contains the full text of
Act No. 8041
NATIONAL WATER CRISIS ACT OF 1995
[AN ACT TO ADDRESS
NATIONAL WATER CRISIS AND FOR OTHER PURPOSES]
ACT NO. 8041
TO ADDRESS THE
NATIONAL WATER CRISIS AND FOR OTHER PURPOSES.
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Sec. 1 Short Title. -
This Act shall be shown as the "National Water Crisis Act of 1995."
Sec. 2. Declaration of
Policy. - It is hereby declared the policy of the State to adopt
and effective measures to address the nationwide water crisis which
allocate the health and well-being of the population , food production
and industrialization process.
Pursuant thereto the government
shall address the issues relevant to the water crisis including, but
limited to, supply, distribution, finance, privatization of state-run
facilities, the protection and conservation of watersheds and the waste
and pilferage of water, including the serious matter of graft and
in all the water agencies.
Sec. 3. Organization of
Joint Executive-Legislative Water Crisis Commission.- Within thirty
(30) days after the effectivity of this Act, there shall be organized a
Joint Executive -Legislative Water Crisis Commission. The Commission
be chaired by the Executive Secretary, with the secretaries of the
of Public Works and Highways and the Department of Environment and
Resources, and the chairmen of the appropriate Senate and House
as designated by the leaders of both Houses of Congress, as well as a
of the minority from each House , as members.
There shall be a technical
staff constituted by by representatives of the National Water Resources
Board (NAIROBI) , the Metropolitan Waterworks and Sewerage System
, the Local Water Utilities Administration (LWUA), the appropriate
of the Senate and the House , and the certified workers' union in the
Sec. 4. Purposes and
- The Commission shall have the following purposes and objectives:
nationwide consultations on the water crisis and in depth and detailed
study and review of the entire water supply and distribution structure;
Sec. 5. Powers
- To carry out the aforementioned purposes and objectives, the
is hereby authorized:
cooperation and coordination between Congress and the executive
in formulating and implementing the government's water crisis
policy and strategy;
that will ensure continuous and effective monitoring of the entire
supply and distribution system of the country;and
studies and researches on policy options, strategies and approaches to
the water crisis including experiences of other countries similarly
and to recommend such remedial and legislative measures as may be
to address the problem.
any department, bureau, office, agency or instrumentality of the
such assistance as may be needed, such as technical information, the
of reports, and the submission of recommendations or plans, as it may
Sec. 6. Negotiated
- For projects to be implemented under Build-operate-Transfer (BOT)
related schemes, the President of the Republic my, for a period of one
(1) year after the effectivity of this Act, enter into negotiated
for the financing, construction, repair, rehabilitation, improvement
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 watershed areas in which developmental undertakings are to be
all the powers necessary, relevant and incidental to attain the
and objectives for which it is organized.
The contracts shall be awarded
only to contractors with proven competence and experience in similar
competent key personnel, efficient and reliable equipment ,and sound
Sec. 7. Reorganization
of the Metropolitan Waterworks and Sewerage System(MWSS) and the Local
Waterworks and Utilities Administration (LWUA). - Within six (6)
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
operations or facilities if necessary, to make them more effective and
innovative to address the looming water crisis. For this purpose, the
may abolish or create offices, transfer functions, equipment,
records and personnel; institute drastic cost-cutting and other related
measures to carry out said objectives.Moreover, in the implementation
this provision, the prescriptions of Republic Act No. 7430, otherwise
as the" Attribution Law" shall not apply. Nothing in this section shall
result in the dimmunition of the present salaries, and benefits of the
personnel in the MWSS and the LWUA : Provided, That any official or
of the said agencies who may be phased out by reason of the
authorized herein shall be entitled to such benefits as may determined
by existing laws.
The President may upgrade
the compensation of the personnel of the MWSS and the LWUA at rates
to the improved and efficient revenue collection of the two agencies as
determined by the Board of Trustees and the same shall be exempted from
the provisions of Republic Act No. 6750, otherwise known as the "Salary
Standardization Law", to take effect upon a reduction of non-revenue
to forty percent (40%) and upon approval by the respective board of
of the MWSS and the LWUA of their budgets.
Sec. 8. Anti-Pilferage. -
It is hereby declared
unlawful for any person to:
or interfere with any canal, raceway, ditch, lock , pier, inlet, crib,
bullhead, dam, gate, service, reservoir, aqueduct, water mains, water
pipes, conduit, pipes, wire benchmark, monument, or other works,
machinery buildings, or property of any water utility entity, whether
Sec. 9. Prima
- The presence of any of the following circumstances shall constitute
facie evidence of theft, pilferage, or of any unlawful acts enumerated
in Section 8 hereof:
b. Do any
shall injuriously affect the quantity or quality of water or sewerage
of any waterworks and/or sewerage system, or the supply, conveyance,
measurement, or regulation thereof, including the prevention of, or
any authorized person engaged in the discharge of duties connected
interfere with the survey, works, and construction of access road and
water mains and distribution network and any related works of the
be made any connection with water lines without prior authority or
from the water utility concerned;
tampered water meters, sticks, magnets, reversing water meters,
of vane wheels and other devices of steal water or interfere with
registry or metering or water usage, or otherwise result in its
in a manner whereby water is stolen or wasted;
f. Use or
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;
meters, main lines, pipes and related or ancillary facilities;
or tampered water meters ;and
allow the occurrence of any of the above.
of illegal or unauthorized tapping to the water main or distribution
Sec. 10. Special
Circumstances. - The following shall considered as aggravating:
connection such as a reversed meter, shortened vane wheel, bypass or
connections which adversely affect the registration of the water meter;
hole in the glass cover of the water meter, or at the back of or any
of the meter including the vertical vane;
or fake seals on the meters. Inspection of tampered water meters shall
be done in the presence of the registered water consumer;
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
mechanism, use of magnet and any similar illegal devices which
with the meter registration;
protection and other metering accessories; or
or marks found in the meter assembly.
shall not apply to tenants who have occupied the house or dwelling for
ninety(90) days or less.
is committed in conspiracy with at least another person, both of whom
be considered as principals;
Sec. 11. Penalties.
- The Water utility concerned shall have the right and authority to
the water services, five (5) days after-service of written notice to
effect, except on Sundays and holidays, without need of a court or
order, and deny restoration of the same, when a prima facie evidence of
theft or pilferage shall have been established in accordance with
8 hereof: Provided, That a notice shall have been issued even upon
for the first time of the presence of any of the circumstances herein
Provided further, That the water service shall not be disconnected or
be immediately restores upon deposit, by the person concerned, of the
of the difference in the billing made by the water utility concerned:
finally, That the deposit shall be credited against future billings ,
legal interest thereon where the alleged theft, pilferage or current
has not been committed, without prejudice to being indemnified for
in accordance with the Civil Code and other existing laws.
by, or in connivance with, private plumber, officer or employee, of
water utility concerned, who shall all be considered as principals; or
coupled with the sale from a source which is illegal, unregistered, or
a source with a tampered meter.
A written notice of seventy-two
(72) hours is necessary to effect water service disconnection upon the
discovery for the second time of any of the circumstances enumerated in
Section 8 hereof.
Any person who shall violate
Section 8 hereof shall be punished by imprisonment of six (6) months to
two (2) years and a fine of not exceeding double the amount of the
of the water stolen or the value of the damaged facilities: Provided,
That if the offender is assisted in the commission of the crime by a
officer or employee of the water utility concerned, the said employee,
officer or plumber shall be punished by imprisonment of two (20 years
six (6) years: Provided, further, That if the water is stolen for
or resale, the offender shall be punished imprisonment from six (6) to
twelve (12) years.
If the offender is a juridical
person, the penalty shall be imposed on the chairman, president,
manager, administrator, and the officers thereof who shall have
permitted, or are otherwise responsible for the commission of the
Sec. 12. Issuance of
Implementing Rules and Regulations. -
Within one (1) month from
its organization, the Commission shall cause the issuance of
implementing rules and regulations necessary to carry out the
of this Act.
Sec. 13. Commission's
Report. - The Commission shall submit a quarterly report to the
and to Congress on the implementation of this Act.
Sec. 14. Sunset Clause.
- The Joint Executive-Legislative Water Crisis Commission shall
its report and submit its recommendation to the President and the
within a period of six (6) months after its formal organization. After
such period, it shall cease functus officio.
Sec. 15. Separability
Clause. If, for any reason, any provision of this Act is declared
or invalid, other parts or provisions hereof which are not affected
shall continue to be in full force and effected.
Sec. 16. Repealing Clause.
- All laws, orders, rules and regulations, or portions thereof,
with this Act are hereby repealed or modified accordingly.
Sec. 17. Effectivity
- This Act shall take effect fifteen (15) days following its
in at least two (2) national newspapers of general circulation or in
This Act which is consolidation
of H.B. No. 14471 and S.B. No. 2061 was finally passed by the House of
Representatives and the Senate on June 5, 1995 and June 2, 1995,
Approved: 07 June 1995.
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