AN ACT
TO ADDRESS THE
NATIONAL WATER CRISIS AND FOR OTHER PURPOSES.
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
urgent
and effective measures to address the nationwide water crisis which
adversely
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
not
limited to, supply, distribution, finance, privatization of state-run
water
facilities, the protection and conservation of watersheds and the waste
and pilferage of water, including the serious matter of graft and
corruption
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
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 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.
Sec. 4. Purposes 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.
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.
Sec. 6. Negotiated
contracts.
- 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.
Sec. 7. 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. For this purpose, 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.Moreover, in the implementation
of
this provision, the prescriptions of Republic Act No. 7430, otherwise
known
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
employee
of the said agencies who may be phased out by reason of the
reorganization
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
commensurate
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
water
to forty percent (40%) and upon approval by the respective board of
trustees
of the MWSS and the LWUA of their budgets.
Sec. 8. Anti-Pilferage. -
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.
Sec. 9. Prima
Facie
Evidence.
- 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 hereof:
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.
Sec. 10. Special
Aggravating
Circumstances. - The following shall considered as aggravating:
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.
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 restores upon deposit, by the person concerned, of the
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.
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
value
of the water stolen or the value of the damaged facilities: Provided,
however,
That if the offender is assisted in the commission of the crime by a
plumber,
officer or employee of the water utility concerned, the said employee,
officer or plumber shall be punished by imprisonment of two (20 years
to
six (6) years: Provided, further, That if the water is stolen for
profit
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,
general
manager, administrator, and the officers thereof who shall have
knowingly
permitted, or are otherwise responsible for the commission of the
offense
.
Sec. 12. Issuance of
Guidelines,
Implementing Rules and Regulations. -
Within one (1) month from
its organization, the Commission shall cause the issuance of
guidelines,
implementing rules and regulations necessary to carry out the
provisions
of this Act.
Sec. 13. Commission's
Report. - The Commission shall submit a quarterly report to the
President
and to Congress on the implementation of this Act.
Sec. 14. Sunset Clause.
- The Joint Executive-Legislative Water Crisis Commission shall
complete
its report and submit its recommendation to the President and the
Congress
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
unconstitutional
or invalid, other parts or provisions hereof which are not affected
thereby
shall continue to be in full force and effected.
Sec. 16. Repealing Clause.
- All laws, 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.
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,
respectively.
Approved: 07 June 1995.
