Question & AnswerQ&A (NWRB)
They are known and cited as the Rules on Pleadings, Practice and Procedure before the National Water Resources Board.
These rules apply under P.D. 424; P.D. 1067 (Water Code of the Philippines); P.D. 1206 Sec. 11 paragraph (e); Sec. 63 of P.D. 198; C.A. 146 as amended; RA 6234 as amended by P.D. 425, and other related laws.
These rules shall be liberally construed to protect and promote public interest and to assist the parties in ascertaining the truth in the most expeditious, just and inexpensive manner without necessarily adhering to technical rules on evidence and procedure in judicial proceedings.
The Complainant/Protestant is the person initiating the action, and the Respondent/Protestee is the party against whom the action is made.
An action is deemed commenced upon the filing of a complaint/protest in accordance with these rules and upon payment of the docket/filing fee, except when the action is initiated by the Board motu proprio.
A complaint must be in writing, sworn to by the complainant, and must contain: 1) Name and postal address of complainant; 2) Name and postal address of respondent; 3) Substance of the complaint; 4) Grounds or causes of action; 5) Brief and concise statement of pertinent facts; 6) Relief sought; 7) Names and addresses of witnesses, if any.
They may be filed with the Board or the Office of the Public Works Regional Director, the Public Works District Engineer, or NIA Provincial Irrigation Engineer of the area where the water source is located. Complaints involving water utilities/waterworks system must be filed directly with the Board.
The docket/filing fee is Two Hundred Pesos (P200.00) for every complainant/protestant, except pauper litigants as defined in the Rules of Court.
A Hearing Officer can: hear cases; administer oaths; secure attendance and documents via subpoena; resolve motions; conduct ocular inspections; conduct ex-parte hearings; and cite or declare persons in contempt according to Rules of Court.
If the respondent fails to answer within ten (10) days from receipt, the Hearing Officer may proceed ex-parte to receive evidence from the complainant and submit a report based on the facts and evidence presented.