Board of the
corresponding management area.
SEC. 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. -
The Department may provide variance in water quality criteria and standards for
geothermal exploration that encounters re-injection constraints: Provided, That
there shall be provision for adequate protection of beneficial use of water bodies,
downstream of the geothermal project: Provided, further, That this provision may
be applied to oil and gas exploration as determined by the Department.
SEC. 12. Categories of Industry Sector. - Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years thereafter, the Department shall,
through due public consultation, revise and publish a list of categories of industry
sector for which effluent standards will be provided for each significant wastewater
parameter per industry sector.
Article 2
Water Pollution Permits and Charges
SEC. 14. Discharge Permits. - The Department shall require owners or operators
of facilities that discharge regulated effluents pursuant to this Act to secure a
permit to discharge. The discharge permit shall be the legal authorization granted
by the Department to discharge wastewater: Provided, That the discharge permit
shall specify among others, the quantity and quality of effluent that said facilities
are allowed to discharge into a particular water body, compliance schedule and
monitoring requirement.
As part of the permitting procedure, the Department shall encourage the
adoption of waste minimization and waste treatment technologies when such
technologies are deemed cost effective. The Department shall also develop
procedures to relate the current water quality guideline or the projected water
quality guideline of the receiving water body/ies with total pollution loadings from
various sources, so that effluent quotas can be properly allocated in the discharge
permits. For industries without any discharge permit, they may be given a period
of twelve {12) months after the effectivity of the implementing rules and
regulations promulgated pursuant to this Act, to secure a discharge permit.
Article 3
Financial Liability Mechanism
Chapter 3
Institutional Mechanism
SEC. 19. Lead Agency. - The Department shall be the primary government
agency responsible for the implementation and enforcement of this Act unless
otherwise provided herein. As such, it shall have the following functions, powers
and responsibilities:
The Department shall gradually devolve to the LGUs, and to the governing
boards the authority to administer some aspects of water quality management and
regulation, including, but not to be limited to, permit issuance, monitoring and
imposition of administrative penalties, when, upon the Department's
determination, the LGU or the governing board has demonstrated readiness and
technical capability to undertake such functions.
SEC. 20. Role of Local Government Units. - Local government units shall share
the responsibility in the management and improvement of water quality within their
territorial jurisdictions.
Each local government unit shall within six (6) months after the
establishment of the water quality management area action plan prepare a
compliance scheme in, accordance thereof, subject to review and approval of the
governing board.
Each local government unit shall, through its Environment and Natural
Resources Office (ENRO) established in Republic Act No.7160, have the
following powers and functions:
SEC. 22. Linkage Mechanism. - The Department and its concerned attached
agencies including LLDA shall coordinate and enter into agreement with other
government agencies, industrial sector and other concerned sectors in the
furtherance of the objectives of this Act- The following agencies shall perform tile
functions specified hereunder:
Any record, report or information obtained under this section shall be made
available to the public, except upon a satisfactory showing to the Department by
the, entity concerned that the record, report, or information or parts thereof, if
made public, would divulge secret methods or processes entitled to protection as
intellectual property. Such record, report or information shall likewise be
incorporated in the Department's industrial rating system. Pursuant to this Act, the
Department, through its authorized representatives, shall have the right to:
Chapter 4
Incentives and Rewards
SEC. 26. Incentives Scheme. - An incentive scheme is hereby provided for the
purpose of encouraging LGUs, water districts (WDs), enterprises, or private
entities, and individuals, to develop or undertake an effective water quality
management, or actively participate in any program geared towards the promotion
thereof as provided in this Act.
A. Non-fiscal incentive
1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and
regulations of the Board of Investments (BOI), industrial wastewater
treatment and/or adoption of water pollution control technology, cleaner
production and waste minimization technology shall be classified as
preferred areas of investment under its annual priority plan and shall enjoy
the applicable fiscal and non-fiscal incentives as may be provided for under
the Omnibus Investment Code, as amended.
Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10)
years upon the effectivity of this Act, LGUs, WDs, enterprises or private
entities shall enjoy tax-and-duty-free importation of machinery, equipment
and spare parts used for industrial wastewater treatment/collection and
treatment facilities: Provided, That the importation of such machinery,
equipment and spare parts shall comply with the following conditions:
a. They are not manufactured domestically in sufficient quantity, of
comparable quality and at reasonable prices;
b. They are reasonably needed and will be used actually, directly and
exclusively for the above mentioned activities; and
c. Written endorsement by the Department that the importation of such
machinery, equipment and spare parts would be beneficial to
environmental protection and management: Provided, further, That the
sale, transfer or disposition of such machinery, equipment and spare
parts without prior approval of the BOI within five (5) years from the
date of acquisition shall be prohibited, otherwise the LGU concerned,
WD, enterprise or private entity and the concerned vendee, transferee
or assignee shall be solidarity liable to pay twice the amount of tax and
duty exemption given it.
2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the
effectivity of this Act, a tax credit equivalent to one hundred percent (100%)
of the value of the national internal revenue taxes and customs duties that
would have been waived on the machinery, equipment, and spare parts,
had these items been imported shall be given to enterprises or private
entities and individuals, subject to the same conditions and prohibition cited
in the preceding paragraph.
3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies,
gifts and donations to LGUs, WDs, enterprises, or private entities and
individuals, for the support and maintenance of the program for effective
water quality management shall be exempt from donor's tax and shall be
deductible from the gross income of the donor for income tax purposes.
Imported articles donated to, or for the account of any LGUs, WDs,
local water utilities, enterprises, or private entities and individuals to be
exclusively used for water quality management programs shall be
exempted from the payment of customs duties and applicable internal
revenue taxes.
Chapter 5
Civil Liability/Penal Provisions
SEC. 27. Prohibited Acts. - The following acts are hereby prohibited:
SEC. 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any
person who commits any of the prohibited acts provided in the immediately
preceding section or violates any of the provision of this Act or its implementing
rules and regulations, shall be fined by the Secretary, upon the recommendation
of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor
more than Two hundred thousand pesos (P200,000.00) for every day of violation.
The fines herein prescribed shall be increased by ten percent (10%) every two (2)
years to compensate for inflation and to maintain the deterrent function of such
fines: Provided, That the Secretary, upon recommendation of the PAB may order
the closure, suspension of development or construction, or cessation of
operations or, where appropriate disconnection of water supply, until such time
that proper environmental safeguards are put in place and/or compliance with this
Act or its rules and regulations are undertaken. This paragraph shall be without
prejudice to the issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of
the case.
In which case, offenders shall be punished with a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than Three million pesos
(P3,000,000.00} per day for each day of violation or imprisonment of not less than
six {6) years but not more than ten {10) years, or both, at the discretion of the
court. If the offender is a juridical person, the president, manager and the pollution
control officer or the official in charge of the operation shall suffer the penalty
herein provided.
Provided, finally, That water pollution cases involving acts or omissions ---
committed within the Laguna Lake Region shall be dealt with in accordance with
the procedure under R. A. No.4850 as amended.
SEC. 30. Administrative Action. - Without prejudice to the right of any affected
person to file an administrative action, the Department shall, on its own instance
or upon verified complaint by any person, institute administrative proceedings in
the proper forum against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to
such standard or limitation.
Chapter 7
Final Provisions
The draft of the implementing rules and regulations shall be published and
be the subject of public consultations with affected sectors.
There shall be a mandatory review of the implementing rules and regulations and
standards set pursuant to the provisions of this Act.
SEC. 35. Separability Clause. - If any provision of this Act or the application such
provision to any person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision to other person or
circumstances shall not be affected by such declaration.
SEC. 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Chapter I
Declaration of Objectives and Principles
Article 1. This Code shall be known as “The Water Code of the Philippines.”
Art. 4. Waters, as used in this Code, refer 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.
Chapter II
Ownership of Waters
Art. 6. The following waters found on private lands belong to the State:
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.
Art. 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.
Chapter III
Appropriation of Waters
Art. 9. Waters may be appropriated and used in accordance with the provisions
of this Code.
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational
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 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.
Art. 11. The State, for reasons of public policy, may declare waters not previously
appropriated, in whole or in part, exempt from appropriation for any or all
purposes and, thereupon, such waters may not be appropriated for those
purposes.
Art. 12. Waters appropriated for a particular purpose may be applied for another
purpose only upon prior approval of the Council and on condition that the new use
does not unduly prejudice the rights of other permittees, or require an increase in
the volume of water.
Art. 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:
Art. 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.
Art. 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.
Art. 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.
Art. 18. All water permits granted shall be subject to conditions of beneficial use,
adequate standards of design and construction, and such other terms and
conditions as may be imposed by the Council.
Such permits shall specify the maximum amount of water which may be diverted
or withdrawn, the maximum rate of diversion or withdrawal, the time or times
during the year when water may be diverted or withdrawn, the point or points of
diversion or location of wells, the place of use, the purposes of which water may
be used, and such other requirements the Council deems desirable.
Art. 19. Water rights may be leased or transferred in whole or in part to another
person with prior approval of the Council, after due notice and hearing.
Art. 20. The measure and limit of appropriation of water shall be beneficial use.
Beneficial use of water is the utilization of water in the right amount during the
period that the water is needed for producing the benefits for which the water is
appropriated.
Art. 21. Standards of beneficial use shall be prescribed by the Council for the
appropriator of water for different purposes and conditions, and the use of waters
which are appropriated shall be measured and controlled in accordance therewith.
Art. 22. Between two or more appropriators of water from the same sources of
supply, priority in time of appropriation shall give the better right, except that in
times of emergency the use of water for domestic and municipal purposes shall
have a better right over all other uses; Provided, That where water shortage is
recurrent and the appropriator for municipal use has a lower priority in time of
appropriation, then it shall be his duty to find an alternative source of supply in
accordance with conditions prescribed by the Council.
Art. 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.
Art. 25. A holder of a 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.
Art. 26. Where water shortage is recurrent, the use of the water pursuant to a
permit may, in the interest of equitable distribution of the benefits among legal
appropriators, reduce after due notice and hearing.
Art. 27. Water users shall bear the diminution of any water supply due to natural
causes or force majeure.
Art. 28. Water permits shall continue to be valid as long as water is beneficially
used; however, they may be suspended on the grounds of non-compliance with
approved plans and specifications or schedules of water distribution; use of water
for a purpose other than that for which it was granted; non-payment of water
charges; wastage; failure to keep records of water diversion, when required; and
violation of any term or condition of any permit or rules and regulations
promulgated by the Council.
Temporary permits may be issued for the appropriation and use of water
for short periods under special circumstances.
Art. 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 nonagricultural purposes; and other similar grounds.
Art. 30. All water permits are subject to modification or cancellation by the Council
after due notice and hearing, in favor of a project of greater beneficial use or for
multipurpose development, and a water permittee who suffers thereby shall be
duly compensated by the entity or person in whose favor the cancellation was
made.
Chapter IV
Utilization of Waters
Art. 34. A water permittee or appropriator may use any watercourse to convey
water to another point in the watercourse for the purpose stated in a permit and
such water may be diverted or recaptured at that point by said permittee in the
same amount less allowance for normal losses in transit.
Art. 35. Works for the storage, diversion, distribution, and utilization of water
resources shall contain adequate provision for the prevention and control of
diseases that may be induced or spread by such works when required by the
Council.
Art. 36. When the reuse of waste water is feasible, it shall be limited, as much as
possible, to such uses other than direct human consumption. No person or
agency shall distribute such water for public consumption until it is demonstrated
that such consumption will not adversely affect the health and safety of the public.
Art. 37. In the construction and operation of hydraulic works, due consideration
shall be given to the preservation of scenic places and historical relics and, in
addition to the provisions of existing laws, no works that would require the
destruction or removal of such places or relics shall be undertaken without
showing that the distribution or removal is necessary and unavoidable.
Art. 38. Authority for the construction of dams, bridges, and other structures
across of which may interfere with the flow of navigable or floatable waterways
shall first be secured from the Department of Public Works, Transportation and
Communications.6
Art. 39. Except in cases of emergency to save life or property, the construction
or repair of the following works shall be undertaken only after the plans and
specifications therefore, as may be required by the Council, are approved by the
proper government agency: dams for the diversion or storage of water, structures
for the use of water power, installations for the utilization of subterranean or
ground water and other structures for utilization of water resources.
6
Now Department of Public Works and Highways (DPWH).
Art. 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.
Art. 41. No person shall develop a stream, lake, or spring for recreational
purposes without first securing a permit from the Council.
Art. 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.
Art. 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.
Art. 44. Drainage systems shall be so constructed that their outlets are rivers,
lakes, the sea, natural bodies of water, or such other watercourse as may be
approved by the proper government agency.
Art. 45. When a drainage channel is constructed by a number of persons for their
common benefit, the cost of construction and maintenance of the channel shall be
borne by each in proportion to the benefits derived.
Art. 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.
Art. 47. When the use, conveyance, or storage of waters results in damage to
another, the person responsible for the damage shall pay compensation.
Art 48. When a water resources project interferes with the access of a landowner
to a portion of his property or with the conveyance of irrigation or drainage water,
the person or agency constructing the project shall bear the cost of construction
and maintenance of the bridges, flumes, and other structures necessary for
maintaining access, irrigation, or drainage, in addition to paying compensation for
land and incidental damages.
Art. 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.
Art. 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 stones
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.
Art. 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.
Art. 52. The establishment, extent, form, and conditions of easements of water
not expressly determined by the provisions of this Code shall be governed by the
provisions of the Civil Code.
Chapter V
Control of Waters
Art. 53. To promote the best interest and the coordinated protection of flood plain
lands, the Secretary of Public Works, Transportation and Communications7 may
declare flood control areas and promulgate guidelines for governing flood plain
management plans in these areas.
Art. 54. In declared flood control areas, rules, and regulations may be
promulgated to prohibit or control activities that may damage or cause
deterioration of lakes and dikes, obstruct the flow of water, change the natural
flow of the river, increase flood losses, or aggravate flood problems.
Art. 55. The government may construct necessary flood control structures in
declared flood control areas, and for this purpose it shall have a legal easement
as wide as may be needed along and adjacent to the river bank and outside of the
bed or channel of the river.
Art. 56. River beds, sand bars, and tidal flats may not be cultivated except upon
prior permission from the Secretary of the Department of Public Works,
Transportation and Communications8 and such permission shall not be granted
where such cultivation obstructs the flow of water or increase flood levels so as to
cause damage to other areas.
Art. 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.
7
Now Secretary of Public Works and Highways.
8
Id.
Art. 58. When a river or stream suddenly changes its course to traverse private
lands, the owners of the affected lands may not compel the government to restore
the river to its former bed; nor can they restrain the government from taking steps
to revert the river or stream to its former course. The owners of the land thus
affected are not entitled to compensation for any damage sustained thereby.
However, the former owners of the new bed shall be the owners of the abandoned
bed in proportion to the area lost by each.
The owners of the affected lands may undertake to return the river or stream to its
old bed at their own expense; Provided, That a permit therefore is secured from
the Secretary of Public Works, Transportation and Communication and work
pertaining thereto is commenced within two years (2) from the change in the
course of the river or stream.
Art. 59. Rivers, lakes, and lagoons may, upon the recommendation of the
Philippine Coast Guard, be declared navigable either in whole or in part.
Art. 60. The rafting of logs and other objects on rivers and lakes which are
floatable may be controlled or prohibited during designated seasons of the year
with due regard to the needs of irrigation and domestic water supply and other
uses of water.
Art. 61. The impounding of water in ponds or reservoirs may be prohibited by the
Council upon consultation with the Department of Health if it is dangerous to
public health, or it may order that such pond or reservoir be drained if such is
necessary for the protection of public health.
Art. 63. The operator of a dam for the storage of water may be required to
employ an engineer possessing qualifications prescribed for the proper operation,
maintenance, and administration of the dam.
Art. 64. 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, and, in coordination with the Professional Regulation
Commission, prescribe the qualifications of those who would drill such borings.
No person shall drill a well without prior permission from the Council.
Art. 65. Water from one river basin may be transferred to another river basin only
with approval of the Council. In considering any request for such transfer, the
Council shall take into account the full costs of the transfer, the benefits that would
accrue to the basin of origin without the transfer, the benefits that would accrue to
the receiving basin on account of the transfer, alternative schemes for supplying
water to the receiving basin, and other relevant factors.
Chapter VI
Conservation and Protection of Waters and
Watersheds and Related Land Resources
Art. 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.
Art. 69. It shall be the duty of any person in control of a well containing water with
minerals or other substances injurious to man, animals, agriculture, and
vegetation to prevent such waters from flowing on the surface of the land or into
any surface water or into any other aquifer or porous stratum.
Art. 70. No person shall utilize an existing well, or pond, or spread waters for
recharging subterranean or ground water supplies without prior permission of the
Council.
Art. 71. To promote better water conservation and usage for irrigation purposes,
the merger of irrigation associations and the appropriation of waters by
associations instead of by individuals shall be encouraged.
No water permit shall be granted to an individual when his water requirement can
be supplied through an irrigation association.
Art. 72. In the consideration of a proposed water resource project, due regard
shall be given to ecological changes resulting from the construction of the project
in order to balance the needs of development and the protection of the
environment.
Art. 73. The conservation of fish and wildlife shall receive proper consideration
and shall be coordinated with other features of water resources development
programs to ensure that fish and wildlife values receive equal attention with other
project purposes.
Art. 74. Swamps and marshes which are owned by the State and which have
primary value for waterfowl propagation or other wildlife purposes may be
reserved and protected from drainage operation and development.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Chapter VII
Administration of Waters and Enforcement of the Provisions of This Code
Art. 79. The administration and enforcement of the provisions of this Code,
including the granting of permits and the imposition of penalties for administrative
violations hereof, are hereby vested in the Council, and except in regard to those
functions which under this Code are specifically conferred upon other agencies of
the government, the Council is hereby empowered to make all decisions and
determinations provided for in this Code.
Art. 80. The Council may deputize any official or agency of the government to
perform any of its specific functions or activities.
Art. 81. The Council shall 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.
Art. 82. In the implementation of the provisions of this Code, the Council shall
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.
Violations of such rules and regulations may be administratively dealt with by the
Council.
Art. 83. The Council is hereby authorized to impose and collect reasonable fees
or charges for water resources development from water appropriators, except
when it is for purely domestic purposes.
Art. 84. The Council and other agencies authorized to enforce this Code are
empowered to enter upon private lands, with previous notice to the owner, for the
purpose of conducting surveys and hydrologic investigations, and to perform such
other acts as are necessary in carrying out their functions including the power to
exercise the right of eminent domain.
The Council may require consultation with the public prior to the
implementation of certain water resources development projects.
Any action to recover such damages must be brought within five (5) years
following such failure.
Art. 87. The Council or its duly authorized representatives, in the exercise of its
power to investigate and decide cases brought to its cognizance, shall have the
power to administer oaths, compel the attendance of witnesses by subpoena and
the production of relevant documents by subpoena duces tecum.
Non-compliance or violation of such orders or subpoena and subpoena duces
tecum shall be punished in the same manner as indirect contempt of an inferior
court upon application by the aggrieved party with the proper Court of First
Instance10 in accordance with the provisions of Rule 71 of the Rules of the Court.
Art. 88. The Council shall have 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.
All disputes shall be decided within sixty (60) days after the parties submit
the same for decision or resolution.
The Council shall have the power to issue writs of execution and enforce its
decisions with the assistance of local or national police agencies.
Art. 89. The decisions of the Council on water rights controversies may be
appealed to the Court of First Instance11 of the province where the subject matter
of the controversy is situated, within fifteen (15) days from the date the party
appealing receives a copy of the decision, on any of the following grounds; (1)
grave abuse of discretion; (2) question of law; and (3) questions of fact and law.
Chapter VIII
Penal Provisions
Art. 90. The following acts shall be penalized by suspension or revocation of the
violator’s water permit or other right to the use of water and/or a fine not
exceeding one thousand pesos (P1,000.00), in the discretion of the Council:
10
Now Regional Trial Court.
11
Now Regional trial Court.
e. Unauthorized use of water for a purpose other than that for which a right or
permit was granted.
f. Construction or repair of any hydraulic work or structure without duly
approved plans and specifications, when required.
g. Failure to install a regulating and measuring device for the control of the
volume of water appropriated, when required.
h. Unauthorized sale, lease, or transfer of water and/or water rights.
i. Failure to provide adequate facilities to prevent or control diseases when
required by the Council in the construction of any work for the storage,
diversion, distribution and utilization of water.
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 five thousand pesos (P5,000.00).
Art. 91-B. 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:
Art. 91-C. A fine exceeding Six thousand pesos (P6,000.00) but not more than
Ten thousand pesos (P10,000.00) or imprisonment exceeding six (6) years but
not more than twelve (12) years, or both such fine and imprisonment, in the
discretion of the Court, shall be imposed upon any person who commits any of the
following acts:
Art. 93. All actions for offenses punishable under Article 91 of this Code shall be
brought before the proper court.
Art. 94. Actions for offenses punishable under this Code by a fine of not more
than Three thousand pesos (P3,000.00) or by an imprisonment of not more than
three (3) years, or both such fine and imprisonment, shall prescribe in five (5)
years; those punishable by a fine exceeding Three thousand pesos (P3,000.00)
but not more than Six thousand pesos (P6,000.00) or an imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and
imprisonment, shall prescribe in seven (7) years; and those punishable by a fine
exceeding six thousand pesos (P6,000.00) but not more than Ten thousand pesos
(P10,000.00) or an imprisonment exceeding six (6) years but not more than
twelve (12) years, or both such fine and imprisonment, shall prescribe in ten (10)
years.
Chapter IX
Transitory and Final Provisions
Art. 95. Within two (2) years from the promulgation of this Code, all claims for a
right to use water existing on or before December 31, 1974 shall be registered
with the Council which shall confirm said rights in accordance with the provisions
of this Code, and shall set their respective priorities.
When 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:
Any claim not registered within said period shall be considered waived and
the use of the water deemed abandoned, and the water shall thereupon be
available for disposition as unappropriated waters in accordance with the
provisions of this Code.
Art. 96. No vested or acquired right to the use of water can arise from acts or
omissions which are against the law or which infringe upon the rights of others.
Art. 97. Acts and contracts under the regime of old laws, if they are valid in
accordance therewith, shall be respected, subject to the limitations established in
this Code. Any modification or extension of these acts and contracts after the
promulgation of this Code shall be subject to the provisions hereof.
Art. 98. Interim rules and regulations promulgated by the Council shall continue
to have binding force and effect, when not in conflict with the provisions of this
Code.
Art. 99. If any provision or part of this Code, or the application thereof to any
person or circumstance, is declared unconstitutional or invalid for any reason, the
other provisions or parts therein shall not be affected.
Art 100. The following laws, parts, and/or provisions of laws are hereby repealed:
a. The provisions of the Spanish Law on Waters of August 3, 1866, the Civil
Code of Spain of 1889, and the Civil Code of the Philippines (Republic Act
No. 386) on ownership of waters, easements relating to waters, use of
public waters, and acquisitive prescription on the use of waters, which are
inconsistent with the provisions of this Code;
b. The provisions of Republic Act No. 6395, otherwise known as the Revised
Charter of National Power Corporation, particularly Section 3, paragraph
(f), and Section 12, insofar as they relate to the appropriation of waters and
the grant thereof;
c. The provisions of Act No. 2152, as amended, otherwise known as the
Irrigation Act; section 3, paragraphs (k) and (m) of Presidential Decree No.
813; Republic Act No. 2056; Section 90, Commonwealth Act No. 137; and,
d. All decrees, laws, acts, parts of acts, Rules of Court, executive orders, and
administrative regulations which are contrary to or inconsistent with the
provisions of this Code.
Art. 101. This Code shall take effect upon its promulgation.
*
William H. Auden
MMDA Easement Provision Along
Pasig River
"Water helped ancient man learn those first lessons about the rights
of others and responsibility to a larger society.... It became part of
the moral and mental legacy parents passed on to their children." --
M. Meyer, "Water in the Hispanic Southwest"
Metro Manila Council, MMDA Resolution No. 3, Series of 1996
WHEREAS, in line with the foregoing premises and in consonance with the
President’s directives to rehabilitate the worsening water quality of the Pasig River
and to relocate the mushrooming squatters along the river banks, in the interest of
flood control, urban renewal and environmental management and enhancement,
the Metro Manila Council (Council), in session assembled, agreed and resolved to
adopt a uniform easement provision along the Pasig River System, including its
tributaries;
APPROVED.
1. By administrative concession;
2. By prescription for ten years."12
The extent of the rights and obligations of the use shall be that established,
in the first case, by the terms of the concession, and, in the second case, by the
manner and form in which the waters have been used.
Art. 505. Every concession for the use of waters is understood to be without
prejudice to third persons.
Art. 506. The right to make use of public waters is extinguished by the lapse of
the concession and by non-user for five years.
Art. 507. The owner of a piece of land on which a spring or brook rises, be it
continuous or intermittent, may use its waters while they run through the same,
but after the waters leave the land they shall become public, and their use shall be
governed by the Special Law of Waters of August 3, 1866, and by the Irrigation
Law.
Art. 508. The private ownership of the beds of rainwater does not give a right to
make works or constructions which may change their course to the damage of
third persons, or whose destruction, by the force of floods, may cause such
damage.
12
But note that under the Water Code, waters cannot be acquired by prescription. Because the Water Code
(P.D. 1067) is a later law than the Civil Code (R.A. 386), the Civil Code provisions on waters are deemed
modified by the Water Code.
Art. 509. No one may enter
private property to search
waters or make use of them
without permission from the
owners, except as provided
by the Mining Law.
Art. 511. Every owner of a piece of land has the right to construct within his
property reservoirs for rainwater, provided he causes no damage to the public or
to third persons.
Art. 512. Only the owner of a piece of land, or another person with his permission,
may make explorations thereon for subterranean waters, except as provided by
the Mining Law.
Art. 513. Waters artificially brought forth in accordance with the Special Law of
Waters of August 3, 1866, belong to the person who brought them up.
Art. 514. When the owner of waters artificially brought to the surface abandons
them to their natural course, they shall become of public dominion.
Art. 515. The owner of a piece of land on which there are defensive works to
check waters, or on which, due to a change of their course, it may be necessary
to reconstruct such works, shall be obliged, at his election, either to make the
necessary repairs or construction himself, or to permit them to be done, without
damage to him, by the owners of the lands which suffer or are clearly exposed to
suffer injury.
Art. 516. The provisions of the preceding article are applicable to the case in
which it may be necessary to clear a piece of land of matter, whose accumulation
or fall may obstruct the course of the waters, to the damage or peril of third
persons.
Art 517. All the owners who participate in the benefits arising from the works
referred to in the two preceding articles, shall be obliged to contribute to the
expenses of construction in proportion to their respective interests. Those who by
their fault may have caused the damage shall be liable for the expenses.
Art. 518. All matters not expressly determined by the provisions of this Chapter
shall be governed by the Special Law of Waters of August 3, 1866, and by the
Irrigation Law.
Art. 637. Lower estates are obliged to receive the waters which naturally and
without the intervention of man descend from the higher estates, as well as the
stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede
this casement; neither can the owner of the higher estate make works which will
increase the burden.
Art. 638. The banks of rivers and streams, even in case they are Of private
ownership, are subject throughout their entire length and within a zone of three (3)
meters along their margins, to the easement of public use in the general interest
of navigation, floatage, fishing and salvage. 13
Art. 639. Whenever for the diversion or taking of water from a river or brook, or for
the use of any other continuous or discontinuous stream, it should be necessary
to build a dam, and the person who is to construct it is not the owner of the banks,
or lands which must support it, he may establish the easement of abutment of a
dam, after payment of the proper indemnity.
Art. 640. Compulsory easements for drawing water or for watering animals can be
imposed only for reasons of public use in favor of a town or village, after payment
of the proper indemnity.
Art. 641. Easements for drawing water and for watering animals carry with them
the obligation of the owners of the servient estates to allow passage to persons
13
Note that the easement provided here is deemed modified by the Water Code. The easement requirement
is now 3 meters for urban areas, 20 meters for agricultural areas, and 40 meters for forest/protected areas.
and animals to the place where such easements are to be used, and the
indemnity shall include this service.
Art. 642. 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.
Art. 643. One desiring to make use of the right granted in the preceding article is
obliged:
1. To prove that he can dispose of the water and that it is sufficient for the use
for which it is intended;
2. To show that the proposed right of way is the most convenient and the
least onerous to third persons;
3. To indemnify the owner of the servient estate in the manner determined by
the laws and regulations.
Art. 644. The easement of aqueduct for private interest cannot be imposed on
buildings, courtyards, annexes, or outhouses, or on orchards or gardens already
existing.
Art. 645. The easement of aqueduct does not prevent the owner of the servient
estate from closing or fencing it, or from dominant estate, or upon a schedule of
alternate days or hours.
Art. 646. For legal purposes, the easement of aqueduct shall be considered as
continuous and apparent, even though the flow of the water may not be
continuous, or its use depends upon the needs of the dominant estate, or upon a
schedule of alternate days or hours.
Art. 647. One who, for the purposes of irrigating or improving his estate, has to
construct a stop lock or sluice gate in the bed of the stream from which the water
is to be taken may demand that the owners of the banks permit its construction,
after payment of damages, including those caused by the new easement to such
owners and to the other irrigators.
Art. 648. The establishment, extent, form, and conditions of the servitudes of
waters, to which this section refers, shall be governed by the special laws relating
thereto insofar as no provision therefore is made in this Code.
The Spanish Law on Waters of 1866
Although this law is more than 100 years old, the principles and provisions,
in so far as they are not inconsistent with the Civil Code, and provisions of the
Water Code, continue to be valid and effective.
In a 1977 case, the Supreme Court of the Philippines had occasion to use
the Spanish Law of Waters in determining the ownership of a piece of land that
formed along the coast of Manila Bay. In this case the court ruled that a piece of
land that formed along the coastal zone by the action of the waves and the
accretion of sand is public land and not owned by the littoral owner. (Littoral refers
to the land adjoining the seashore. For rivers, the term used is “riparian”.)
A full copy of the Spanish Law of Waters of 1866, an antiquated law but
whose rules and principles continue to be valid and effective, may be found in the
electronic version of the book or upon request.
Chapter I
Declaration of Policy and Creation of Authority
SEC. 2. Laguna Lake Development "If there is magic on this planet, it is contained in water" --
Authority Created — For the purpose of Loran Eisley
14
As amended by Sec. 1, P.D. No. 813, 17 October 1975.
carrying out and effecting the declared policy, as provided for in Section 1 hereof,
there is hereby created a body corporate to be known as the Laguna Lake
Development Authority, hereinafter referred to as the Authority, which shall be
organized within one hundred twenty (120) days after the approval of this Act. The
Authority shall execute the powers and functions herein vested and conferred
upon it in such a manner as will, in its judgment, aid to the fullest possible extent
in carrying out the aims and purposes set forth below. This Act may be known as
the Laguna Lake Development Authority Act of 1966.
SEC. 3. Location of Principal Office — The Authority shall maintain its principal
office at a convenient place within the region, but it may have branch offices in
such other places as are necessary for the proper conduct of its business.
SEC. 4. Special Powers and Functions15 — The Authority shall exercise and
perform the following powers and functions:
17
Ibid.
18
Ibid.
19
Ibid.
20
Ibid.
21
Ibid.
22
Ibid.
SEC. 4A. Compensation for damages to the water and aquatic resources of
Laguna de Bay and its tributaries resulting from failure to meet established water
and effluent quality standards or from such other wrongful act or omission of a
person, private or public, juridical or otherwise, punishable under the law shall be
awarded to the Authority to be earmarked for water quality control and
management.23
SEC. 4B. The Authority is hereby empowered to collect annual fees as provided
for in Section 4 (j) herein, for the use of the lake waters and its tributaries for all
beneficial purposes including recreation, municipal, industrial, agricultural,
fisheries, navigation, and waste disposal purposes. All the fees so collected shall
be used for the management and development of the lake and its watershed
areas: Provided, That the rates of the fees to be collected shall be subject to the
approval of the President of the Philippines.24
Chapter II
Corporate Powers
SEC. 5.25 The Powers of the Authority — The Authority shall have the following
powers and functions:
23
Inserted by Sec. 4, P.D. No. 813, 17 October 1975.
24
Ibid.
25
As amended by Secs. 5 and 6, P.D. No. 813, 17 October 1975.
indebtedness created by any other corporation, co-partnership, or
government agencies or instrumentalities; and while the owner of said
stock to exercise all the rights or ownership, including the right to vote
thereon; Provided, That the Authority shall not invest its funds in any highly
risky debt instruments issued without recourse to commercial banks or
investment houses as well as in any highly speculative stocks.
j. For carrying on its business, or for the purpose of attaining or furthering
any of its objectives, to perform any and all acts which a corporation, co-
partnership, or natural person is authorized to perform under the laws now
existing or which may be enacted hereafter.
k. To issue such rules and regulations as may be necessary to effectively
carry out the powers and purposes herein provided including the plans,
programs and projects of the Authority, subject to the approval of the
NEDA, the same to take effect thirty (30) days after publication thereof, in a
newspaper of general circulation.
SEC. 6.26 Capitalization and Financing — The Authority shall have an authorized
capital of one hundred million pesos (P100,000,000) of which the amount of fifty-
one million pesos (P51,000,000) shall be subscribed by the national government
and forty-nine million pesos (P49,000,000) shall be subscribed by cities,
provinces, municipalities, government corporations, and private investors;
Provided, That at least twenty-five percent (25%) of the national government’s
subscription shall be fully paid: Provided, further, That the authorized capital stock
may be increased upon the recommendation of NEDA.
The authorized capital stock of one hundred million pesos (P100M) shall be
divided into one million (1,000,000) shares of stock with a par value of one
hundred pesos (P100) per share.
The shares of stock of the Authority shall be divided into (1) 700,000
common shares (voting) and (2) 300,000 preferred shares (nonvoting) with such
fixed rates of return as shall be determined by the Board. Of the common shares
of 700,000 a minimum of 400,000 shares shall be subscribed by the national
government and at least sixty percent (60%) of the balance shall be subscribed by
the provinces of Laguna and Rizal in such proportion as may be agreed upon by
both provincial governments in accordance with their respective capacities. The
remaining balance of the common shares shall be open for subscription to cities,
provinces, municipalities, and private investors.
26
As amended by Sec. 7, P.D. No. 813, 17 October 1975.
SEC. 7. Powers of Municipal Corporations to Subscribe — For purposes of
attaining the purposes of this Authority, municipalities, cities and provinces are
hereby authorized to subscribe, own, buy and hold shares of stock of this
Authority.
SEC. 8.27 Operating Expenses—For the operating expenses of the Authority, the
sum of one million pesos (P1,000,000) is hereby appropriated annually for five (5)
years from the general fund of the national government not otherwise
appropriated from the date of approval of this Decree.
The Board of Directors may appropriate out of the funds of the Authority such as
may be needed or necessary for its operating expenses.
SEC. 9.28 Power to Incur Debts and Issue Bonds — Whenever the Board of
Directors may deem it necessary for the Authority to incur indebtedness or to
issue bonds to carry out the provisions of this Act, it shall by resolution so declare
and state the purpose for which the proposed debt is to be incurred. The
resolution shall be confirmed by the affirmative vote of the stockholders
representing a majority of the subscribed capital stock outstanding and entitled to
vote.
The Authority shall submit to the NEDA Board and the Monetary Board of
the Central Bank for approval its proposal to incur indebtedness or to issue bonds.
This shall be considered authorized upon approval of the President of the
Philippines.
SEC. 10. Bond Limit —The bonds shall be issued in such amounts as will be
needed at any one time, taking into account the rate at which said bonds may be
absorbed by the buying public and the fund requirements of projects ready for
execution, and considering further a proper balanced productive and
nonproductive projects so that inflation shall be held to the minimum.
SEC. 11. Form, Rates of Interest, etc. of Bonds — The Board of Directors shall
prescribe the form, rates of interest, denominations, maturities, negotiability,
convertibility, call and redemption features, and all other terms and conditions of
issuance, placement, sale, servicing, redemption, and payment of all bonds
issued by the Authority under this Act.
The bonds issued by virtue of this Act may be made payable both as to
principal and interest in Philippine currency or any readily convertible foreign
currency; said bonds shall be receivable as security in any transaction with the
government in which such security is required.
SEC. 12. Exemption from Tax — The Authority shall be exempt from all taxes,
licenses, fees, and duties, incidental to its operations. This exemption shall extend
27
As amended by Sec. 8, P.D. No. 813, 17 October 1975.
28
As amended by Sec. 9, P.D. No. 813, 17 October 1975.
to its subsidiary corporation: Provided, That its subsidiary corporations shall be
subject to all said taxes, licenses, fees, and duties five (5) years after their
establishment under a graduated scale as follows: twenty percent (20%) of all
said taxes during the sixth year, forty percent (40%) of all said taxes during the
seventh year, sixty percent (60%) of all said taxes during the eighth year, eighty
percent (80%) of all said taxes during the ninth year, and one hundred percent
(100%) of all taxes during the tenth year, after said establishment. Such
examination shall include any tax or fee imposed by the government on the sale,
purchase or transfer of foreign exchange. All notes, bonds, debentures, and other
obligations issued by the Authority shall be exempt from all taxes both as to
principal and interest, except inheritance and gift taxes.
SEC. 13. Sinking Fund — A sinking fund shall be established in such manner that
the total annual contribution thereto accrued at such rate of interest as may be
determined by the Board of Directors as confirmed by the stockholders
representing a majority of the subscribed capital stock outstanding and entitled to
vote, shall be sufficient to redeem at maturity the bonds issued under this Act.
Such funds shall be under the custody of the treasurer of the Authority who shall
invest the same in such manner as the Board of Directors may direct; charge all
expenses of investment to said sinking fund, and credit the same with the interest
on investment and other income belonging to it.
SEC. 15.29 Incorporation — The members of the first Board of Directors shall be
elected by the stockholders and the incorporation shall be held to have been
effected from the date of the first meeting of such Board.
SEC. 18. Election and tenure - The first members of the Board shall be elected
in accordance with the provisions of Section fifteen of this Act, whose terms of
office shall be as follows: two at the end of the first year; two at the end of the
second year; two at the end of the third year; one at the end of the fourth year.
Thereafter, the succeeding members of the Board of Directors shall serve the
term of four (4) years from the date of the election.
SEC. 19. Vacancy before expiration of terms - Any member elected to fill any
vacancy in the Board occurring prior to the expiration of the term for which his
predecessor was elected shall serve only for the unexpired period.
29
As amended by Sec. 10, P.D. No. 813, 17 October 1975.
30
As amended by Sec. 11, P.D. No. 813, 17 October 1975.
SEC. 20. Effect of Vacancies; Quorum — Vacancies in the Board, as long as
there shall be four members in office, shall not impair the powers of the Board to
execute the functions of the Authority. The affirmative vote of four (4) members of
the Board shall be necessary at all times to pass or approve any act or resolution.
SEC. 24.32 Board Meetings — The Board shall meet at least once a month. The
Board shall be convoked by the chairman or upon written request signed by a
majority of the members.
SEC. 25.33 Per Diems and Allowances — The members of the Board shall
receive for every meeting attended a per diem to be determined by the Board:
Provided, That in no case will the total amount received by each exceed the sum
of one thousand pesos (P1,000.00) for any one month. Members of the Board
shall be entitled to commutable transportation and representation allowances in
the performance of official functions for the Authority as authorized by the Board
the aggregate amount of which shall not exceed one thousand pesos (P1,000.00)
for any one month.
31
As amended by Sec. 13, P.D. No. 813, 17 October 1975.
32
As amended by Sec. 14, P.D. No. 813, 17 October 1975.
33
As amended by Sec. 15, P.D. No. 813, 17 October 1975.
SEC. 25A.34 Powers and Functions of the Board of Directors —
SEC. 26.35 Powers and Functions of the General Manager — The General
Manager shall be the chief executive of the Authority. As such, he shall have the
following powers and duties:
a. Submit for consideration of the Board the policies and measures which he
believes to be necessary to carry out the purposes and provisions of this
Act;
b. Execute and administer the policies, plans, programs, and projects
approved by the Board;
c. Direct and supervise the operation and internal administration of the
Authority. The General Manager may delegate certain of his administrative
responsibilities to other officers of the Authority subject to the rules and
regulations of the Board.
d. Appoint officials and employees below the rank of division heads to
positions in the approved budget upon written recommendation of the
division head concerned using as guide the standard set forth in the
Authority’s merit system;
e. Submit quarterly reports to the Board on personnel selection, placement,
and training;
f. Submit to the NEDA an annual report and such other reports as may be
required, including the details of the annual and supplemental budgets of
the Authority, and
g. Perform such other functions as may be provided by law.
(Sections 27 and 28 were repealed by Presidential Decree No. 813, Section 18,
promulgated on October 17, 1975.)
34
Inserted by Sec. 16, P.D. No. 813, 17 October 1975.
35
As amended by Sec. 17, P.D. No. 813, 17 October 1975.
36
As amended by Sec. 20, P.D. No. 813, 17 October 1975.
charged against the annual appropriation of the Authority for operating expenses.
The Board of Directors may provide per diems and allowances for the General
Manager.
SEC. 30. Residence — The General Manager shall establish his residence within
the region. The General Manager shall not, during his term of office, engage in
any business or profession or calling other than those connected in the
performance of his official duties as General Manager of the Authority.
SEC. 31.37 Activities of the Authority: Key Officials — In carrying out the activities
of the Authority, the General Manager shall be assisted by an Assistant General
Manager who shall have such powers, duties, and functions that may be
delegated to him by the General Manager, and shall act as General Manager in
the absence of or during the temporary incapacity of and/or until such time as a
new General Manager is duly appointed.
The Authority shall have the following divisions under the direct supervision
and control of the General Manager:
37
As amended by Sec. 21, P.D. No. 813, 17 October 1975.
SEC. 32.38 Merit and Compensation System — All officials, agents, and
employees of the Authority shall be selected and appointed on the basis of merit
and fitness in accordance with a comprehensive and progressive merit system to
be established by the Authority. The recruitment, transfer, promotion, and
dismissal of all personnel of the authority, including temporary workers, shall be
governed by such merit system: Provided, That the regular professional and
technical personnel of the Authority shall be exempt from the coverage of the
classification and compensation plans of the WAPCO and Civil Service rules and
regulations: Provided, however, That such personnel shall be permanent in status
and shall be entitled to the benefits and privileges normally accorded to
government employees, such as retirement, GSIS insurance, leave, and similar
matters: Provided, further, That the Director General of the NEDA shall review
and recommend the approval of the staffing pattern for professional and technical
personnel of the Authority including modifications thereof as may be necessary for
five years from the date of approval of this Decree.
(Sections 33 and 34 were repealed by Presidential Decree No. 813, Section 23,
promulgated on October 17, 1975.)
SEC. 34A.39 Supervision by the NEDA — The Authority shall be directly under
the NEDA for policy and program integration.
SEC. 34C.41 Management Audit by the NEDA — The NEDA, may, at its own
instance, initiate a management audit of the Authority when there is a reasonable
ground to believe that the affairs of the Authority have been mismanaged. Should
such audit indicate mismanagement, the NEDA shall take such appropriate
measures as may be required by circumstances.
SEC. 35. Minimum Wage — All contracts entered into by the Authority which
require the employment of persons shall contain provision that not less than the
minimum wage fixed by law shall be paid to such persons so employed.
38
As amended by Sec. 22, P.D. No. 813, 17 October 1975.
39
Inserted by Sec. 25, P.D. No. 813, 17 October 1975 suspended by E.O. No. 149, s. 1993 with transfer of
LLDA to DENR.
40
Inserted by Sec. 25, P.D. No. 813, 17 October 1975.
41
Inserted by Sec. 25, P.D. No. 813, 17 October 1975.
SEC. 36. Plans to Be Formulated Within One Year — Upon its organization, the
Board of Directors shall formulate and report to the stockholders with the utmost
expeditious manner, but in no case longer than one (1) year, its plans and
recommendations for the accelerated and balanced development of the region in
accordance with the aims and purposes of this Act.
SEC. 37. Supplies and Services Other than Personnel — All purchases of
supplies or contracts for services, except for personnel services, entered into by
the Authority shall be done only after the proper bidding is held. Bidding shall not
be required when: (1) the amount involved is five thousand pesos (P5,000.00) or
less; (2) an emergency, as certified to by the General Manager, requires
immediate delivery of the supplies or performance of the services: Provided, That
in comparing bids and making awards, the Authority shall consider such factors as
the cost and relative quality and adaptability of supplies or services; the bidders’
financial responsibility, skill, experience, integrity, and ability to furnish repairs and
maintenance services; the time of delivery or performance offered; and the
compliance with the specifications desired.
SEC. 38. Auditing — The Board of Directors shall provide and appoint an auditor
who shall formulate an auditing system for the Authority. The Auditor shall make a
semestral and/or annual report covering the financial conditions and operation of
the Authority to the Board. These auditing reports shall contain a statement of the
resources and liabilities, including earnings and expenses, the amount of paid-up
capital stock, surplus, reserves, and profits, as well as losses, bad debts and such
other facts which, under auditing rules and regulations, are considered necessary
to accurately described the financial conditions and operation of the Authority. The
Auditor shall report and be directly responsible to the Board.
SEC. 39. (This provision was repealed by Presidential Decree No. 813, Section
26, promulgated on October 17, 1975.)
SEC. 39A.42 Penal and Civil Liability Clause — Any person, natural or juridical,
who shall violate any of the provisions of this Act or any rules or regulations
promulgated by the Authority pursuant thereto shall be liable to imprisonment of
not exceeding three years or to a fine not exceeding five thousand pesos
(P5,000.00) or both at the discretion of the Court.
42
Inserted by Sec. 27, P.D. No. 813, 17 October 1975.
SEC. 40. Separability Clause — The provisions of this Act are hereby declared
to be separable, and in the event any one or more such provisions are held
unconstitutional, they shall not affect the validity of other provisions.
1. Act — Whenever used in this Act, shall refer to the enabling Act creating
the Laguna Lake Development Authority;
2. Authority — Whenever cited in this Act shall mean the Laguna Lake
Development Authority;
3. Board — The word Board shall always refer to the Board of Directors of the
Laguna Lake Development Authority;
4. Region — The word region in this connection means the Laguna Lake area
proper comprising the provinces of Rizal and Laguna and the cities of San
Pablo, Manila, Pasay, Quezon, and Caloocan;
5. Government instrumentalities, agencies, or entities — Whenever used in
this Act shall mean instruments of the national or local governments vested
with powers to accomplish a definite government aim or purpose;
6. Municipal corporation — Whenever used in this Act shall mean one that is
organized for political purposes with political powers exercised for the good
of the public, subject to legislative control and with officers of the
government as its members to administer or discharge public duties;
7. Government corporation — Whenever used shall refer to corporations
engaged in performing functions impressed with public interest;
8. Investors — With regards to this Act, investors shall include public and
private investors whether foreign or local;
9. External auditor — Shall mean a firm or a person hired outside the
Authority or agency to audit the books of accounts of another corporation
or agency, examine financial records, prepare audit reports on findings in
the operation of the agency, review the statement on the performance
report of the Authority.
10. Subsidiary corporation — A corporation that is organized or a corporation
already in existence wherein at least fifty-one percent (51%) of its shares of
stock are owned or controlled by the organizing or subscribing Authority, in
this case, the Laguna Lake Development Authority, to carry out or
accomplish its purposes.
43
Inserted by Sec. 28, P.D. No. 813, 17 October 1975.
44
Amended by Sec. 29, P.D. No. 813, 17 October 1975.
11. Laguna Lake or lake — Whenever used in this Act, the same shall refer to
Laguna de Bay which is that area covered by the lake water when it is at
the average annual maximum lake level of elevation 12.50 meters, as
referred to a datum 10.00 meters below mean lower low water (MLLW).
Lands located at and below such elevation are public lands which form part
of the bed of said lake.
SEC. 42. Laws repealed — All acts, charters, executive orders, administrative
orders, proclamations, rules and regulations, or parts thereof in conflict with this
Act are hereby repealed or modified accordingly.
SEC. 43. Effectivity — This Act shall take effect upon its approval.
Whereas, the
increasing pressure of urban
growth and development
dictate the need for a more
rational allocation of the
limited land and lake
resources of the region
responsive to the demands of
the various beneficial users
thereof;
Whereas, the
competing options for the use
of such resources and "Irrigation of the land with seawater desalinated by fusion power is ancient. It's
conflicting jurisdictions over called rain. " --Michael McClary
such uses are creating undue
constraints on the institutional
capabilities of LLDA in the light of the limited powers vested in it by its charter;
Whereas, for LLDA to effectively perform its role, a thorough corporate
reorganization aimed at: regrouping its various units for better administrative
control and direction; expansion of its field offices; strengthening of the linkages
with other government and private institutions; broadening of its financial base
and revenue generations; and, enlarging its prerogatives of monitoring, licensing
and enforcement, would be necessary.
SEC. 2. Water Rights over Laguna de Bay and Other Bodies of Water within the
Lake Region — To effectively regulate and monitor activities in the Laguna de Bay
region, the Authority shall have exclusive jurisdiction to issue permit for the use of
all surface water for any projects or activities in or affecting the said region
including navigation, construction, and operation of fishpens, fish enclosures, fish
corrals and the like.
For the purpose of this executive order, the term Laguna de Bay Region
shall refer to the provinces of Rizal and Laguna; the cities of San Pablo, Pasay,
Caloocan, Quezon, Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and
Malvar in Batangas province; the towns of Silang and Carmona in Cavite
province; the town of Lucban in Quezon province; and the towns of Marikina,
Pasig, Taguig, Muntinlupa, and Pateros in Metro Manila.
SEC. 4. Additional Powers and Functions — The Authority shall have the
following powers and functions:
a. Issue standards, rules and regulations to govern the approval of plans and
specifications for sewage works and industrial waste disposal system and
the issuance of permits in accordance with the provisions of this Executive
Order; inspect the construction and maintenance of sewage works and
industrial waste disposal systems for compliance to plans.
b. Adopt, prescribe, and promulgate rules and regulations governing the
Procedures of the Authority with respect to hearings, plans, specifications,
designs, and other data for sewage works and industrial waste disposal
system, the filing of reports, the issuance of permits, and other rules and
regulations for the proper implementation and enforcement of this
Executive Order.
c. Issue orders or decisions to compel compliance with the provisions of this
Executive Order and its implementing rules and regulations only after
proper notice and hearing.
d Make, alter, or modify orders requiring the discontinuance of population
specifying the conditions and time within which such discontinuance must
be accomplished.
e. Issue, renew, or deny permits, under such conditions as it may determine
to be reasonable, for the prevention and abatement of pollution, for the
discharge of sewage, industrial waste, or for the installation or operation of
sewage works and industrial disposal system or parts thereof: Provided,
however, That the Authority, by rules and regulations, may require
subdivisions, condominiums, hospitals, public buildings, and other similar
human settlements to put up appropriate central sewerage system and
sewage treatment works, except that no permits shall be required of any
new sewage works or changes to or extensions of existing works that
discharge only domestic or sanitary wastes from a single residential
building provided with septic tanks or their equivalent. The Authority may
impose reasonable fees and charges for the issuance or renewal of all
permits herein required.
f. After due notice and hearing, the Authority may also revoke, suspend,
modify any permit issued under this Order whenever the same is
necessary to prevent or abate pollution.
g. Deputize in writing or request assistance of appropriate government
agencies or instrumentalities for the purpose of enforcing this Executive
Order and its implementing rules and regulations and the orders and
decisions of the Authority.
h. Authorize its representative to enter at all reasonable times any property of
the public dominion and private property devoted to industrial,
manufacturing, processing or commercial use without doing damage, for
the purpose of inspecting and investigating conditions relating to pollution
or possible or imminent pollution.
i. Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this executive
order.
SEC. 7. Repealing Clause — All laws, decrees, orders, proclamations, rules and
regulations, and issuances or parts thereof, which are inconsistent with any of the
provisions of this Executive Order are hereby repealed or modified accordingly.
SEC. 9. Effectivity Clause — This executive order shall take effect immediately.
*
William Butter Yeats, Lake Isle of Innisfree
Primary Jurisdiction of the LLDA for the Management of the Laguna de Bay
LLDA, as a special agency created by law to manage the Laguna Lake and
its watershed, has jurisdiction over and can require the component local
governments to secure a clearance for projects undertaken within the area. It is
also authorized to issue cease and desist orders (CDOs) for projects or activities
undertaken without complying with this requirement.
Facts:
A group of residents calling themselves the Task Force Camarin Dumpsite
of Our Lady of Lourdes Parish, Camarin, Caloocan City, filed a complaint with the
Laguna Lake Development Authority seeking to stop the operation of the 8.6-
hectare open garbage dumpsite in the Tala Estate of Barangay Camarin. They
alleged that the dumpsite would pose hazards to the health of the residents and
pollute the waters of the surrounding area.
The LLDA conducted an on-site investigation and found that the city
government of Caloocan was maintaining an open dumpsite at the Camarin, area
without first securing an Environmental Compliance Certificate (ECC) from the
Environmental Management Bureau (EMB) of the Department of Environment and
Natural Resources.
After a public hearing, the LLDA issued a Cease and Desist Order (CDO)
ordering the city government of Caloocan, Metropolitan Manila Authority, their
contractors, and other entities, to completely stop and desist from dumping any
form or kind of garbage and other waste matter at the Camarin dumpsite.
The city government claims that it is within its power, as a local government
unit and pursuant to the general welfare provision of the Local Government Code,
to determine the effects of the operation of the dumpsite on the ecological balance
and to see that such balance is maintained. On the basis of said contention, it
questioned the power and authority of the LLDA to issue a cease and desist order
enjoining the dumping of garbage in the Barangay Camarin over which the city
government of Caloocan has territorial jurisdiction.
Issue No. 1: Does the LLDA have the authority to entertain the complaint against
the dumping of garbage in the open dump site which is allegedly endangering the
health, safety, and welfare of the residents?
Held:
Yes. The LLDA, as a specialized administrative agency, is specifically
mandated under Republic Act No. 4850 “to carry out and make effective the
declared national policy of promoting and accelerating the development and
balanced growth of the Laguna Lake area and the surrounding provinces of Rizal
and Laguna and the cities of… Caloocan with due regard and adequate
provisions for environmental management and control, preservation of the quality
of human life and ecological systems, and the prevention of undue ecological
disturbances, deterioration and pollution. Under such a broad grant of power and
authority, the LLDA, by virtue of its special charter, obviously has the
responsibility to protect the inhabitants of the Laguna Lake region from the
deleterious effects of pollutants emanating from the discharge of wastes from the
surrounding areas. In carrying out the aforementioned declared policy, the LLDA
is mandated, among others, to pass upon and approve or disapprove all plans,
programs, and projects proposed by local government offices/agencies within the
region, public corporations, and private persons or enterprises where such plans,
programs and/or projects are related to those of the LLDA for the development of
the region.”
In this case, when the complainant Task Force Camarin Dumpsite of Our
Lady of Lourdes Parish, Barangay Camarin, Caloocan City filed its letter-
complaint before the LLDA, the latter’s jurisdiction under its charter was validly
invoked. The basis of this allegation is that the open dumpsite project of the city
government of Caloocan in Barangay Camarin was undertaken without a
clearance from the LLDA, as required under Section 4, paragraph (d), of the LLDA
Law (Republic Act No. 4850, as amended). While there is also an allegation that
the said project was without an Environmental Compliance Certificate from the
Environmental Management Bureau (EMB) of the DENR, the primary jurisdiction
of the LLDA over this case was recognized by the Environmental Management
Bureau of the DENR. This was evident when the EMB acted as intermediary at
the meeting among the representatives of the city government of Caloocan, Task
Force Camarin Dumpsite and LLDA sometime in July 1992 to discuss the
possibility of reopening the open dumpsite.
Issue No. 2: Does the LLDA have the power and authority to issue a cease and
desist order, enjoining the dumping of garbage in Tala Estate, Barangay Camarin,
Caloocan City?
Held:
Yes. The cease and desist order issued by the LLDA requiring the city
government of Caloocan to stop dumping its garbage in the Camarin open
dumpsite found by the LLDA to have been done in violation of Republic Act No.
4850, cannot be stamped as an unauthorized exercise by the LLDA of injunctive
powers. By its express terms, Republic Act No. 4850, authorizes the LLDA to
“make, alter or modify orders requiring the discontinuance or pollution.” Section 4,
paragraph (d) explicitly authorizes the LLDA to make whatever order may be
necessary in the exercise of its jurisdiction.
“In the exercise of its express powers under its charter as a regulatory and
quasi-judicial body with respect to pollution cases in the Laguna Lake region, the
authority of the LLDA to issue a cease and desist order is, perforce, implied.
Otherwise, it may well be reduced to a “toothless” paper agency. Had the cease
and desist order issued by the LLDA been complied with by the City Government
of Caloocan as it did in the first instance, no further legal steps would have been
necessary.”
Facts:
With the passage of the Local Government Code of 1991 (Republic Act No.
7160), the municipalities in the Laguna Lake Region interpreted the provisions of
this law to mean that it gave the municipal governments the exclusive jurisdiction
to issue fishing privileges within their municipal waters. The law, after all, states
that:
(1) Grant fishing privileges to erect fish corrals oyster, mussel or other aquatic
beds or bangus fry areas within a definite zone of the municipal waters, as
determined by it; . . .
(2) Grant privilege to gather, take or catch bangus fry, prawn fry or kawag-
kawag or fry of other species and fish from the municipal waters by nets,
traps or other fishing gears to marginal fishermen free from any rental fee,
charges or any other imposition whatsoever.
(XI) Subject to the provisions of Book 2 of this Code, grant exclusive privileges
of constructing fish corrals or fishpens, or the taking or catching of bangus
fry, prawn fry or kawag-kawag or fry of any species or fish within the
municipal waters.
After losing both at the level of the Regional Trial Court and at the Court of
Appeals, LLDA presented a petition in the Supreme Court.
Issue:
Who has the authority to issue fishpen permits for the waters of the riparian
municipal governments or the LLDA?
Held:
The Supreme Court, speaking through the pen of Justice Regino
Hermosisima Jr., opened the decision by posing an age-old question on the
ostensible dilemma between economics and ecology:
“It is difficult for a man, scavenging on the garbage dump created by the
affluence, profligate consumption, and extravagance of the rich or fishing in the
murky water of the Pasig River and the Laguna Lake or making a clearing in the
forest so he can produce food for his family, to understand why protecting birds,
fish, and trees is more important than protecting him and keeping his family alive.”
Ruling in favor of the LLDA, the Court said that the provisions of the Local
Government Code of 1991 (Republic Act No. 7160) do not necessarily repeal the
law creating the Laguna Lake Development Authority which granted it water rights
authority over Laguna de Bay and the lake region.
“The Local Government Code of 1991 does not contain any express
provision which categorically expressly repeals the law creating the LLDA
(Republic Act No. 4850, as amended).” Thus, there appears to be no intent on the
part of the legislature to repeal Republic Act 4850 and its amendments. The
repeal of laws should be made clear and expressed.
“Where there is a conflict between a general law and a special statute, the
special statute should prevail since the legislative intent is more clear than the
general statute. The special law is to be taken as an exception to the general law
in the absence of special circumstances forcing a contrary conclusion. This is
because implied repeals are not favored. A special law cannot be repealed,
amended or altered by a subsequent general law by mere implication.”
“Thus, it has to be concluded that the charter of the Authority should prevail
over the Local Government Code of 1991.”
“The power of the (LLDA) to grant permits for fishpens, fish cages, and
other aquaculture structures is for the purpose of effectively regulating and
monitoring activities in the Laguna de Bay region (Section 2, Executive Order No.
927) and for lake quality control and management. It does partake of the nature
of police power which is the most pervasive, the least limitable and the most
demanding of all State powers including the power of taxation. Accordingly, the
charter of the Authority which embodies a valid exercise of police power should
prevail over the Local Government Code of 1991 on matters affecting Laguna de
Bay.”
SEC. 8. Prohibitions—No person shall throw, run, drain, or otherwise dispose into
any of the water, air and/or land resources of the Philippines, or cause, permit,
suffer to be thrown, run, drain, allow to seep, or otherwise dispose thereto any
organic or inorganic matter or any substance in gaseous or liquid form that shall
cause pollution thereof.
No person shall perform any of the following activities without first securing
a permit from the Board for the discharge of all industrial wastes and other wastes
which could cause pollution:
SEC. 68. Water Usage and Classification—The quality of Philippine waters shall
be maintained in a safe and satisfactory condition according to their best usages.
For this purpose, all waters shall be classified according to the following beneficial
usages:
i) The proposed reclassification will establish the present and future most
beneficial use of the waters;
ii) Such a reclassification is clearly in the public interest, and
iii) The proposed designated use is attainable, upon consideration of
environmental, technological, social, economic, and institutional factors.
6. For purposes of classification or reclassification the following minimum
water quality parameters are to be considered:
(a) Minimum criteria for surface waters—All surface waters of the country shall be
free from:
1. Domestic, industrial, agricultural, or other man-induced non-thermal
components of discharges which, alone or in combination with other
substances or in combination with other components of discharges
(whether thermal or non-thermal)
45
In general, this refers to current best beneficial use that is expected to last, for the next 10 to 20 years. In
special cases when dictated by political, economic, social, public health, environmental, and other
considerations, certain waters may be classified according to the intended or future beneficial use (Pasig
River, Tullahan-Tenejeros, etc.).
Classification Beneficial Use45
purposes).
Class C 1. Fishery Water for the propagation and growth of fish
and other aquatic resources;
2. Recreational Water Class II (For boating, etc.);
3. Industrial Water Supply Class I (For manufacturing
processes after treatment).
Class D 1. For agriculture, irrigation, livestock watering, etc.;
2. Industrial Water Supply Class II (e.g. cooling, etc.);
3. Other inland waters, by their quality, belong to this
classification.
"Children of a culture born in a water-rich environment, we have never really learned how
important water is to us. We understand it, but we do not respect it." --William Ashworth, Nor
Any Drop to Drink, 1982
B. Coastal and Marine Waters
Color PCU 15 50 c c c
Temperatured
ºC rise -
(max. rise in deg. Celsius) 3 3 3 3
pH (range) 6.5-8.5 6.5-8.5 6.5-8.5 6.5-8.5 6.0-9.0
Dissolved
oxygen % satn 70 70 70 60 40
(Minimum) mg/L 5.0 5.0 5.0 5.0 3.0
5-Day 20ºC BOD mg/L 1 5 5 7 (10) 10 (15)
Total suspended
solids mg/L 25 50 f g h
Total dissolved
solids mg/L 500i 1,000i - - 1,000 i
Surfactants (MBAS) mg/L nil 0.2 (0.5) 0.3 (0.5) 0.5 -
Oil/Grease mg/L nil 1 1 2 5
(Petroleum Ether Extracts)
Nitrate as nitrogen mg/L 1.0 10 nr 10j -
Phosphate as
phosphorus mg/L nil 0.1k 0.2k 0.4 k -
Phenolic substances
as phenols mg/L nil 0.002 0.005l 0.02l -
Total coliforms MPN/ 50m 1,000m 1,000 m 5,000m -
100 mL or
fecal coliforms MPN/ 20m 100m 200m - -
100mL
Chloride as Cl mg/L 250 250 - 350 -
Copper mg/L 1.0 1.0 - 0.05n -
2. Toxic and Other Deleterious Substances—The maximum
limits for these types of pollutants according to classifications
or use of the receiving body of water are found in Table 2.
Table 2. Water Quality Criteria for Toxic and Other Deleterious Substances for
Fresh Waters (For the Protection of Public Health)
Table 3. Water Quality Criteria for Conventional and Other Pollutants Affecting
Aesthetics and Exerting Oxygen Demand for Coastal and Marine Waters(A)
Table 4. Water Quality Criteria for Toxic and Other Deleterious Substances
for Coastal and Marine Waters (For the Protection of Public Health)
This Order shall take effect thirty (30) days after publication in the Official
Gazette or any newspaper of general circulation.
APPROVED.
TABLE 1
NOTE:
(a) Except as otherwise indicated, all limiting values in Table 1
(Section 4) are maximum and therefore shall not be
exceeded.
(b) Discharge of sewage and/or trade effluents are prohibited or
not allowed.
TABLE 2A
5-Day 20°C
BOD mg/L (b) (b) 50 30 80 50
Total
Suspended mg/L (b) (b) 70 50 90 70
Solids
Total Dissolved
Solids mg/L (b) (b) 1,200 1,000 - -
Surfactants
(MBAS) mg/L (b) (b) 5.0 2.0 7.0 5.0
Parameter Unit Protected Inland Waters Waters Class C
Waters Category II
Category I (Class A,B, &
(Class AA SB)
& SA)
Oil/Grease
(Petroleum
Ether mg/L (b) (b) 5.0 5.0 10.0 5.0
Extract)
Phenolic
Substances
as Phenols mg/L (b) (b) 0.1 0.05 0.5 0.1
Total Coliforms MPN/100mL (b) (b) 5,000 3,000 15,000 10,000
TABLE 2B
Temperature
(max. rise in
degree Celsius
in RBW) °C rise 3 3 3 3 3 3
Settleable mL/L
Solids
(1-hour)
5-Day 20°C
Parameter Unit Inland Waters Coastal Class Sd &
(Class D) Waters (Class Other Waters
SC) Not Classified
BOD mg/L 150 (d) 120 120 100 150 120
(d) (d)
Total
Suspended
Solids mg/L 200 150 200 150 (g) (f)
Total
Dissolved - - - -
Solids mg/L 2,000(h) 1,500(h)
Surfactants
(MBAS) mg/L - - 15 10 - -
Oil/Grease
(Petroleum
Ether Extract) mg/L - - 15 10 15 15
Phenolic
Substances
as Phenols mg/L - - 1.0(i) 0.5(i) 5.0 1.0
Total
Coliforms MPN/100mL (j) (j) - - - -
Industry Classification Maximum Allowable Limits in mg/L*, according to Time Period and
on BOD of Raw of Water Receiving Body Based
Wastewaters Produced
Effectivity date-Dec. 31 1991 Jan. 1, 1992-Dec. 31, 1994
Inland Waters Coastal waters Inland Waters Coastal waters
(Class C & D) (CI. SC & SD) (Class C&D) (CI. SC & SD)
NOTE:
1. Use either the numerical limit or percentage removal whichever is
lower (or whichever is stricter).
2. Starting January 1, 1995, the applicable effluent requirements for old
or existing industries are indicated in Table 3B.
3. For parameters other than BOD, Table 2A and Table 2B both
under Section 5 shall apply.
SEC. 10. Methods of Analysis for Effluents — For purposes of these Regulations,
any domestic or industrial effluent discharged into any body of water or
watercourse shall be analyzed in accordance with the latest edition of the
“Philippine Standard Methods for Air and Water Analyses”, the “Standard Method
for the Examination of Water and Wastewater” published jointly by the American
Public Health Association, the American Waterworks Association and the Water
Pollution Control Federation of the United States, or in accordance with such
other methods of analysis as the Department may prescribe. The approved
methods of analysis are given in Table 4.
TABLE 4 - Approved Methods of Analysis
NOTE: Other methods found in the Philippine Standard Methods for Air
and Water Analysis, the “Standard Methods for the Examination of Water and
Waste Waters,”, published jointly by American Public Health Association, the
American Waterworks Association and the Water Pollution Control Federation of
the U.S. or in accordance with such other method of analyses as the DENR may
prescribe.
SEC. 11. Maximum Quantity to be Discharged — For the protection of public
health and the aquatic resources of the country and in cases where the volume,
strength and nature of one or more pollutants, enumerated in, or not otherwise
covered in the preceding Sections, are expected to cause a serious deterioration
of a receiving body of water or cause harm or injury to aquatic life and resources,
the Department Secretary shall promulgate guidelines for the use of the
concerned line agencies, providing for the maximum quantity of any pollutant or
contaminant that maybe allowed to be discharged into the said body of water or
watercourse, including the maximum rate at which the contaminant may be so
discharged.
SEC. 12. Penalties — Any person or group of persons found violating or failing to
comply with any Order or Decision of the Department and/or the Pollution
Adjudication Board or any provision of these Regulations, shall be liable under
Section 9 of the Pollution Control Law (PD No. 984) and/or Section 106 of the
1978 NPCC Rules and Regulations, as amended.
SEC. 14. Repealing Clause — Any provision of the 1978 Rules and Regulations,
as amended, the Effluent Regulations of 1982, and other existing rules and
regulations of the Department which are inconsistent herewith are hereby
repealed.
SEC. 16. Effectivity — This Regulations shall take effect thirty (30) days after
publication in the official gazette or any newspaper of general circulation.
APPROVED: 1990
Local Water Utilities (Presidential Decree No. 198)
Whereas, domestic water systems and sanitary sewers are two of the most
basic and essential elements of local utility system, which, with a few exceptions,
do not exist in provincial
areas in the Philippines;
Whereas, existing
domestic water utilities
are not meeting the
needs of the communities
they serve; water quality
is unsatisfactory;
pressure is inadequate;
and reliability of service is
poor; in fact, many
persons receive no piped
water service
whatsoever;
Whereas,
conditions of service
continue to worsen for "Water is life's mater and matrix, mother and medium. There is no life
two apparent reasons, without water." --Albert Szent-Gyorgyi, Hungarian biochemist and Nobel
Prize Winner for Medicine.
namely: (1) that key
element of existing
systems are deteriorating
faster than they are being maintained or replaced, and (2) that they are not being
expanded at a rate sufficient to match population growth; and
SEC. 3. Definitions — As used in this Decree, the following words and terms shall
have the meanings herein set forth, unless a different meaning clearly appears
from the context. The definition of a word or term applies to any of its variants.
Chapter I
Title
SEC. 4. Title — The provisions of this Title shall be known and referred to as the
“Local Water District Law.”
Chapter II
Purpose and Formation
SEC. 5. Purpose — Local water districts may be formed pursuant to this Title for
the purposes of (a) acquiring, installing, improving, maintaining and operating
water supply and distribution systems for domestic, industrial, municipal and
agricultural uses for residents and lands within the boundaries of such districts, (b)
providing, maintaining and operating water collection, treatment and disposal
facilities, and (c) conducting such other functions and operations incidental to
water resource development, utilization and disposal within such districts, as are
necessary or incidental to said purpose.
SEC. 6. Formation of District — This Act is the source of authorization and power
to form and maintain a district. For purposes of this Act, a district shall be
considered as a quasi-public corporation performing public service and supplying
public wants. As such, a district 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.46
Once formed, a district is subject to the provisions of this Act and not under the
jurisdiction of any political subdivision. To form a district, the legislative body of
any city, municipality, or province shall enact a resolution containing the following:
a. 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.
b. 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. Provided, That such municipalities, cities
and provinces or portions thereof, cover a contiguous area.47
c. A statement completely transferring any and all waterworks and/or
sewerage facilities operated by or under the control of such city,
municipality or province to such district upon the filing of resolution forming
the district.48
d. A statement identifying the purpose for which the district is formed, which
shall include those purposes outlined in Section 5 above.
e. The names of the initial directors of the district with the date of expiration of
term of office for each which shall be on the 31st day of December of first,
second, or third even-numbered year after assuming office, as set forth in
Section 11 hereof.49
f. A statement that the district may only be dissolved on the grounds and
under the conditions set forth in Section 44 of this Title.
g. A statement acknowledging the powers, rights and obligations as set forth
in Section 36 of this Title.
Nothing in the resolution of formation shall state or infer that the local
legislative body has the power to dissolve, alter or affect the district beyond that
specifically provided for in this Act.
46
As amended by Sec. 1, P.D. No. 1479, 11 June 1978.
47
As amended by Sec. 2, P.D. No. 768, 15 August 1975.
48
As amended by Sec. 1, P.D. No. 1479, 11 June 1978.
49
As amended by Sec. 2, P.D. No. 768, 15 August 1975.
pass an initial resolution to be concurred in by the other cities, municipalities, or
provinces.50
Chapter III
Directors
50
As amended by Sec. 2, P.D. No. 768, 15 August 1975.
51
As amended by Sec. 3, P.D. No. 768, 15 August 1975.
52
As amended by Sec. 4, P.D. No. 768, 15 August 1975..
53
Provision was added by Sec. 2, P.D. No. 1479, 11 June 1978.
shall make his appointment from the list submitted on or before December 15. In
the event the appointing authority fails to make his appointments on or before
December 15, selection shall be made from said list of nominees by majority vote
of the seated directors of the district constituting a quorum. Initial nominations for
all five seats of the board shall be solicited by the legislative body or bodies at the
time of adoption of the resolution forming the district. Thirty days thereafter, a list
of nominees shall be submitted to the provincial governor in the event the
resolution forming the district is by a provincial board,54 or the mayor of the city or
municipality in the event the resolution forming the adoption of the district is by the
city or municipal board55 of councilors, who shall select the initial directors
therefrom within15 days after receipt of such nominations.
54
Now Sangguniang Panlalawigan.
55
Now Sangguniang Panlalawigan.
56
As amended by Sec. 5, P.D. No. 768, 15 August 1975.
remaining members of the Board of Directors constituting a quorum. Vacancies
occurring within the last six months of an unexpired term may be filled by a vote of
a majority of the remaining members of the Board of Directors constituting a
quorum. The director thus appointed shall serve the unexpired term only.57
SEC. 14. Personal Liability — No director may be held to be personally liable for
any action of the district.
Chapter IV
The Board
SEC. 15. Organizational Meeting — The board shall hold its first meeting as soon
as practicable after appointment of the first directors, and not later than 45 days
after formation of the district. At said first meeting of each odd-numbered year, the
Board shall elect a chairman, vice-chairman, secretary, and treasurer. Such
secretary and treasurer may, but need not be members of the Board, and the
offices of secretary and treasurer may be held by the same person.
SEC. 16. Quorum — A majority of the Board present in person shall constitute
a quorum for the transaction of business: Provided, however, That no resolution
or motion shall be adopted or become effective without the affirmative vote of a
majority of the authorized number of members of the board.
Chapter V
Powers and Duties of the Board
SEC. 17. Performance of District Powers — All powers, privileges, and duties
of the district shall be exercised and performed by and through the board:
Provided, however, That any executive, administrative, or ministerial power shall
be delegated and redelegated by the board to officers or agents designated for
such purpose by the board.
57
As amended by Sec. 6, P.D. No. 768, 15 August 1975.
58
As amended by Sec. 7, P.D. No. 768, 15 August 1975.
SEC. 18. Functions Limited to Policy-Making — The function of the board
shall be to establish policy. The board shall not engage in the derailed
management of the district.
SEC. 19. By-laws — At first meeting, the board shall adopt, and may
thereafter from time to time amend by-laws for the operation of business and
affairs of the board and the district. By-laws may not be amended without 30 days
public notice to that effect, and a public hearing held.
SEC. 22. Contracts — All contracts of the district shall be entered into by or
pursuant to authority of the Board: Provided, however, That the Board may by
resolution delegate and redelegate to officers or agents of the district, under such
conditions and restrictions as shall be affixed by the Board, the power to bind the
district by contract.
Chapter VI
Officers and Employees
SEC. 23. The General Manager — At the first meeting of the Board, or as
soon thereafter as practicable, the Board shall appoint, by a majority vote, a
general manager, an auditor, and an attorney, and shall define their duties and fix
their compensation. Said officers shall service at the pleasure of the Board.60
SEC. 24. Duties — The duties of the general manager and other officers shall
be determined and specified from time to time by the Board. The General
Manager, who shall not be a director, shall, subject to approval of the Board, have
full supervision and control of the maintenance and operation of water district
facilities, with power and authority to appoint all personnel of the district, Provided,
59
As amended by Sec. 8, P.D. No. 768, 15 August 1975.
60
As amended by Sec. 9, P.D. No. 768, 15 August 1975.
That the appointment of personnel in the supervisory level shall be subject to the
approval of the Board.61
Chapter VII
Powers of District
SEC. 25. Authorization —The district may exercise all the powers which are
expressly granted by this Title or which are necessary implied from, or incidental
to the powers and purposes herein stated. For the purpose of carrying out the
objectives of this Act, a district is hereby granted the power of eminent domain,
the exercise thereof shall, however, be subject to review by the administration.62
SEC. 27.64 Sale of Water — The district shall have the power to sell water,
pursuant to generally applicable rules and regulations, to any person for use
within the district. As a condition of such sale, the district may require the filing of
a written application for service, payment of established charges or deposits and
execution of water service contract.
A district may provide service to public faucets or hydrants provided that it
shall first have executed an application and service contract with the government
entity to establish or maintain such faucets or hydrants within the district. The
district will be paid for such service in the same manner as regular domestic
service and pursuant to the adopted rules and regulations of the district.
SEC. 28.66 Sewerage — A district may require, construct, operate, and furnish
facilities and services, within or without the district, for the collection, treatment,
and disposal of sewerage, waste, and storm water. The district may only furnish
such services outside the district by means of facilities designed primarily to serve
inside the district. Upon providing a sewer system in any area of the district, the
61
As amended by Sec. 10, P.D. No. 768, 15 August 1975.
62
The original provisions of Sec. 25 were repealed by Sec. 3, P.D. 1479, Sec. 26 was renumbered and
amended by Sec. 4, P.D. No. 1479.
63
Originally Sec. 27, renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
64
Originally Sec. 28, renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
65
Now National Water Resources Council
66
Originally Sec. 29, renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
district may require all buildings used by human beings to be connected to the
sewer system within such reasonable time as may be prescribed by the district,
provided that the property upon which such building to be connected stands is
located within 35 meters of an existing main of the district’s sewer system, the
district may declare the further maintenance or use of cesspools, septic tanks, or
other local means of sewerage disposal in such area to be a public nuisance and,
after notice in writing of at least 10 days, deprive said property owner of any and
all services provided by the district, which sanction may be co-extensive with the
period during which the property owner persists in refusing to connect with the
district’s sewer system.
SEC. 29.67 Rights of Way — The right is hereby granted to locate, construct,
and maintain works of the district on any land which is now, or hereafter may be,
owned by the government of the Philippines or by any of its political subdivisions,
and/or instrumentalities. A district may construct any works along, under or across
any street, watercourse, railway, or conduit in a manner which will afford security
for life and property: Provided, That in planning any such works, the
environmental aspects shall also be considered.
SEC. 30.68 Contracts — A district shall have the power to enter into contracts
with any person for the purpose of performing any functions of the district:
Provided, That the board of directors may not by contract delegate any of the
discretionary powers vested in the board by this Title. Specifically, but without
limiting said general power, a district may enter into the following contracts:
67
Originally Sec. 30, renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
68
Originally Sec. 31 renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
69
As amended by Sec. 11, P.D. No. 768, 15 August 1975.
settlement of the consequences of MWSS involvement in the operation of
the water system.
SEC. 31. Protection of Waters of District — A district shall have the right to:
70
Originally Sec. 32, renumbered by Sec. 6, P.D. No. 1479, 11 June 1978. As amended by Sec. 12, P.D. No.
768, 15 August 1975.
e. Take over the management, administration, operation and maintenance of
all watersheds within its territorial boundaries.71
SEC. 32.72 Fire Protection Capacity — The district may install and maintain
pipeline capacity and additional hydrants for fire protection purposes: Provided,
That prior agreement has been executed with the public entity having principal fire
protection responsibility within the district whereby the district will be reimbursed
over the reasonable life of said facilities for the cost of installation and operation of
such fire protection capacity and facilities.
Chapter VIII
Financial Provisions
SEC. 33. Receipt, Deposit, and Payment of District Funds — The treasurer
shall receive, to the credit of the district and in trust for its use and benefit, all
monies belonging to the district. All monies belonging to the district shall, where
practicable, be deposited by the treasurer in the Philippines National Bank.73
SEC. 35. Authority for Subsequent Borrowings — Where a water district has
borrowed money from the administration, the district shall not borrow money or
incur further obligations from other sources without the prior written consent of the
administration.75
SEC. 36. Default — In the event of default by the district in the payment of
principal or interest on its outstanding revenue bonds, any bondholder shall have
the power to bring an action in any court of competent jurisdiction to compel the
payment of such obligation. If the bondholder or creditor concerned is the
administration, it may, without the necessity of judicial process, take over and
71
Paragraph (e) was inserted by Sec. 6, P.D. No. 1479, 11 June 1978.
72
Originally Sec. 33, renumbered by Sec. 7, P.D. No. 1479, 11 June 1978.
73
Originally Sec. 34, renumbered by Sec. 7, P.D. No. 1479, 11 June 1978. As amended by P.D. No. 768,
Sec. 13, 15 August 1975.
74
The original provisions of Sec. 35 were repealed by Sec. 13, P.D. No. 768, 15 August 1975.
75
Inserted by Sec. 16, P.D. No. 768, 15 August 1975 as Sec. 36. The same section was renumbered again by
Sec. 7, P.D. No. 1479, 11 June 1978.
operate the entire facilities, systems or properties of the district. For this purpose,
the administration may designate its employees or any person or organization to
assume all powers of policy-decision and the powers of management and
administration, including but not limited to the establishment of water rates and
charges, the dismissal and hiring of personnel, the purchase of supplies,
equipment and materials and such other actions as may be necessary to operate
the utility efficiently.76
Chapter IX
Revenues
SEC. 37. Rates and Charges-Water — A district may sell water under its
control, without preference, under uniform schedules of rates and charges as may
be determined by the board, to any and all water users within the district. Said
schedule may provide for differential rates for different categories of use and
different quantity blocks. The district, so far as practicable, shall fix such rates and
charges for water as will result in revenues which will:
SEC. 39. Production Assessment79 — In the event the board of a district finds,
after notice and hearing, that production of ground water by other entities within
the district for commercial or industrial uses in injuring or reducing the district’s
financial condition, the board may adopt and levy a ground water production
assessment to compensate for such loss. In connection therewith, the district may
require necessary reports by the operator of any commercial or industrial well.
Failure to pay said assessment shall constitute an invasion of the waters of the
district and shall entitle this district to an injunction and damages pursuant to
Section 3280 of this Title.
SEC. 41. Disposition of Income — The income of the district shall be disposed
of according to the following priorities: First, to pay its contractual and statutory
obligations and to meet its essential current operating expenses. Second, to
allocate at least fifty percent (50%) of the balance exclusively as a reserve for
debt service and operating and maintenance, to be used for such purposes only
during periods of calamities, force majeure or unforeseen events. Third, to
allocate the residue as a reserve exclusively for expansion and improvement of its
physical facilities.82
Chapter X
Changes in Organization
79
Originally Sec. 39, renumbered as Sec. 40 by Sec. 18, P.D. No. 768, Renumbered again as Sec. 39 by Sec.
7, P.D. No. 1479, 11 June 1978.
80
Now Sec 31.
81
Originally Sec. 40, renumbered as Sec. 41 by Sec. 18, P.D. No. 768, Renumbered again as Sec. 40 by Sec.
7, P.D. No. 1479, 11 June 1978.
82
Inserted by Sec. 8, P.D. No. 1479, 11 June 1978.
SEC. 42. Exclusion of a Territory83 — Any territory within the boundary of a
district may be excluded by resolution of the board of directors after notice to land
owners within the territory proposed to be excluded, and upon a finding that said
lands do not and will not benefit by reason of their inclusion within the district. A
certified copy of said resolution of exclusion shall be filed in the same manner and
become effective in accordance with the provisions applicable to the resolution
forming the district.
Chapter XI
Protection to Districts
Chapter I—Title
SEC. 48. Title90 — The Title of the Provincial Water Utilities Act of 1973 shall
be known and referred to as the “Local Water Utilities Administration Law.”
Chapter II
Charter and Purpose
89
Originally Sec. 46, renumbered by Sec. 20, P.D. No. 768, 15 August 1975. As amended by Sec. 9, P.D.
No. 1479, 11 June 1978.
90
Originally Sec. 47, renumbered and amended by Sec. 20, P.D. No. 768, 15 August 1975.
91
Originally Sec. 48, renumbered and amended by Sec. 21, P.D. No. 768, 15 August 1975.
3. monitor and evaluate local water standards; 4) effect system integration,
joint investment and operations district annexation and deannexation
whenever economically warranted.92
Chapter III
Board of Trustees
One trustee at any time shall each have at least ten years experience in
banking or finance or business. One trustee at any time shall possess sufficient
background in the field of economics; one trustee at any time shall have
experience in management or systems operations. Two trustees at any time shall
be civil or sanitary engineers with experience related to water supply or
wastewater operations. Not more than one trustee may represent a private
investor-owned utility. No elected official shall be entitled to act as a trustee. At
least three of the trustees must be employees of the national government.
SEC. 52. Appointment and Term of Office — The trustees, with exception of
the ex-officio member, shall be appointed by the President of the Philippines.
They shall serve a term of five years each: Provided, That of the first five
appointed, one shall serve a term of five years, another for four years, the third for
three years, the fourth for two years. Trustees may be removed for cause only.
The incumbent trustees holding offices as such upon the effectivity of this
amendment shall continue to hold such office until the expiration of their original
terms as defined in their appointments.94
SEC. 53. Vacancies95 — Vacancies in the board of trustees for any reason
whatsoever shall be filled by the President of the Philippines in like manner as in
the case of new appointments, but the trustees so appointed shall serve only the
unexpired portion of the term of the trustee substituted for.
SEC. 54. Powers96 — All of the business and affairs of the administration shall
be carried on and its powers shall be exercised by and through the board of
92
Originally Sec. 49, renumbered and amended by Sec. 22, P.D. No. 768, 15 August 1975.
93
Originally Sec. 50, renumbered and amended by Sec. 23, P.D. No. 768, 15 August 1975.
94
Originally Sec. 51, renumbered and amended by Sec. 24, P.D. No. 768, 15 August 1975.
95
Originally Sec. 52, renumbered by Sec. 25, P.D. No. 768, 15 August 1975.
96
Originally Sec. 53, renumbered by Sec. 25, P.D. No. 768, 15 August 1975.
trustees. The function of the trustees, however, shall be to establish policy, not to
engage in the detailed management of the administration.
SEC. 55. Compensation — The trustees shall each receive a per diem as may
be fixed by the Board for each meeting actually attended by them: Provided, That
the total of such per diem in any one month for each Trustee, shall not exceed the
equivalent of the per diems for four meetings; Provided, further, That per diems in
excess of three hundred pesos per meeting shall be subject to approval of the
Office of the President; and Provided, finally, That in addition, each Trustee shall
be reimbursed his expenses incurred in connection with the performance of his
functions in such amount as may be determined by the Board of Trustees.97
Chapter IV
By-laws
SEC. 56. By-laws — The Board of Trustees shall adopt a code of by-laws for
the conduct of the affairs of the administration, which may be amended from time
to time by the affirmative vote of four trustees.
Except as otherwise provided herein, the organizational structure and staffing
pattern of the administration, the qualification of the appointive officers and
employees, the powers and responsibilities of the officers, the internal procedure
of the administration, and such other matters relative to the organization,
management and conduct of the affairs of the administration shall be as provided
in by the by laws; Provided, That, the appointment and disciplinary action against
officers and employees of the administration shall be done and effected pursuant
to guidelines established by the Board of Trustees.98
Chapter V
Officers and Employees
SEC. 57. Officers — The Board shall elect a chairman and a vice-chairman,
each of whom shall be a trustee. In addition there shall be selected by the Board,
a secretary, treasurer, an auditor and a general counsel, each of whom shall not
be a trustee.99
SEC. 58. The General Manager and Other Employees — The trustees shall
select a General Manager, who shall not come from the appointed trustees. The
General Manager shall receive compensation in an amount as may be fixed by
the board, subject to the approval of the President of the Philippines, but in no
case less than fifty-four thousand pesos per annum. The General Manager shall
97
Originally Sec. 54, renumbered by Sec. 26, P.D. No. 768, 15 August 1975.
98
Originally Secs. 55 and 56, renumbered and amended by Sec. 26, P.D. No. 768, 15 August 1975.
99
As amended by Sec. 28, P.D. No. 768, 17 August 1975.
employ and appoint all additional personnel; Provided, That the appointment of
personnel in the supervisory level shall be subject to confirmation by the board.
The incumbent manager holding office as such upon the effectivity of this
amendment shall continue to hold such office unless sooner terminated by
competent authority.100
Chapter VI
Powers
SEC. 59. General Corporate Powers — The administration shall have all the
powers which are expressly granted to it under this Title, or which are necessary,
implied from or incidental to the powers and purposes herein stated.
SEC. 61. Loans — Administration may make loans from its revolving loan
fund to qualified local water utilities, upon the following conditions and pursuant to
the following procedures:
100
As amended by Sec. 29, P.D. No. 768, 17 August 1975.
101
See P.D. No. 1597, 11 June 1978, which repeals all provisions that exempt agencies from the Civil
Service Law and Rules.
102
Now Sec. 73, infra.
103
As amended by Sec. 30, P.D. No. 768, 15 August 1975.
c. Security — The administration may take as security for such loans the
authorized revenue bonds or other evidence of debt by the local water
district and a mortgage on its properties;
d. Loan Document and Procedures — The trustees shall adopt uniform rules,
loan documents and procedures to be used in the granting of loans. Such
rules shall include provisions for security, payment and default, and shall
authorize the administration to act as receiver in the event of Court
proceedings for enforcement.
e. Default — In the event of default by the local water district in the payment
of principal or interest on its outstanding bonds or other obligations to the
administration, the latter may, without the necessity of judicial process, take
over and operate the facilities or properties of the district. For this purpose,
the administration may designate its employees or any person or
organization to assume both the policy-making authority and the powers of
management, including but not limited to the establishment of water rates
and service charges, the dismissal and hiring of personnel, the purchase of
equipment, supplies or materials and such other actions as may be
necessary to operate the water district efficiently. Such policy-making and
management prerogatives may be returned to the board of directors and
the general manager of the water district, respectively, when all of its
overdue accounts have been paid, all its reserve requirements have been
satisfied and all the causes of default have been met.104
SEC. 62. Regulations — Administration shall have the power and duty to
establish standards for local water utilities, and adopt rules and regulations for the
enforcement thereof. The administration shall vigorously consult and coordinate
its actions with all governmental agencies active in the areas of public works and
all other concerned agencies in the promulgation of these standards. Said
standards and regulations shall include the following:
104
As amended by Sec. 31, P.D. No. 768, 15 August 1975.
105
Paragraph (f) was inserted by Sec. 10, P.D. No. 1479, 11 June 1978.
c. Equipment, Materials, and Supplies — Standards for the optimum selection
and effective utilization of equipment, materials and supplies by local water
and sewer utilities;
d. Operations and Maintenance — Standardized procedures for operating
and maintaining equipment and facilities;
e. Personnel — The training of personnel who operate or manage local water
utilities. For this purpose, at least a majority of the personnel of a local
water district must have satisfactorily completed appropriate training
courses, programs and seminars conducted by the administration, and
must be holders of a certificate of completion or competence, as the case
may be, before a certificate of conformance is issued to the water district.
For certain positions which the administration may specify, only
those persons possessing, or in the case of subsequent appointments, only
persons who will undergo training and shall have obtained within six
months, a certificate of completion or competence, as the case may be,
shall be appointed.106
f. Organization — Organizational and institutional criteria to assure
independent operation and funding of local water utilities;
g. Accounting — A uniform accounting system with uniform chart of accounts.
Said standards and regulations also shall include stipulated levels of
internal reporting to local water utility management.
SEC. 63. Rate Review — Any publicly owned local utility holding a Certificate
of Conformance or a Conditional Certificate of Conformance from the
Administration is hereby declared exempt from the jurisdiction of the Public
Service Commission107 or its successor. Any rates or charges established by such
a local water utility shall be adequate to provide for:
a. Reimbursement from all new water customers for the cost of installing new
services and meters;
b. Revenue from all water deliveries and services performed by the district;
c. Annual operating expense of the district;
d. The maintenance and repairs of the works;
e. A reasonable surplus for replacement, extension and improvements; and
f. Payment of the interest and principal and provide a sinking or other fund for
the payment of debts of the district as they become due and establish a
fund for reasonable reserves.108
The rates or charges established by such local district, after hearing shall
have been conducted for the purpose, shall be subject to review by the
administration to establish compliance with the above-stated provisions. Said
review of rates or any charges shall be executory and enforceable after the lapse
of seven calendar days from posting thereof in a public place in the locality of the
106
As amended by Sec. 32, P.D. No. 768, 17 August 1975.
107
Now National Water Resource Council.
108
As amended by Sec. 33, P.D. No. 768, 15 August 1975.
water district, without prejudice to an appeal being taken therefrom by a water
concessionaire to the National Water Resources Council whose decision thereon
shall be appealable to the Office of the President. An appeal to the Council shall
be perfected within thirty days after the expiration of the seven-day period of
posting. The Council shall decide on appeal within thirty days from perfection.109
SEC. 67. Capital Stock — The authorized capital of the Local Water Utilities
Administration is two billion, five hundred million pesos divided into twelve million
five hundred thousand shares of stocks with a par value of two hundred pesos per
share which shall be subscribed by the national government and opened to
subscription by private investors or government financial institutions.111
109
As amended by Sec. 11, P.D. No. 1479, 11 June 1978.
110
Now Sec. 62.
111
The original provisions of Sec. 67 were repealed by Sec. 34, P.D. No. 768, and in lieu thereof, the above
provisions were substituted therefore.
SEC. 68. Payment of National Government Shares — All amounts previously
released by the national government to the revolving fund of the administration
shall be credited as payment for subscriptions to shares of stock at par value.
Whatever balance remaining of said subscription shall be paid from a continuing
appropriation which is hereby made out of any funds in the National Treasury not
otherwise appropriated, such annual appropriation to be programmed and
released in accordance with pertinent budget laws: Provided, That this continuing
appropriation shall remain in force until the balance of the unpaid subscription of
the government to the capital stock of the administration have been paid in full.112
112
The original provisions of Sec. 68 were repealed by Sec. 34, P.D. No. 768, and in lieu thereof, the above
provisions were substituted therefore.
113
The original provisions of Sec. 69 were repealed by Sec. 34, P.D. No. 768, and in lieu thereof, the above
provisions were substituted therefore.
114
The original provisions of Sec.70 were repealed by Sec. 35, P.D. No. 768, and in lieu thereof, the above
provisions were substituted therefore.
115
As amended by Sec. 34, P.D. No. 768, 15 August 1975.
116
Originally Sec. 71, renumbered and amended by Sec. 36, P.D. No. 768, 15 August 1975.
any international financial institutions or fund sources, including suppliers credits
or deferred payment arrangements, the total outstanding amount of which,
excluding interests, shall not exceed five hundred million United States dollars or
the equivalent thereof in other currencies, on term and conditions promulgated by
the Secretary of Finance and the Monetary Board for the accomplishment of its
objectives; and to enter into and execute contracts and other documents
specifying such terms and conditions.
SEC. 74. Depository for Reserves — Any local water utility which is
accumulating reserves for capital improvements may make specified time
deposits of the same to the administration in the manner authorized for banks in
handling trust funds. Such funds shall not become a part of the revolving loan
fund, nor shall they be used for operating purposes by the administration.118
SEC. 75. Control and Supervision over All Releases of Appropriations for
waterworks and Sewerage Systems — Since the administration is charged with
the development of local water utilities, funds from prior ad future appropriations
of the national government for waterworks and sewerage systems in cities,
municipalities, and provinces that are covered by duly formed water districts shall
be released directly to the administration for the account of the water districts
concerned. The administration may, however, draw from such account fees and
charges for services rendered to the water district concerned as specified in
Section 70 of this Title.119
117
Originally a part of Sec. 71, renumbered and amended by Sec. 36, P.D. No. 768, 15 August 1975.
118
As amended by Sec. 37, P.D. No. 768.
119
Section inserted by Sec. 38, P.D. No. 768, 15 August 1975.
SEC. 76. Government
Assistance to Non-Viable
Districts — There shall be
included in the General
Appropriations Act an outlay in
the form of national government
aid or subsidy to meet the
financial requirements in the
development of water supply
systems of water districts which
are determined by the
administration to be financially
"Water is the one substance from which the earth can conceal nothing; it sucks non-viable in such amount as
out its innermost secrets and brings them to our very lips." --Jean Giraudoux the administration may
recommend, but not exceeding
the cost of source development
and main transmission line. Releases of such funds shall be made directly to the
administration. In the development of such water supply systems, the
administration shall exert all efforts to bring the levels of service within the cost
repayment capacity of the beneficiaries.120
SEC. 78. Exemption from All Taxes, Duties, Fees, Imposts, and Other
Charges by the Government — To enable the administration to pay its
indebtedness and obligations, and in furtherance and effective implementation of
the policies and objectives of this Decree, the administration is hereby declared
exempt:
a. From the payment of all taxes, fees, imposts, charges, costs, and
restrictions by the government of the Republic of the Philippines, its
provinces, cities, municipalities, and other government agencies and
instrumentalities, and filing and service fees and other charges of courts in
any court administrative proceedings in which it may be a party;
120
Section was inserted by Sec. 14, P.D. No. 1479, 11 June 1978.
121
Id.
b. From all income taxes, franchise taxes and realty taxes to be paid to the
national government, its provinces, cities, municipalities and other
government agencies and instrumentalities; and
c. From all import duties, compensating taxes, wharfage fees on import of
foreign goods and equipment required for its operations and projects.122
General Provisions
SEC. 80. Effect on Other Acts124 — All acts or parts of acts, decrees, general
orders, executive orders, proclamations, or rules and regulations inconsistent
herewith are repealed or modified accordingly.
122
Section was inserted by Sec. 38, P.D. No. 768, 15 August 1975.
123
Originally Sec. 73, renumbered by Sec. 39, P.D. No. 768, 15 August 1975, and further renumbered by
Sec. 15, P.D. No. 1479, 11 June 1978.
124
Originally Sec. 74, renumbered by Sec. 39, P.D. No. 768, 15 August 1975, and further renumbered by
Sec. 15, P.D. No. 1479, 11 June 1978.
125
Originally Sec. 73, renumbered by P.D. No. 1479, 11 June 1978.
∗
Although the regulatory function remains with MWSS, the distribution function has been privatized. In like
manner, water servicing and distribution in towns and cities throughout the Philippines are now slowly
privatizing as well, but under the regulatory authority of the local water district.
a. There is hereby created a government corporation to be known as the
Metropolitan Waterworks and Sewerage System, hereinafter referred to as
the System, which shall be organized within thirty (30) days after the
approval of this Act.
b. The domicile and principal place of business of the System shall be in the
City of Manila. The System shall have such branches and agencies as may
be necessary for the proper conduct of its affairs.
c. The System shall own and/or have jurisdiction, supervision and control
over all waterworks and sewerage systems in the territory comprising the
cities of Manila, Pasay, Quezon, Cavite and Caloocan, and the
municipalities of Antipolo, Cainta, Las Piñas, Makati, Malabon,
Mandaluyong, Marikina, Montalban, Navotas, Parañaque, Pasig, Pateros,
San Juan, San Mateo, Taguig, Taytay, all of Rizal Province, the
municipalities of Bacoor, Imus, Kawit, Noveleta, Rosario, all of Cavite
province and Valenzuela, Bulacan. All other waterworks and sewerage
systems now under the supervision and control of National Waterworks
and Sewerage Authority (NWSA), shall remain with the System unless the
provinces, cities and municipalities concerned shall elect to separate from
the System, in which case, they shall communicate their decision to the
System and the separation shall take effect upon agreement of the System
and the local government not later than thirty (30) days from the time the
System receives the notice of the decision.
SEC. 3. Attributes, Powers, and Functions — The System shall have the
following attributes, powers and functions:
a. To exist and have continuous succession under its corporate name for a
term of fifty (50) years from and after the date of the approval of this Act,
notwithstanding any provision of law to the contrary: Provided, however,
That at the end of the said period, the System shall automatically continue
to exist for another fifty (50) years, unless otherwise provided by law;
b. To prescribe its by-law;
c. To adopt and use a seal and alter it at its pleasure;
d. To sue and be sued;
e. To establish the basic and broad policies and goals of the System;
f. To construct, maintain, and operate dams, reservoirs, conduits, aqueducts,
tunnels, purification plants, water mains, pipes, fire hydrants, pumping
stations, machineries and other waterworks for the purpose of supplying
water to the inhabitants of its territory, for domestic and other purposes;
and to purify, regulate and control the use, as well as prevent the wastage
of water;
g. To construct, maintain, and operate such sanitary sewerages as may be
necessary for the proper sanitation and other uses of the cities and towns
comprising the System;
h. To fix periodically water rates and sewerage service fees as the System
may deem just and equitable in accordance with the standards outlined in
Section 12 of this Act;
i. To construct, develop, maintain and operate such artesian wells and
springs as may be needed in its operation within its territory;
j. To acquire, purchase, hold, transfer, sell, lease, rent, mortgage, encumber,
and otherwise dispose of real and personal property, including rights and
franchises, consistent with the purpose for which the System is created and
reasonably required for the transaction of the lawful business of the same;
k. To construct works across, over, through and/or alongside, any stream,
water-course, canal, ditch, flume, street, avenue, highway or railway,
whether public or private, as the location of said works may require:
Provided, That, such works be constructed in such manner as to afford
security to life and property and so as not to obstruct traffic: Provided,
further, That the stream, watercourse, canal, ditch, flume, street, avenue,
highway or railway so crossed or intersected be restored without
unnecessary delay to its former state. Any person or entity whose right may
be prejudiced by said works shall not obstruct the same; however, he shall
be given reasonable notice before the construction and shall be paid just
compensation. The System shall likewise have the right to locate, construct
and maintain such works on, over and/or through any street, avenue, or
highway and land and/or real rights of the Republic of the Philippines or
any of its branches, agencies and political subdivisions upon due notice to
the office, or entity concerned, subject solely to the condition that the
street, avenue, or highway in which said works are constructed be restored
without unnecessary delay to its former state unless otherwise agreed
upon by the System and the office or entity concerned;
l. To exercise the right of eminent domain for the purpose for which the
System is created;
m. To contract indebtedness in any currency and issue bonds to finance
projects now authorized for the National Waterworks and Sewerage
Authority under existing laws and as may hereafter be expressly authorized
by law with the approval of the President of the Philippines upon the
recommendation of the Secretary of the Finance;
n. To approve, regulate, and supervise the establishment, operation and
maintenance of waterworks and deepwells within its jurisdiction operated
for commercial, industrial and governmental purposes and to fix just and
equitable rates or fees that may be charged to customers thereof;
o. To assist in the establishment, operation and maintenance of waterworks
and sewerage systems within its jurisdiction under cooperative basis;
p. To approve and regulate the establishment and construction of waterworks
and sewerage systems in privately owned subdivisions within its
jurisdiction;
q. To have exclusive and sole right to test, mount, dismount and remount
water meters within its jurisdiction;
r.. To render annual reports to the President of the Philippines and the
presiding officers of the two Houses of Congress not later than January
thirty-first of every year.
The chairman and the three members of the board shall be appointed by
the President of the Philippines with the consent of the Commission on
Appointments. The chairman and the three members of the board shall hold office
for a period of three years, except that the members initially appointed shall serve,
as designated in their appointments, one for one year, one for two years and one
for three years: Provided, That, any person chosen to fill a vacancy shall serve
only for the unexpired term of the member whom he succeeds: Provided, further,
That the term of the member nominated by labor may be terminated sooner than
as above provided if so requested by the nominating union in which case the
President of the Philippines shall appoint a replacement who shall similarly be
nominated by said union.
SEC. 5. The Suspension and Removal of Trustees — Any member of the Board
of Trustees may for cause be suspended or removed by the President of the
Philippines upon the recommendation of the Secretary of Justice after due notice
and hearing.
SEC. 6. Meetings of the Board; Quorum, Required Votes; Per Diems —The
Board of Trustees shall, immediately after its organization, adopt rules and
procedures in the conduct of its meetings. A majority of the Board shall constitute
a quorum for the transaction of business and the affirmative vote of three shall be
required for the adoption of any action. For actual attendance at meetings, the
chairman and the three members, shall each receive a per diem of one hundred
pesos (P100.00) but in no case shall any one receive more than four hundred
pesos (P400.00) a month.
The assistant general managers shall be appointed by the Board with the
approval of the President. Each shall receive an annual compensation of twenty-
eight thousand pesos (P28,000.00) and shall hold office until retirement age as
determined by law, unless sooner terminated for incapacity or other causes. In
case of temporary disability or absence of any assistant general manager, the
chairman of the Board shall designate any assistant general manager to act as
general manager.
The department heads, division and section chiefs, and other officers of
equivalent rank shall be appointed or promoted by the general manager upon
recommendation of the assistant general manager concerned, with the approval
of the Board.
a. To direct and manage the System in accordance with and to carry out the
policies of the Board;
b. To control, direct and supervise all the officers and employees under him;
c. To remove, suspend or otherwise discipline for cause, or terminate by
reason of incapacity the term of office of, Department Heads, Division and
Section Chiefs, and other officers of equivalent rank, subject to the
approval of the Board. The decision of the Board may be appealed within
thirty days from receipt thereof to the proper Court of First Instance,∗ but
shall be immediately enforceable notwithstanding said appeal;
d. To remove, suspend or otherwise discipline for cause, or terminate by
reason of incapacity the term of office of, all other personnel, without
prejudice to an appeal within thirty days from receipt of the decision to the
Board, the decision of which shall be immediately final and enforceable;
e. To detail any officer or employee when required by the exigencies of the
service, for a period not exceeding six months, without reduction in salary,
and his decision shall be final;
f. To submit to the Board an annual budget and plantilla of personnel not
later than sixty days prior to the beginning of a fiscal year, and thereafter
such supplemental budgets as may be necessary;
g. To submit to the Board, not later than the twentieth of every month, a
financial and an operational report for the month preceding, and not later
than ninety days after the close of each fiscal year an annual report, and
from time to time such partial reports as he may see fit to render or as may
be required by the Board; and
h. To perform such other powers and duties as may be assigned by the Board
or prescribed either by law or by the by-laws of the System.
A transfer from one position to another without reduction in rank and salary
shall not be considered disciplinary when made in the interest of public service
and the action of the general manager shall not be final until approved by the
Board of Trustees.
SEC. 11. Audit — The Auditor General shall appoint a representative known as
the Auditor and the necessary personnel to assist said Auditor in the performance
of his duties. The Auditor General shall also fix the salaries and the number of
personnel to assist said Auditor. Once fixed by the Auditor General, such salaries
and number of auditing personnel shall not be thereafter increased, diminished or
altered unless initiated by him. The auditing personnel under this section shall be
subject to the provisions of the Civil Service law. The budget and plantilla for
salaries, maintenance and operating expenses of the auditing office as fixed by
the Auditor General shall be subject to confirmation by the governing board of the
corporation.
SEC. 12. Review of Rates by the Public Service Commission — The rates and
fees fixed by the Board of Trustees for the System and by the local governments
for the local systems shall be of such magnitude that the System’s rate of net
return shall not exceed twelve percent (12%), on a rate base composed of the
sum of its assets in operation as revalued from time to time plus two months’
operating capital. Such rates and fees shall be effective and enforceable fifteen
(15) days after publication in a newspaper of general circulation within the territory
defined in Section 2 (c) of this Act. The Public Service Commission shall have
exclusive original jurisdiction over all cases contesting said rates or fees. Any
complaint against such rates or fees shall be filed with the Public Service
Commission within thirty (30) days after the effectivity of such rates, but the filing
of such complaint or action shall not stay the effectivity of said rates or fees. The
Public Service Commission shall verify the rate base, and the rate of return
computed therefrom, in accordance with the standards above outlined. The Public
Service Commission shall finish, within sixty (60) calendar days, any and all
proceedings necessary and/or incidental to the case, and shall render its findings
or decisions thereon within thirty (30) calendar days after said case is submitted
for decision.
In cases where the decision is against the fixed rates or fees, excess
payments shall be reimbursed and/or credited to future payments, in the
discretion of the Commission.
SEC. 13. Disposition of Income — The income of the System shall be disposed
of according to the following priorities:
First, to pay its contractual and statutory obligations and to meet its
essential current operating expenses;
Second, to serve at least fifty percent (50%) of the balance exclusively for
the expansion, development and improvement of the System; and
SEC. 14. Assistance to Local Systems — The System may provide technical
and management assistance to the various local waterworks and sewerage
systems upon their request; and for this service the System may charge actual
expenses incurred plus ten percent (10%) thereof as overhead expenses.
Any of the employees and laborers not so appointed in the local system or
who refuse such appointment shall be paid from the amount of fifteen million
pesos appropriated under this Act, the money value of his accumulated vacation
and sick leaves and such retirement gratuities as may be due him under existing
retirement laws: Provided, That any of the employees and laborers who do not
qualify under any existing retirement laws, shall be paid one month salary for
every year of service payable in lump sum.
Similarly, all employees and laborers, records, property and equipment of the
Wells and Springs Department shall be ceded, transferred and conveyed to the
Bureau of Public Works. The accounts and liabilities corresponding to said
Department shall be adjusted accordingly by the Auditor General.
SEC. 20. Separability Clause — In the event that any provision of this Act or
the application of such provisions to any person or circumstances is declared
unconstitutional, the remainder of this Act or the application of said provision to
other persons or circumstances shall not be affected thereby.
SEC. 21. Effectivity — This Act shall take effect upon its approval.
Waterways
SEC. 3. Any person who shall violate the provisions of this Act or who shall fail to
comply with a lawful order of the Secretary of Public Works and Communications
within the period given him in the said order for the removal of any works, shall be
punished by imprisonment of not less than six months or more than six years and
a fine of not less than five hundred pesos or more than six thousand pesos. In the
case of any Secretary of Public Works and Communications, in addition to the fine
and imprisonment herein provided, he shall suffer the penalty of perpetual
absolute disqualification to hold any public office.
SEC. 4. All Acts or parts of Acts, executive orders, rules and regulations which
are inconsistent with the provisions of this Act are hereby repealed.
SEC. 5. This Act shall take effect upon its approval.
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;
SEC. 4. This Decree shall take effect immediately after publication in the Official
Gazette or in a newspaper of general circulation in the country.
SECTION 1. The dumping into any river of refuse, waste matter, or substances
of any kind whatsoever that may cause an elevation in the level of river beds, or
block the course of a stream, is prohibited.
SEC. 2. To cause alluvial formations by whatever means or device that may give
rise for riverbanks to expand or by any similar process to reclaim a strip of land
through accession, except with the authority of the Secretary of Public Works and
Communications, which shall be granted if and
when any such works are absolutely necessary
for the protection of private property against the
destructive action of water, and not otherwise
harmful to other parties, is likewise prohibited.
SECTION 1. Short Title — This Act shall be known as the “National Water Crisis
Act of 1995.”
SEC. 4. Purpose and Objectives — The Commission shall have the following
purposes and objectives:
a. To undertake nationwide consultations on the water crisis and in-depth
and detailed study and review of the entire water supply and distribution
structure;
b. To enhance and facilitate cooperation and coordination between Congress
and the executive department in formulating and implementing the
government’s water crisis management policy and strategy;
c. To recommend measures that will ensure continuous and effective
monitoring of the entire water supply and distribution system of the
country; and
d. To conduct continuing studies and researches on policy options,
strategies and approaches to the water crisis including experiences of
other countries similarly situated, and to recommend such remedial and
legislative measures as may be required to address the problem.
SEC. 5. Powers and Functions — To carry out the aforementioned purposes and
objectives, the Commission is hereby authorized:
a. Destroy, damage, or interfere with any canal, raceway, ditch, lock, pier,
inlet, crib, bulkhead, dam, gate, service, reservoir, aqueduct, water mains,
water distribution pipes, conduit pipes, wire benchmark, monument, or
other works, appliance, machinery buildings, or property of any water utility
entity, whether public or private;
b. Do any malicious act which shall injuriously affect the quantity or quality of
the water or sewage flow of any waterworks and/or sewerage system, or
the supply, conveyance, measurement, or regulation thereof, including the
prevention of, or interference with any authorized person engaged in the
discharge of duties connected therewith;
c. Prevent, obstruct, and interfere with the survey, works, and construction of
access road and water mains and distribution network and any related
works of the utility entity.
d. Tap, make, or cause to be made any connection with water lines without
prior authority or consent from the water utility concerned;
e. Tamper, install, or use tampered water meters, sticks, magnets, reversing
water meters, shortening of vane wheels and other devices to steal water
or interfere with accurate registry or metering of water usage, or otherwise
result in its diversion in a manner whereby water is stolen or wasted;
f. Use or receive the direct benefit of water service with knowledge that
diversion, tampering, or illegal connection existed at the time of that use,
or that the use or receipt was otherwise without the authorization of the
water utility;
g. Steal or pilfer water meters, main lines, pipes and related or ancillary
facilities;
h. Steal water for profit or resale;
i. Knowingly possess stolen or tampered water meters; and
j. Knowingly or wilfully allow the occurrence of any of the above.
The prima facie shall not apply to tenants who have occupied the house or
dwelling for ninety (90) days or less.
SEC. 11. Penalties — The water utility concerned shall have the right and
authority to disconnect the water services, five (5) days after service of written
notice to that effect, except on Sundays and holidays, without need of a court or
administrative order, and deny restoration of the same, when a prima facie
evidence, of theft or pilferage shall have been established in accordance with
Section 8 hereof: Provided, That a notice shall have been issued even upon
discovery for the first time of the presence of any of the circumstances herein
enumerated: Provided, further, That the water service shall not be disconnected
or shall be immediately restored upon deposit, by the person concerned, of the
difference in the billing made by the water utility concerned: Provided, finally, That
the deposit shall be credited against future billings, with legal interest thereon
where the alleged theft, pilferage or current diversion has not been committed,
without prejudice to being indemnified for damages in accordance with the Civil
Code and other existing laws.
SEC. 15. Separability Clause — If, for any reason, any provision of this Act is
declared unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
SEC. 16. Repealing Clause — All laws, decrees, orders, rules and
regulations, or portions thereof, inconsistent with this Act are hereby repealed or
modified accordingly.
SEC. 17. Effectivity Clause — This Act shall take effect fifteen (15) days
following its publication in at least two (2) national newspapers of general
circulation or in the Official Gazette.
SEC. 3. Operation and Maintenance — In order to ensure the proper use of the
water facilities herein provided, a Barangay Waterworks and Sanitation
Association, herein referred to as BWSA, shall be formed and organized for the
purpose of maintaining the water facilities: Provided, That pending the
organization of the BWSA, the water facilities shall be operated and maintained by
the barangay council.
The BWSA may impose such minimal charges as may be necessary for
the maintenance and normal repairs of said facility. Nothing herein shall prevent
any resident of the locality from using the water facility under the same terms and
conditions as the member-consumers of the BWSA.
SEC. 5. Funding — The sum needed for the implementation of the construction,
rehabilitation and repair program shall be taken from any available appropriations
for the Department of Public Works and Highways in the General Appropriations
Act for 1989: Provided, That funds for this purpose shall also be included in the
General Appropriations Act for 1990 and 1991: Provided, further, That the total
program shall be completed not later than June 30, 1991, and Provided, finally,
That there shall be equitable and proportionate appropriations of funds annually
for this purpose for all provinces, cities and municipalities. In addition, a portion of
financial grants and concessional loans extended to the Philippines by foreign
governments and multilateral agencies every year, the amount to be determined
by the President, shall be allocated by the Department of Budget and
Management to augment the appropriations of the Department of Public Works
and Highways until one hundred thousand (100,000) water wells, rainwater
collectors, and springs are completed as envisioned in this Act.
SEC. 6. Effectivity — This Act shall take effect upon its publication in at least two
(2) newspapers of general circulation.
a. Funds provided for in this Act shall be used only for the construction of new
irrigation projects;
b. Priority shall be given to the construction of communal irrigation projects. At
least fifty percent (50%) of the funds shall be used for communal irrigation
projects;
c. Priority shall be given to the following:
SEC. 4. Such sums as may be necessary for the implementation of this Act shall
be taken from any available appropriations of the National Irrigation Administration
under the current General Appropriations Act. Thereafter, the succeeding
appropriations for its continued implementation shall be included in the annual
General Appropriations Act until the program shall have been completed by year
2000. In addition, the portion of financial grants and concessional loans extended
to the Philippines by foreign governments and multilateral agencies including, but
not limited to the Philippine Aid Plan, the amount to be determined by the
President, shall be allocated by the Department of Budget and Management to
augment the appropriations of the National Irrigation Administration until the
program is completed as envisioned in this Act.
a. Prevention of flooding;
b. Ensuring water supply for drinking purposes;
c. Erosion control;
d. Watershed management;
e. Fish culture;
f. Power generation; and
g. Tourism development
SEC. 6. If any part or provision of this Act is held unconstitutional, other parts or
provisions hereof which are not affected thereby shall be in full force and effect.
SEC. 7. All laws, presidential decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed.
SEC. 8. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.
*
Sandra Postel