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.

Law Summary

Reconstitution of NWRB Membership

  • Board membership restructured to exclude members with direct claims on water resources.
  • Composition of the Board:
    • Chair: Secretary of Environment and Natural Resources (DENR)
    • Vice-Chair: Secretary of Socio-Economic Planning
    • Members: Secretaries of Justice, Finance, and Health; Director of the National Hydraulic Research Center; Executive Director of NWRB Secretariat.

Review and Amendment of Implementing Rules and Regulations (IRR)

  • NWRB tasked to immediately review and amend the IRR of the Water Code of the Philippines.
  • Amendments aimed at effective implementation and enforcement.
  • Formulation of a new or revised organizational structure for the NWRB Secretariat subject to approval by the President, Department of Budget and Management (DBM), and Civil Service Commission.

Transfer of NWRB to Department of Environment and Natural Resources (DENR)

  • After approval of the new organizational and manpower structure, NWRB will be transferred to DENR for administrative control and supervision.

DENR's Responsibilities for NWRB Secretariat Management

  • Rationalize and harmonize DENR and NWRB organizational structures to eliminate redundant functions and improve coordination.
  • Ensure continuous and effective implementation of NWRB's policies and programs with optimized personnel and resource management.
  • Promote utilization of existing DENR facilities and structures by NWRB.
  • Streamline systems, procedures, and consider decentralization to enhance service delivery without losing appropriate controls.

Regulation of Water Tariffs and Abolition of the Presidential Task Force

  • Local Water Utilities Administration (LWUA) prohibited from regulating water tariffs of Water Districts; responsibility transferred to NWRB.
  • LWUA may continue reviewing water district rates where it has financial exposure to ensure viability.
  • Abolition of the Presidential Task Force on Water Resources and Development created under EO No. 374 and amended by EO No. 409.

Severability Clause

  • If any provision is declared unconstitutional or invalid, the remaining provisions remain effective and enforceable.

Repealing Clause

  • All orders, rules, or parts inconsistent with this Executive Order are repealed or modified accordingly.

Effectivity

  • The Executive Order becomes effective upon publication in a newspaper of general circulation in the Philippines.

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