Title
Supreme Court
Reconstituting National Water Resources Board
Law
Executive Order No. 123
Decision Date
Sep 12, 2002
Executive Order No. 123 reconstitutes the National Water Resources Board (NWRB) in the Philippines, transferring it to the Office of the President and tasking it with reviewing and amending the Implementing Rules and Regulations of the Water Code, while also transferring administrative control and supervision to the Department of Environment and Natural Resources.

Q&A (PROCLAMATION NO. 690)

The NWRB was transferred from the Department of Public Works and Highways (DPWH) to the Office of the President.

The NWRB Board is composed of the Chair: Secretary of Environment and Natural Resources, Vice-Chair: Secretary of Socio-Economic Planning, and members including the Secretary of Justice, Secretary of Finance, Secretary of Health, Director of the National Hydraulic Research Center (NHRC), University of the Philippines, and the Executive Director of the NWRB Secretariat.

Direct claimants were excluded to make the NWRB independent from interests that have direct claims on water resources, thereby enhancing its role as a government coordinating and regulatory body.

The President has the continuing authority to reorganize the bureaucracy and may transfer any agency or function of any executive department to the Office of the President and vice versa.

The NWRB is required to initiate a review of the Implementing Rules and Regulations (IRR) of the Water Code of the Philippines and amend them as necessary to effectively implement and enforce the provisions of the Code.

The NWRB must formulate a new or revised organization and manpower structure for its Secretariat to effectively and efficiently carry out its mandate subject to approval by the President, through the Department of Budget and Management and the Civil Service Commission.

After approval, the NWRB will be transferred to the Department of Environment and Natural Resources (DENR) as a bureau for purposes of administrative control and supervision.

The DENR is responsible for managing the NWRB Secretariat effectively, efficiently, and economically by rationalizing organizational structures, ensuring continuous implementation of NWRB policies without undue resource expansion, utilizing existing DENR structures and facilities, and streamlining procedures to render faster service without surrendering controls.

The Local Water Utilities Administration (LWUA) shall cease regulating water tariffs of Water Districts, and this regulatory function shall be undertaken by the NWRB. However, LWUA may continue reviewing rates for water districts in which it has financial exposure to ensure their financial viability.

The Presidential Task Force created under EO No. 374, as amended, is abolished by EO No. 123.

If any provision of this Executive Order is declared unconstitutional or invalid, the other unaffected provisions shall remain in full force and effect.

EO No. 123 took effect upon its publication in at least one newspaper of general circulation in the Philippines.


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