Question & AnswerQ&A (Resolution NO. 18-0118)
Article 13 of the Water Code of the Philippines requires that no person, including government instrumentalities and government-owned or controlled corporations, shall appropriate water without a water right evidenced by a water permit.
A water permit may be revoked after due notice and hearing on grounds such as non-use, gross violations of permit conditions, unauthorized sale of water, willful failure to comply with rules, pollution, public nuisance, disqualification under natural resource laws, land use changes in irrigation, and other similar grounds.
Non-use of the water for the purpose stipulated in the permit for a period of three consecutive years from the date of the permit makes the permit null and void, except as the Board may allow for reasons beyond the permittee's control.
Grounds include non-use of water for three consecutive years from issuance or completion of diversion works, unfinished or abandoned construction of needed structures, and non-compliance with permit conditions found by Monitoring and Enforcement Division.
The Board must issue a Show Cause Order directing the permittee to submit a written explanation and show cause why no sanction should be imposed.
If the explanation is justified, a Cease and Desist Order will not be issued and the permit will not be canceled.
Exceptions include force majeure events (earthquake, flooding, volcanic eruption), geopolitical issues (armed conflict, terrorism), technical reasons (ongoing study, project duration), legal impediments (litigation, pending cases), institutional issues (permit securing difficulties), and financial reasons (investor withdrawal), for limited periods determined case-by-case.
The permittee cannot re-apply for the same diversion point for one year and for other diversion points for six months.
The former permittee cannot re-apply for the same diversion point for five years and for other points for one year, including restrictions if the former permittee controls 50% or more of a new company applying.
Such an application will be treated as a new application and will not be subject to the restrictions concerning previous permit cancellations.