RA 9275: AN ACT PROVIDING FOR A COMPREHENSIVE WATER

QUALITY MANAGEMENT AND FOR OTHER PURPOSES

Fernandez, Nestor
Crisologo, Jezreel Edren Zanoah G.
I. Water Sources

1. Philippines source of waters can be categorized into three:

a) Rainfall
b) Surface water resources, i.e. rivers, lakes, and reservoirs, and
c) Groundwater resources

II. Water Quality

2. Inland surface waters - Data between 2006-2013 show that out of the 138
(out of 145) inland surface water bodies being sampled, using Dissolved Oxygen
(DO or the the concentration of oxygen measured in its dissolved form) as
parameter 59% percent were found to have good water quality. However, 29%
of those sampled were found to have only fair water quality, while 13% showed
poor water quality.
Rating Percentage Significance

Water body fully complies with the desired water quality

Good 98-100
criteria and fully supports its intended beneficial use

Water body partially complies with the designated water

Fair 50-97.99 quality criteria and is not supporting its intended beneficial
use in 50 to 97.99% of sampling instances

Not able to support its intended beneficial use in 0 to 49.99% of sampling

Poor 0-49.99
instances

3.Ground Waters - EMB monitored 59 shallow wells in selected areas in the country. Of
these, six sites were found to contain potable groundwater, while 23 failed to meet the
Fecal Coliform standard. The remaining 30 sites required further testing to confirm
potability
4. In the Philippines, only 10% of wastewater is treated while 58% of the groundwater is contaminated

5. Only 5% of the total population is connected to a sewer network. The vast majority uses flush toilets connected to septic tanks
Since sludge treatment and disposal facilities are rare, domestic wastewater is discharged without treatment

6. Approximately 2,000 cubic meters of solvent wastes, 22,000 tons of heavy metals, infectious wastes, biological sludge,
lubricants, and intractable wastes, as well as 25 million cubic meters of acid/alkaline liquid wastes are improperly disposed of
annually in Metro Manila alone.

7. About 4,200 people die each year due to contaminated drinking water.

8. Waterborne diseases remain a severe public health concern in the country.

9. It is estimated that in 2025, water availability will be marginal in most major cities and in 8 of the 19 major river basins in the
country.

10. The annual economic losses caused by water pollution are estimated at PhP 67 billion (US$ 1.3 billion). These include PhP
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."

SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner
consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine
waters.

SECTION 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.
SECTION 5. Water Quality Management Area
A.Salient Parts of RA in
The Department, 9275
coordination with National Water Resources Board (NWRB), shall designate certain
I. WATER
areas QUALITY
as water qualityMANAGEMENT
management SYSTEM (Chapter
areas using 2; Sections
appropriate 5 – 18)
physiographic units such as watershed, river
basins or water resources regions.
SECTION 6. Management of Non-attainment Areas
The Department shall designate water bodies, or portions thereof, where specific pollutants from either
natural or man-made source have already exceeded water quality guidelines as non-attainment areas for the
exceeded pollutants. It shall prepare and implement a program that will not allow new sources of exceeded
water pollutant in non-attainment areas without a corresponding reduction in discharges from existing sources
SECTION 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.
SECTION 8. Domestic Sewage Collection, Treatment and Disposal
The Agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila
and other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with LGUs, shall
be required to connect the existing sewage line found in all subdivisions, condominiums, commercial centers,
hotels, sports and recreational facilities, hospitals, market places, public buildings, industrial complex and
other similar establishments including households to available sewerage system.
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
A.Salient Parts of RA 9275
I. WATER QUALITY MANAGEMENT SYSTEM (Chapter 2; Sections 5 – 18)
SECTION 9. National Water Quality Management Fund
a) Finance containment and clean-up operations of the government in water pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of affected areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention, control or abatement of water pollution and management and administration of the
management areas in the amounts authorized by the Department.

SECTION 10. The Area Water Quality Management Fund

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.

SECTION 13. Wastewater Charge System

The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies.

SECTION 14. Discharge Pemits

Regulates effluent discharge to bodies of water
LLDA as regulatory agency monitoring discharges to Laguna Lake
SECTION 15. Financial Liability for Environmental Rehabilitation
Put up environmental guarantee fund (EGF)
The EGF shall finance the maintenance of the health of the ecosystems and specially the
conservation of watersheds and aquifers affected by the development, and the needs of emergency
response, clean-up or rehabilitation of areas that may be damaged during the program's or project's
actual implementation

SECTION 16. Clean-Up Operations

Any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards
shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the
same water bodies have been rendered unfit for utilization and beneficial use
II. INSTITUTIONAL MECHANISM (Chapter 3; Sections 19 – 24)

SECTION 19. Lead Agency

 Department of Environment and Natural Resources

SECTION 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.
III. CIVIL LIABILITY/PENAL PROVISIONS (Chapter 5; Sections 27 – 29)

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
Discharging directly or indirectly into water bodies causing water pollution
Discharging without valid discharge permits
Dumping or transporting into water bodies sewage sludge or solid waste
Disposing of infectious medical wastes
Definition of Terms
Effluent - means discharge from known sources which is passed into a body of water or land, or wastewater flowing out of
a manufacturing plant, industrial plant including domestic, commercial and recreational facilities.
Potentially infectious medical waste - include isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable medical equipment
and material that may pose a risk to the public health, welfare or the marine environment
Septage - means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks and
cesspools (Pozo Negro)
Sewerage - includes, but is not limited to, any system or network of pipelines, ditches, channels, or conduits including
pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances
appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point of disposal
Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water supply
treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects
Wastewater -  means waste in liquid state containing pollutants
Dumping of garbage Sewage Sludge Medical Wastes

Effluent
SECTION 28. Fines, Damages and Penalties
Fine of not less than Php 10,000 to Php 200,000 per day
of violation

Issuance of an ex parte order for such closure, suspension

of development or construction, or cessation of operations of
violators
Illustrative Case

MMDA, et al vs Concerned Residents of Manila Bay

G.R. Nos. 171947-48; December 18, 2008

Facts:
Concerned residents of Manila Bay filed a complaint before the RTC Imus, Cavite against several government agencies for the clean-up, rehabilitation and
protection of the Manila Bay/ The complaint alleged that the water quality of Manila Bay is no longer within the allowable standards set by law (esp. PD
1152, Philippine environment Code).

DENR testified for the petitioners and reported that the samples collected from the beaches around Manila Bay is beyond the safe level for bathing standard
of the DENR. MWSS testified also about MWSS efforts to reduce pollution along the bay. Philippine Ports Authority presented as evidence its Memorandum
Circulars on the study on ship-generated waste treatment and disposal as its Linis Dagat project.

RTC ordered petitioners to Clean up and rehabilitate Manila Bay.

The petitioners appealed arguing that the Environment Code relate only to the cleaning of the specific pollution incidents and do not cover cleaning in
general. Raising the concerns of lack of funds appropriated for cleaning, and asserting that the cleaning of the bay is not a ministerial act which can be
compelled by mandamus.

CA sustained the RTC stressing that RTC did not require the agencies to do tasks outside of their usual basic functions.

Issues:
(1) Whether PD 1152 relate only to the cleaning of specific pollution incidents.
(2) Whether the cleaning or rehabilitation of the Manila Bay is not ministerial act of petitioners that can be compelled by mandamus.
Held:
(1) The cleaning of the Manila bay can be compelled by mandamus.

Petitioners’ obligation to perform their duties as defined by law, on one hand, and how they are to carry out such duties, on the other, are two different
concepts. While the implementation of the MMDA’s mandated tasks may entail a decision-making process, the enforcement of the law or the very act of
doing what the law exacts to be done is ministerial in nature and may be compelled by mandamus.

The MMDA’s duty in the area of solid waste disposal, as may be noted, is set forth not only in the Environment Code (PD 1152) and RA 9003, but in its
charter as well. This duty of putting up a proper waste disposal system cannot be characterized as discretionary, for, as earlier stated; discretion
presupposes the power or right given by law to public functionaries to act officially according to their judgment or conscience.

(2) Secs. 17 and 20 of the Environment Code

Include Cleaning in General

The disputed sections are quoted as follows:

Section 17. Upgrading of Water Quality.––Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the
government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality
standards.

Section 20. Clean-up Operations.––It shall be the responsibility of the polluter to contain, remove and clean-up water pollution incidents at his own expense.
In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in
said operations shall be charged against the persons and/or entities responsible for such pollution.

Sec. 17 does not in any way state that the government agencies concerned ought to confine themselves to the containment, removal, and cleaning
operations when a specific pollution incident occurs. On the contrary, Sec. 17 requires them to act even in the absence of a specific pollution incident, as
long as water quality “has deteriorated to a degree where its state will adversely affect its best usage.” This section, to stress, commands concerned
government agencies, when appropriate, “to take such measures as may be necessary to meet the prescribed water quality standards.” In fine, the
underlying duty to upgrade the quality of water is not conditional on the occurrence of any pollution incident.