Question & AnswerQ&A (Republic Act No. 8041)
The short title of Republic Act No. 8041 is the "National Water Crisis Act of 1995."
The State declares the policy to adopt urgent and effective measures to address the nationwide water crisis affecting health, well-being, food production, industrialization, and related issues including supply, distribution, finance, privatization, watershed protection, and prevention of water waste and pilferage including corruption in water agencies.
The Commission is chaired by the Executive Secretary and includes secretaries of the Department of Public Works and Highways and the Department of Environment and Natural Resources, chairmen of appropriate Senate and House committees, minority representatives from each House, and has a technical staff with representatives from the NWRB, MWSS, LWUA, Senate and House committees, and the certified workers' union of affected water institutions.
The objectives include nationwide consultations on the water crisis, detailed study of water supply and distribution, enhancing cooperation between Congress and the Executive, recommending measures for monitoring the water system, and conducting research on policy options and remedial measures.
The Commission can secure assistance from government agencies, designate watershed areas to suspend development, and exercise powers necessary to achieve its objectives related to the water crisis.
For one year after the Act's effectivity, the President may enter into negotiated BOT contracts for financing, construction, repair, rehabilitation, and operation of water facilities and related projects without government financing except for right-of-way acquisition, awarding contracts only to qualified contractors.
Within six months after the Act, the President can revamp leadership, reorganize the MWSS and LWUA, privatize segments if necessary, create or abolish offices, transfer functions and personnel, institute cost-cutting, and upgrade compensation exempt from the Salary Standardization Law provided revenue and non-revenue water targets are met.
It is unlawful to damage, tamper, or interfere with water facilities and meters; to make unauthorized connections; to use tampered devices to steal water; to steal water meters or facilities; to use water obtained unlawfully; and to allow these acts knowingly.
Evidence includes illegal tapping, unauthorized or reversed meters, tampered seals, presence of illegal devices affecting meter registration, destruction of meter protection, and abnormal marks on meter assemblies, except for tenants occupying for 90 days or less.
The water utility can disconnect service with written notice; violators face imprisonment from 6 months to 2 years and fines doubling the value of stolen water or damaged facilities; higher penalties apply if aided by utility employees or if water is stolen for resale (6 to 12 years imprisonment). Juridical persons' responsible officers may also be penalized.