Law Summary
Declaration of Policy
- Policy to adopt urgent and effective measures addressing the national water crisis.
- Concerns include supply, distribution, finance, privatization of state-run water facilities, protection and conservation of watersheds.
- Addresses water wastage, pilferage, graft, and corruption in water agencies.
Organization of Joint Executive-Legislative Water Crisis Commission
- Commission to be formed within 30 days of the Act's effectivity.
- Chaired by the Executive Secretary.
- Members include secretaries of Public Works and Environment Departments, Senate and House committee chairmen, and minority representatives.
- Technical staff includes representatives from NWRB, MWSS, LWUA, congressional committees, and workers’ union.
Purposes and Objectives
- Nationwide consultations and comprehensive study of water supply and distribution.
- Enhance cooperation between Congress and executive for water crisis policy formulation and implementation.
- Recommend measures for continuous monitoring of water systems.
- Conduct studies and research on policy options and recommendations for remedial actions.
Powers and Functions
- Authority to secure assistance from government agencies.
- Designate watershed areas where development is suspended.
- Exercise powers necessary to achieve the Act's objectives.
Negotiated Contracts
- President authorized to enter into negotiated contracts for BOT and similar projects for water facilities for one year.
- No government financing or guarantee except for right-of-way acquisition.
- Contractors must have proven competence, key personnel, equipment, and financial capacity.
Reorganization of MWSS and LWUA
- President empowered to revamp MWSS and LWUA executive leadership within six months.
- Includes possible privatization of agencies’ segments to improve effectiveness.
- May abolish or create offices, transfer functions and personnel, institute cost-cutting measures.
- "Attrition Law" shall not apply; no reduction in present salaries and benefits.
- Phase-out employees entitled to benefits under existing laws.
- Compensation may be upgraded based on improved revenue collection, exempt from Salary Standardization Law.
Anti-Pilferage Provisions
- Unlawful acts include damaging water facilities, malicious acts affecting water quality or supply, interference in construction or survey works.
- Illegal tapping, use of tampered meters, stealing water or related property, unauthorized water use.
- Knowledge or wilful allowance of these acts is illegal.
Prima Facie Evidence
- Circumstances such as illegal tapping, unauthorized connections, tampered meters, reversed meters, or destroyed meter protection constitute prima facie evidence of theft or pilferage.
- Inspection of tampered meters to be done in presence of registered consumer.
- Excludes tenants occupying premises for 90 days or less.
Special Aggravating Circumstances
- Aggravated if committed in conspiracy with others.
- If committed with or by utility’s plumbers or employees.
- If connected to illegal water sources or tampered meter sources.
Penalties
- Water service may be disconnected after written notice of 5 days upon prima facie evidence.
- 72 hours’ notice required for second disconnection.
- Penalties: imprisonment 6 months to 2 years and fine up to double value of stolen water.
- If crime assisted by utility employees/plumbers: imprisonment 2 to 6 years.
- If water stolen for profit/resale: imprisonment 6 to 12 years.
- Juridical persons held liable through responsible officers.
Issuance of Guidelines and Rules
- Commission to issue necessary implementing guidelines within one month from organization.
Commission’s Report
- Quarterly reports to the President and Congress on implementation progress.
Sunset Clause
- Commission to submit final report and recommendations within six months.
- Commission to cease functions thereafter.
Separability Clause
- Invalidity of any provision does not affect the remainder of the Act.
Repealing Clause
- All inconsistent laws, decrees, orders, rules, or regulations are repealed or modified accordingly.
Effectivity Clause
- Act takes effect 15 days after publication in two national newspapers or the Official Gazette.