AN ACT TO PROHIBIT, REMOVE AND/OR DEMOLISH THE CONSTRUCTION

OF DAMS, DIKES OR ANY OTHER WORKS IN PUBLIC NAVIGABLE WATERS OR

WATERWAYS AND IN COMMUNAL FISHING GROUNDS, TO REGULATE
WORKS IN SUCH WATERS OR WATERWAYS AND IN COMMUNAL FISHING
GROUNDS, AND TO PROVIDE PENALTIES FOR ITS VIOLATION, AND FOR
OTHER PURPOSES.
Section 1

Construction or building of dams, dikes or any other works which encroaches into any
public navigable river, stream, coastal, waters and any other navigable public waters or
waterways as well as the construction or building of dams, dikes or any other works in areas
declared as communal fishing grounds, shall be ordered removed as public nuisances or as
prohibited construction as herein provided.

Provided
That the Secretary of Public Works and Communications may authorize the construction
of any such works when public interests or safety so requires, or when it is absolutely
necessary for the protection of private property
Section 2.

The Secretary of Public Works and Communications, after due notice, shall have the authority
to remove any dam, dike or any other works encroaches public navigable river, stream, coastal
waters and any other public navigable waters, or waterways, or that they are constructed in
areas declared as communal fishing grounds. The Secretary of Public Works and
Communications shall have the authority to order the removal of any such works and shall
give the party concerned a period not to exceed thirty days for the removal of the same

Provided
That fishpond constructions or works on communal fishing grounds introduced in good faith
before the areas were proclaimed as fishing grounds and such constructions or works do not
obstruct or impede the free passage of any navigable river, stream, or would not cause
inundations of agricultural areas
• If the party concerned fail to comply with the order of the Secretary of Public Works and
Communications within the said period the removal shall be effected by the Secretary of
Public Works and Communications at the expense of the said party within ten days
following the expiration of the period given the party concerned

Secretary of Public Works and Communication

 conduct hearing, investigation and shall terminate and decide within a period which
shall both exceed ninety days from the time he shall have been notified in writing or a
written complaint shall have been filed with him by any interested party apprising him
of the existence of a dam, dike or any other works that encroaches into any public
navigable river, stream, coastal waters or any other public navigable waters or
waterways, and in areas declared as communal fishing grounds
The removal of any works shall not impair fishponds completed or about to be completed
which do not encroach or obstruct any public navigable river or stream and/or which would
not cause inundations of agricultural areas and which have been constructed in good faith
before the area was declared communal fishing grounds.

Penalty
 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, 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.
DIRECTING ALL PERSONS, NATURAL OR JURIDICAL, TO RENOUNCE
POSSESSION AND MOVE OUT OF PORTIONS OF RIVERS, CREEKS,
ESTEROS, DRAINAGE CHANNELS AND OTHER SIMILAR WATERWAYS
ENCROACHED UPON BY THEM AND PRESCRIBING PENALTY FOR
VIOLATION HEREOF
Section 1.
Any person, whether natural or juridical, who, prior to the promulgation of this decree, may
be introduced improvements on or reclaimed and occupied portions of rivers, creeks, esteros
or drainage channels, is hereby directed to report to the:

• Secretary of Public Works

• Transportation and Communication, through the Director of Public Works

Any and all such improvements, reclamation or encroachments and to renounce

possession.
Demolish structures or improvements which to the promulgation of this decree, may have
introduced tend to obstruct the flow of water through rivers, creeks, esteros and drainage
channels, within ninety (90) days from the effectivity of this Decree
Section 2
Penalty

Non-compliance with the provisions of this Decree shall be punished by a fine of not less
than five thousand pesos nor more than ten thousand pesos or imprisonment for not less
than two years nor more than ten years, or both such fine and imprisonment

That if the offender is a corporation, firm, partnership or association, the penalty shall be
imposed upon the guilty officer or officers, as the case may be, of the corporation, firm,
partnership or association, and if such guilty officer or officers are aliens, in addition to the
penalty herein prescribed, he or they shall be deported without further proceedings on the
part of the Commission of Immigration and Deportation.
 AN ACT PROVIDING FOR THE CONSTRUCTION OF WATER
WELLS, RAINWATER COLLECTORS, DEVELOPMENT OF SPRINGS
AND REHABILITATION OF EXISTING WATER WELLS IN ALL
BARANGAYS IN THE PHILIPPINES
Section 2

The Department of Public Works and Highways (DPWH) shall, within thirty (30) days after
the approval of this Act, undertake construction of water wells, rainwater collectors,
development of springs and rehabilitation of existing water wells in all barangays in the
Philippines in such number as may be needed and feasible, taking into consideration the
population, hydrologic conditions, costs of project development and operations, financial
and economic factors and institutional arrangements

The DPWH shall deduct not more than five percent (5%) for supervision, engineering,
technical and other overhead expenses or fees. Provded that each barangay in the country
shall have at least one additional potable water source
SECTION 3
Barangay Waterworks and Sanitation Association (BWSA)

 Formed and organized for the purpose of maintaining the water facilities.

 Composed of the member-consumers who shall administer, operate and maintain the
completed water facility and shall be registered with the corresponding municipal or city
council.

 May impose such minimal charges as may be necessary for the maintenance and
normal repairs of said facility

Pending the organization of the BWSA, the water facilities shall be operated and
maintained by the barangay council.
 Organizing and training the recipient communities in the operation and
maintenance of water systems shall be conducted by the DPWH prior to the
turnover of such facilities to the BWSA subject to the guidelines to be formulated
by the Department.

SECTION 4

 The Department of Public Works and Highways shall, within ninety (90) days after
the approval of this Act and every one hundred eighty (180) days thereafter, submit
periodic reports to the respective Committees on Public Works and Highways of both
Houses of the Congress of the Philippines for evaluation and consideration.
SECTION 5.

 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.

 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.
 AN ACT TO PROMOTE RURAL DEVELOPMENT BY PROVIDING
FOR AN ACCELERATED PROGRAM WITHIN A TEN-YEAR PERIOD
FOR THE CONSTRUCTION OF IRRIGATION PROJECTS
National Irrigation Administration
 Undertake a ten-year program for the construction of irrigation projects in the
remaining one million five hundred thousand (1,500,000) hectares of unirrigated but
irrigable lands, whether in the lowlands or in the uplands, including other related project
components nationwide

 The program shall give priority to areas with social and economic problems, taking
into consideration population, area served, project cost and other economic and
environmental factors as may be deemed necessary in undertaking the program within
the context of the national development plans.

 The National Irrigation Administration, in consultation with the provincial and municipal
development councils, shall determine the areas which shall be given priority.
The National Irrigation Administration shall observe the following priorities and guidelines in the planning,
construction and management of irrigation projects:

(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:

(1) Beneficiaries of the Comprehensive Agrarian Reform Program;

(2) Members of the indigenous cultural communities;
(3) Beneficiaries in areas where there are farmer-irrigators associations; and
(4) Beneficiaries in fifth and sixth class municipalities;
(d) The irrigation projects must be equitably distributed among the provinces and municipalities, giving
priority to those provinces and municipalities without any irrigation system;

(e) The farmer-beneficiaries of communal irrigation projects shall participate in all stages of the project.
The beneficiaries shall participate in the project planning, identification, design, management of the
project funds, construction and monitoring;

(f) The beneficiaries of communal irrigation projects shall pay fifty percent (50%) of the project cost
without interest for a period of fifty (50) years: provided, that, in case the beneficiary dies, his legal heirs
or whoever may own the land benefited by the project at any given time during the term of payment
shall shoulder the remaining obligation of the land;
g) The communal irrigation system shall be managed and maintained by the irrigators association
or cooperative. The National Irrigation Administration shall help organize the irrigators
association or cooperative and shall assist in the conduct of orientation seminars and training to
the members of the said association or cooperative; and

(h) The provincial offices of the National Irrigation Administration shall be responsible in the
preparation of the feasibility studies and design of communal irrigation projects.
The construction of irrigation projects under this Act shall consider any or a combination of the
following related or complementary purposes:

(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

National Water Crisis Act of 1995
Within thirty (30) days after the effectivity of this Act, there shall be organized a Joint Executive -
Legislative Water Crisis Commission.

The Commission shall be chaired by the Executive Secretary, with the secretaries of the
Department of Public Works and Highways and the Department of Environment and Natural
Resources, and the chairmen of the appropriate Senate and House committees, as designated by
the leaders of both Houses of Congress, as well as a representative of the minority from each
House , as members.

There shall be a technical staff constituted by representatives of the National Water Resources
Board (NAIROBI), the Metropolitan Waterworks and Sewerage System (MWSS), the Local Water
Utilities Administration (LWUA), the appropriate committees of the Senate and the House, and
the certified workers' union in the affected water institutions.
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.
To carry out the aforementioned purposes and objectives, the Commission is hereby authorized:

a. To secure from any department, bureau, office, agency or instrumentality of the government such
assistance as may be needed, such as technical information, the preparation of reports, and the
submission of recommendations or plans, as it may require;

b. To designate by resolution the watershed areas in which developmental undertakings are to be

suspended; and

c. Generally, to exercise all the powers necessary, relevant and incidental to attain the purposes and
objectives for which it is organized.
For projects to be implemented under Build-operate-Transfer (BOT) and/or related schemes, the
President of the Republic my, for a period of one (1) year after the effectivity of this Act, enter into
negotiated contracts for the financing, construction, repair, rehabilitation, improvement and
operation of water facilities and projects related to increasing water supply, its treatment and its
distribution to industrial and household consumers: Provided, That here is no government
financing or financing guarantee for the contracts, except for the acquisition of right-of-way.

The contracts shall be awarded only to contractors with proven competence and experience in
similar projects, competent key personnel, efficient and reliable equipment ,and sound financial
capacity.
Reorganization of the Metropolitan Waterworks and Sewerage System (MWSS) and the Local
Waterworks and Utilities Administration (LWUA).

Within six (6) months from the approval of this Act, the President of the Republic is hereby
empowered to revamp the executive of any or all segments of these agencies, operations or facilities
if necessary, to make them more effective and innovative to address the looming water crisis.

The president may abolish or create offices, transfer functions, equipment, properties, records and
personnel; institute drastic cost-cutting and other related measures to carry out said objectives.
It is hereby declared unlawful for any person to:

a. Destroy, damage or interfere with any canal, raceway, ditch, lock , pier, inlet, crib, bullhead,
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 water or sewerage
flow of any waterworks and/or sewerage system, or the supply, conveyance, measurement, or
regulation thereof, including the prevention of, or interfere 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 of steal water or interfere with accurate registry or metering or water
usage, or otherwise result in its diversion in a manner whereby water is stolen or wasted;

f. Use or receive the direct benefit or 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 water utility;

g. Steal or polfer 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 willfully allow the occurrence of any of the above.

The presence of any of the following circumstances shall constitute prima facie evidence of theft,
pilferage, or of any unlawful acts enumerated in Section 8:

a. The existence of illegal or unauthorized tapping to the water main or distribution pipe;

b. The existence of any illegal connection such as a reversed meter, shortened vane wheel, bypass or
other connections which adversely affect the registration of the water meter;

c. The presence of a bored hole in the glass cover of the water meter, or at the back of or any part of the
meter including the vertical vane;

d. The presence of tampered, or fake seals on the meters. Inspection of tampered water meters shall be
done in the presence of the registered water consumer;
e. The presence of a reversed meter in the premises, insertion of rod, wire, or stick in the meter, filed
or shortened vane wheel, removal or altering of any part of the meter mechanism, use of magnet and
any similar illegal devices which interfere with the meter registration;

f. Destruction of the meter protection and other metering accessories; or

g. Abnormal imprints, traces or marks found in the meter assembly.

The prima facie evidence shall not apply to tenants who have occupied the house or dwelling for
ninety(90) days or less.
Special Aggravating Circumstances

a. When the violation is committed in conspiracy with at least another person, both of whom shall
be considered as principals;

b. when the offense is committed by, or in connivance with, private plumber, officer or employee,
of the water utility concerned, who shall all be considered as principals; or

c. when the violation is coupled with the sale from a source which is illegal, unregistered, or a
source with a tampered meter.
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.

A notice shall have been issued even upon discovery for the first time of the presence of any of the
circumstances herein enumerated
1. “Republic Act No. 6978” is known as National Water Crisis Act of 1995.

2. The Secretary of Public Works and Communications shall have the authority to order the removal of
any such works and shall give the party concerned a period not to exceed thirty days for the removal
of the same.

3. Any person who shall fail to comply with a lawful order of the Secretary of Public Works and
Communications, 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.

4. The Department of Public Works and Highways (DPWH) shall, within thirty (30) days, undertake
construction of water wells, rainwater collectors, development of springs and rehabilitation of
existing water wells in all barangays in the Philippines.

5. Construction or building of dams, dikes or any other works which encroaches into any public
navigable river, stream, coastal, waters and any other navigable public waters, shall be ordered
removed as public nuisances or as prohibited construction.
6. Any person, whether natural or juridical, who, prior to the promulgation of this decree, may be
introduced improvements on or reclaimed and occupied portions of rivers, creeks, esteros or drainage
channels as directed by Secretary of Public Works.

7. Within thirty (30) days after the effectivity of Republic Act No. 8041, there shall be organized a Joint
Executive -Legislative Water Crisis Commission.

8. When the violation is committed in conspiracy with at least another person, both of whom shall be
considered as principals, is one of the special aggravating circumstances provided by Republic Act. No.
8041.

9. 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.

10. The irrigation projects must be equitably distributed among the provinces and municipalities, giving
priority to those provinces and municipalities without any irrigation system.
11. The existence of illegal or unauthorized tapping to the water main or distribution pipe, constitute
prima facie evidence of theft or pilferage.

12. If an officer or officers who violated PD 296 are aliens, he or they shall be deported without further
proceedings on the part of the Commission of Immigration and Deportation.

13. The provincial offices of the National Irrigation Administration shall be responsible in the preparation
of the feasibility studies and design of communal irrigation projects.

14. National Water Resources Board (NAIROBI) is one of the representatives provided under RA 8041

15. The prima facie evidence shall not apply to tenants who have occupied the house or dwelling for
ninety (90) days or less.
16. Within six (6) months from the approval of RA 8041, the President of the Republic is hereby
empowered to revamp the executive of any or all segments of these agencies, operations or facilities if
necessary, to make them more effective and innovative to address the looming water crisis.

17. The Department of Public Works and Highways, submit periodic reports to the respective
Committees on Public Works and Highways of both Houses of the Congress of the Philippines for
evaluation and consideration.

18. It is unlawful to tap, make, or cause to be made any connection with water lines without prior
authority or consent from the water utility concerned.

19. The National Irrigation Administration, in consultation with the provincial and municipal
development councils, shall determine the areas which shall be given priority.

20. Pending the organization of the “NIA”, the water facilities shall be operated and maintained by the
“Local Government Unit”.