Transfer of LWUA from DOH to DPWH

Presidential Decree No. 198, as amended, established LWUA.
Executive Order No. 738 (s. 2008) attached LWUA to the Department of Health (DOH).
Republic Act No. 6234, as amended, created MWSS.
Executive Order No. 124 (s. 1987) attached MWSS to the DPWH.
EO No. 279 (s. 2004) and EO No. 421 (s. 2005) provide that a representative from the DOF shall be one of the three National Government Trustees in the LWUA Board.
Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 is cited as the authority for the President’s continuing power to reorganize the Office of the President’s administrative structure.

The Executive Order directs a concerted and well-coordinated effort in formulating policies and planning and implementing programs and projects for the water sector.
DPWH is mandated to ensure planning, design, construction, and maintenance of infrastructure facilities (including water resource development systems) meet the highest level of safety and efficiency and align with overall national development objectives.

Section 1 transfers LWUA from the DOH to the DPWH.
Section 2 authorizes the DPWH to exercise administrative supervision over LWUA.

DPWH must continue implementing reforms for the water sector.
The reforms to be continued include those established under EO No. 279 and EO No. 421.
The supervision is intended to ensure an efficient flow of resources into the water sector.
The supervision is intended to facilitate the implementation of projects in the sector.

Section 3 provides that the Secretaries of Finance, Public Works and Highways, and Health shall sit ex officio as Members of the LWUA Board of Trustees representing the National Government.
Section 3 allows each ex officio member to designate an alternate.
Section 3 provides that an alternate’s acts are considered the acts of the principal (the ex officio member).
Section 3 requires that no alternate be lower in rank than an Assistant Secretary.

Section 4 creates an Inter-Agency Committee on the Water Sector.
Section 4 designates the Secretary of Public Works and Highways as Lead of the Committee and requires the Lead to convene the Committee.
Section 4 tasks the Committee to design and recommend to the President a water sector master plan that addresses all issues and concerns of the water sector.
Section 4 tasks the Committee to recommend to the President the appropriate organizational structure of all concerned agencies for effective implementation of the master plan.
Section 4 specifies that the National Economic and Development Authority (NEDA), Department of Budget and Management (DBM), Department of the Interior and Local Government (DILG), the Office of the President (OP), and such other concerned agencies shall form part of the Committee.

Section 5 requires DPWH, in consultation with concerned agencies, to formulate the Implementing Rules and Regulations (IRR) for effective implementation of the Executive Order.

Section 6 repeals or modifies all existing orders, rules, regulations, issuances, or parts thereof that are inconsistent with the Executive Order.
Section 7 provides separability: if any provision is declared invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting.