Title
Transfer of LWUA from DOH to DPWH
Law
Executive Order No. 62
Decision Date
Oct 26, 2011
Benigno S. Aquino III's Executive Order No. 62 transfers the Local Water Utilities Administration from the Department of Health to the Department of Public Works and Highways to enhance coordination and efficiency in the water sector's policy formulation and project implementation.

Questions (EXECUTIVE ORDER NO. 62)

It legally moves administrative attachment of the Local Water Utilities Administration (LWUA) from the Department of Health (DOH) to the Department of Public Works and Highways (DPWH), with DPWH thereafter exercising administrative supervision over LWUA.

Under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, which EO No. 62 cites as the continuing authority of the President to reorganize administrative structures of the Office of the President.

LWUA is established by Presidential Decree No. 198 (as amended) and attached to DOH by EO No. 738 (s. 2008). MWSS was created by Republic Act No. 6234 (as amended) and attached to DPWH by EO No. 124 (s. 1987).

The EO states there is a need for a concerted and well-coordinated effort in formulating policies and planning/implementing programs and projects for the water sector.

DPWH is authorized to exercise administrative supervision over LWUA and implement reforms (including those under EO Nos. 279 and 421) to ensure efficient flow of resources into the water sector.

They provide that a representative from the Department of Finance (DOF) shall be one of the three National Government Trustees in the LWUA Board.

EO No. 62 states that DOH representation is sufficient for continuing oversight on the water and sanitation sector with respect to health concerns.

The Secretaries of Finance, Public Works and Highways, and Health serve as ex officio Members of the LWUA Board of Trustees representing the National Government.

Yes. The Secretaries may designate alternates who are officials next-in-rank, and whose acts are considered the acts of their principals. The alternate must not be lower in rank than Assistant Secretary.

Its purpose is to design and recommend to the President a water sector master plan addressing issues of the water sector, and to recommend the appropriate organizational structure of concerned agencies for effective implementation. It is led by the Secretary of DPWH and includes NEDA, DBM, DILG, OP, and other concerned agencies.

(1) A water sector master plan effectively addressing water sector issues, and (2) recommendations on the appropriate organizational structure of all concerned agencies for effective implementation of that master plan.

The Secretary of Public Works and Highways (DPWH) as Lead.

DPWH, in consultation with concerned agencies, shall formulate the IRR for effective implementation of the EO.

All issuances or parts thereof inconsistent with EO No. 62 are repealed or modified accordingly.

If any provision is declared invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting, preserving the rest of the EO’s effect.

It takes effect immediately upon publication in a newspaper of general circulation.

Even after LWUA’s transfer to DPWH, EO No. 62 retains DOH health oversight via DOH’s ex officio Board representation and by stating DPWH will administer reforms while health concerns are sufficiently covered by DOH representation.

It contemplates sector-wide planning by creating an Inter-Agency Committee tasked to design and recommend a water sector master plan and recommend organizational structures for implementing it.


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