WATER

CODE
OF THE PHILIPPINES
VACALARES, ESTACIO, ALBON,
DABLIO, OPISO
SUBSTANTIVE ASPECT OF
THE LAW
INTRODUCTI
ON
The Water Code of the Philippines, formally
known as Presidential Decree No. 1067, was
enacted on December 31, 1976. It serves as the
legal framework for the management,
conservation, and utilization of the country’s
water resources. This report focuses on the
substantive law aspects of the Code, outlining
key provisions, rights and obligations, and
regulatory mechanisms.
 Key
Provisions

1. Ownership and 2. Water Rights 3. Water Use for

Classification of Water Various Purposes
Resources

4. Water Quality and 5. Water Resource 6. Regulatory Authority

Pollution Control Development and
Management
Rights and Obligations

Rights of Water Users Obligations of Water Users

Holders of water permits have the right to Water users must adhere to the terms
utilize the specified amount of water for and conditions of their permits,
designated purposes. including limits on usage and
compliance with quality standards.

Rights are transferable under certain

conditions, allowing users to sell or lease They are also required to contribute to
their water rights. conservation efforts and participate in
water resource management
initiatives.
 Conclusio
n
The Water Code of the Philippines provides a
comprehensive legal framework for the sustainable
management of the country’s water resources. By
establishing clear rights and obligations, prioritizing
equitable use, and emphasizing pollution control, the
Code aims to ensure that water resources are managed
effectively for current and future generations. Ongoing
challenges such as pollution, over-extraction, and climate
change necessitate continuous evaluation and reform of
the Water Code to adapt to evolving environmental and
social needs.
PROCEDURAL ASPECT OF
THE LAW
INTRODUCTI
ON
The **Water Code of the Philippines**
(Presidential Decree No. 1067) provides a
comprehensive legal framework governing
water resources in the country. The procedural
aspects outlined in the Code are based on legal
mandates designed to regulate the ownership,
appropriation, and utilization of water resources.
Below are the procedural aspects, with their
respective legal bases:
1. Application for Water Rights
(Article 16-19)

Individuals or entities who wish to use or appropriate water

must first secure a water permit from the **National Water
Resources Board (NWRB). This applies to any use of water,
whether for domestic, municipal, agricultural, industrial,
commercial, or power generation purposes.

The application must include the applicant’s name, the

purpose of water use, description of the water source,
quantity of water sought, and plans for the project.

Article 16 defines water rights as the privilege granted by

the government to appropriate and use water, while Article
19 gives the NWRB the authority to issue water permits.
2. Public Notice and Hearing (Article
23)

Before issuing a water permit, the NWRB is required

to publish a notice of application in a newspaper of
general circulation and post it in the concerned
locality to inform the public.

If no opposition is raised within the prescribed

period, the application proceeds. If there are
objections or claims of conflict with other users, a
hearing will be conducted.

This ensures transparency and gives the public the

opportunity to raise concerns or objections regarding
water appropriation applications.
3. Evaluation and Approval of the Application
(Article 20-22)

The NWRB evaluates applications by considering several

factors, including:

- Availability of water for appropriation (Article 20)

- Prior rights of other water users (Article 22)
- Beneficial use of the water (Article 22), ensuring that
the use of water
will not lead to wastage or harm the water source.
- The NWRB must ensure that the water use is within the
sustainable
limits of the water source, based on technical,
environmental, and
social assessments.
- Once all conditions are met, the NWRB grants the Water
Permit
4. Issuance of Water Permit (Article
9 and 25)

A Water Permit is issued upon approval,

detailing the amount of water to be used,
the nature of its use, and other conditions
to ensure sustainable utilization.

Article 9 provides that water rights are only

acquired through a permit issued by the
government, and Article 25 clarifies that
water permits are subject to periodic
review and compliance checks.
5. Monitoring and Compliance
(Article 26)

The NWRB is responsible for monitoring the

compliance of water permit holders, ensuring that
the water use adheres to the conditions set in the
permit.

Permit holders are required to submit periodic

reports and allow inspections of their water
extraction facilities. Non-compliance may lead to
penalties, including the suspension or cancellation of
the permit.

Article 26 mandates that water permits can be

**modified, revoked, or suspended** if the permit
6. Conflict Resolution
(Article 87)

The NWRB serves as the adjudicating

body for water-related disputes. Article
87 grants the Board the authority to
conduct investigations, mediate
between conflicting parties, and settle
disputes regarding water rights.

The decisions of the NWRB can be

appealed within the administrative
framework before resorting to judicial
7. Cancellation or Suspension of Water Permit
(Article 29)

Water permits may be canceled or suspended for

several reasons:

- Failure to use water for the purpose specified in

the permit
- Non-compliance with permit conditions
- Unauthorized transfer of the water right to
another party
- Article 29 allows for the suspension or
cancellation of a
permit if the holder fails to comply with the
provisions of the
Water Code, fails to utilize the water in a
8. Penalties for Violations
(Article 91-93)

Violations of the Water Code, such as

unauthorized use or illegal diversion of
water, may result in fines or imprisonment.
Article 91 specifies penalties for infractions.

Article 92 outlines that repeat violations

can lead to harsher penalties, and Article
93 grants the NWRB the power to enforce
penalties through administrative means or
legal action.
9. Water Resources Management and Conservation
(Articles 66-68)

The NWRB is tasked with ensuring that

water resources are managed sustainably.

Articles 66-68 provide that projects

affecting water bodies (such as drainage,
flood control, or conservation projects)
must be approved by the government,
ensuring environmental protection and
preventing depletion or contamination of
water sources.
 Conclusio
n
The procedural aspects of the Water Code of the
Philippines are deeply rooted in law, with specific
articles that ensure water resources are utilized,
allocated, and managed efficiently. The legal
framework provides mechanisms for granting
water rights, ensuring public participation,
evaluating applications, and enforcing compliance.
This structured approach aims to protect the
country's water resources while allowing for their
sustainable and equitable use.
LOCAL CURRENT SITUATION
INTRODUCTI
ON
The Water Code of the Philippines
governs both surface and
groundwater use and sets forth
guidelines for water rights, permits,
and penalties related to the
improper use or pollution of water
sources.
 Current Water Situation

Over-extraction
Water Scarcity Pollution
of Groundwater

Flooding and Climate Change

Water Access
Watershed Impacts
Inequality Degradation
Environmental
Situation
Ineffective Enforcement

While the Water Code establishes

clear guidelines for water use and
protection, enforcement is often
lacking. Many industries and
municipalities discharge untreated
wastewater into rivers and other
bodies of water, violating water
quality standards without facing
significant penalties.
 Environmental Situation
Fragmented Water Management

Multiple government agencies handle

different aspects of water management
(e.g., the National Water Resources
Board (NWRB), Local Water Utilities
Administration, Department of
Environment and Natural Resources
(DENR)). This fragmentation has
resulted in poor coordination, hindering
the comprehensive implementation of
water policies.
 Environmental Situation
Ongoing Reforms and Rehabilitation Projects

Recent efforts have been made to

rehabilitate major water bodies like
the Pasig River and Laguna de Bay.
Local governments and NGOs have
initiated various cleanup projects,
while the government has been
focusing on creating water security
plans.
 Environmental
Situation
Public Participation

Local communities, especially those

in vulnerable areas, are increasingly
involved in advocating for better
water management practices. Non-
governmental organizations (NGOs)
are active in promoting clean water
initiatives, watershed conservation,
and sustainable practices.
 Current Developments and Future
Challenges
Legislative Improvements

The creation of a central water agency has been proposed to unify water
management efforts.

Government Initiatives

The Duterte and current administrations have pushed for infrastructure projects
under the "Build, Build, Build" program, which includes the construction of new
water reservoirs and dams to ensure water security.

Sustainability Issues

With continuing economic and population growth, sustainable water

management remains a pressing issue.
 Conclusio
n
The Water Code of the Philippines provides a
solid framework for managing water resources,
but its full potential is hampered by challenges
such as enforcement, fragmentation of authority,
and environmental degradation. Efforts to
improve water governance, address pollution,
and respond to climate change will be crucial in
ensuring sustainable water resource
management for the country.
 EXAMPLE OF
JURISPRUDENCE

FIRST MEGA HOLDINGS CORP., PETITIONER, VS. GUIGUINTO WATER

DISTRICT, RESPONDENT.

(G.R. No. 208383. June 08, 2016)

FACTS:
On February 26, 2009 First Mega Holdings Corp. applied for a water permit to install a
deep well to supply water for a gasoline station and commercial complex in Guiguinto,
Bulacan.

On May 19, 2009 Guiguinto Water District (respondent) protested the application,
citing that (a) the water level in Guiguinto, Bulacan (Guiguinto) is at a critical level and
the water exploration to be conducted by petitioner would hamper the water
requirements of the said municipality and be detrimental to its water service; (b)
petitioner disregarded and violated existing laws, rules, and regulations because it had
already started drilling operations before it sought the NWRB's approval; and (c)
respondent has the capacity to supply the petitioner's water requirements

Subsequent inspections confirmed that the company had indeed begun operations
despite a Cease and Desist Order (CDO) issued by the National Water Resources Board
(NWRB).
ISSUE
Whether the NWRB correctly denied
First Mega Holdings’ water permit
application for violating the Water
Code by proceeding with drilling
despite lacking the proper permit.
Yes NWRB correctly denied First Mega Holdings’ water permit
application for violating the Water Code.

Records show that petitioner drilled a deep well and installed a

water pump without having first secured the necessary permit to
drill. Moreover, despite the NWRB's November 3, 2009 CDO
refraining it from operating the water pump, petitioner extracted
water from the deep well.

Where extraction of ground water is sought, a permit to drill must

first be secured from the NWRB. However, before a permit to drill
is issued, the NWRB shall conduct a field investigation to
determine any adverse effect that may be caused to public or
private interests.
Only after it has determined that the application meets the
requirements and is not prejudicial to any public or private
interests shall it issue the permit to drill which shall be regarded
as a temporary permit.

Until the rate of water withdrawal/yield of the well has been

determined and assessed, and the application is finally

● (a) approved and a water permit is issued subject to such

conditions as the NWRB may impose, or
● (b) disapproved and returned to the applicant, stating the
reasons therefor.
It should be emphasized that it is only through a duly issued
water permit that any person acquires the right to appropriate
water, or to take or divert waters from a natural source in the
manner and for any purpose allowed by law.

More importantly, the NWRB, in Resolution No. 001-0904 had

already identified Guiguinto as one of the critical areas in need
of urgent attention based on its water resources assessment
which, thus, impelled it to take the necessary measures to
prevent further ground water level decline and water quality
deterioration in Guiguinto.
Thus, there having been a willful and deliberate non-observance
and/or non-compliance with the IRR and the NWRB's lawful
order, which would have otherwise subjected a permittee or
grantee to a summary revocation/suspension of its water permit
or other rights to use water, the NWRB was well within its
authority to deny FIRST MEGA HOLDINGS CORP. water permit
application.
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