Water Code of The Philippines Midterm Reviewer

 

Water Code of the Philippines Midterm Reviewer 1 WATER CODE OF THE PHILIPPINES (PD NO. 1067)

   

A. I.

PR PREL ELIM IMIN INAR ARY Y

Governing Law

1. How is the State’s policy on management of water resources implemented?  

Through the REGULATION OF WATER RIGHTS

2. WHAT IS PD NO. 1067?    

II.

The Water Code of the Philippines (issued on Dec. 31, 1976); It is the basic law governing water resources and rights to land related thereto in terms of: a. Ownership;  b. Appropriation; c. Utilization; on; d. Development; e. Co Cons nseerv rvat atio ion; n; an and d f. Protection.

III.

6. How is waters defined in the Code?  

V.

It recognizes that water is vital to national development and it has become become increasingly necessary for government  interven rvenee actively actively in impr improvin oving g the mana manageme gement nt of  to inte water resources  based on rational rational concept conceptss or integrate integrated d and multi-purpose management which must be sufficiently flexible to adequately meet future developments. Objectives

Refers to the water (1) under the grounds, (2) water above the ground, (3) water in the atmosphere, and the (4) waters of the the sea sea wi with thin in the the te terr rrit itor oria iall juri jurisd sdic icti tion on of th thee Philippines (Art.4, PD No. 1067) State ownership of waters

7. What are the different waters that belong to the State? a.  b.

Policy Consideration

consideration of PD No. 1067 when it comes 3. What is the policy consideration to water resources?  

 

The State MAY ALLOW the USE or DEVELOPMENT of  waters by ADMINISTRATIVE CONCESSION; The UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION, AND PROTECTIION of water resources shall be subject to the CONTROL CONT ROL and REGULATI REGULATION ON  of the gov govern ernmen mentt NATION IONAL AL WAT WATER ER RES RESOUR OURCES CES through the NAT COUNCIL (Council); Preferen Pref erence ce in the use and devel developm opment ent of wat waters ers shall current ent usag usages es  and b responsi nsive ve to the cons consid ider er curr bee respo changing needs of the country. (Art. 3, PD No. 1067)

c. d.

Ri Rive vers rs aand nd the their ir natu natura rall bed beds; s; Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; Na Natu tura rall llak akes es an and d llag agoo oons ns;; All o othe therr cat catego egorie riess of sur surfac facee wa water terss such such as:

d.1. water flowing over lands; d.2. water from rainfall whether natural, or artificial; and d.3. water from agriculture runoff, seepage and drainage; e. f. g.

At Atmo mosp sphe heri ricc wa watter er;; Subt Subter erra rane nean an o orr gr grou ound nd w wat ater ers; s; and and Se Seaw awat ater er ((Ar Art. t. 5, PD No. No. 10 1067 67))

8. What are the different waters found on private lands which belong to the State?

4. What are the OBJECTIVES of the Water Code? a.

 b.

c.

d.

IV.

To est establ ablish ish th thee basi basicc princ principl iples es and fra frame mework work re relat lating ing to appropriation, n, control and conservation conservation  of wate the appropriatio water  r  optimum um deve developm lopment ent and re reso sour urce ce to achi achiev evee the the optim rational utilization of these resources. To define the extent of the right and obligations of water users and owners  including the protection and regulation of such rights; To adopt a basic law governing the ownership, approp app ropria riatio tion, n, utiliz utilizati ation, on, exp exploi loitat tation ion,, dev develo elopme pment, nt, conservation, and protection of water resources and rights to land related thereto; and To ide identi ntify fy the adm admini inistr strati ative ve age agenci ncies es whi which ch wil willl enfor enforce ce the Code. (Art. 2, PD No. 1067) Underlying Pr Principles

5. What are the underlying principles of the Code?    

ALL waters BELONG to the STATE; ALL waters that belong to the State CANNOT BE the subject to ACQUISITIVE PRESCRIPTION;

a.  b.

Con Contin tinuous uous or iinte ntermi rmitte ttent nt wat waters ers ri risin sing g on such lland ands; s; Lakes and lagoons nat naturally urally occurring on such lands;

c. d. e.

Ra Rain in w wat ater er ffal alli ling ng on on su such ch llan ands ds;; Subt Subter erra rane nean an or g gro round und w wat ater ers; s; and and Wa Wate terr iin n swa swamp mpss aand nd m mar arsh shes es..

NOTE:  I.

II.

III.

Owner ner o off tth he la land where tth he w waater iiss ffou oun nd m maay u usse the same same for domestic purpose without securing a permit, pro provid vided ed that such use shall be registered , when required by the Council (Art. 6, PD No. 1067); captures ures or coll collects ects or coll collects ects Any p peerson w wh ho capt water by means of (1) cisterns, (2) tanks, or (3) pools shall have exclusive control over such water and the right to dispose of the same (Art. 7, PD No. 1067); Water legally appropriated  shall shall be subject to the control of the appropriator from the moment it reach reaches es the app approp ropria riator tor’s ’s canal canal or aqu aquedu educt ct leading to the place where the water will be used or   stored   and, and, ther thereeaf afte ter, r, so long long as it is bein being g beneficially used   for the purpos purposes es for whi which ch it was appropriated (Art. 8, PD No. 1067).

 

Water Code of the Philippines Midterm Reviewer 2 V.A. Definition of Terms

8. What are the different words defined under the Code?  a.

 b.

c. d.

e.

 River  –  – a natural stream of water, of greater volume than a creek or rivulet, flowing in a more or less permanent bed or channel, between defined banks or walls, with a current which may either be continuous in one direction of affected  by the ebb and flow of the tide;  Navigable  Navigab le river   – – rivers rivers are “navigable”  in fact when they are used, or are susceptible of being used, in their ordinary condition as highways for commerce over which trade and travel are or may be conducted in the customary modes of  trade and travel on water;  River banks  – those waters which afford a channel for  useful commerce; Creek  –  – a small stream less than a river. The term imports a recess, cove, bay, or inlet  in the shore of a river, and not a separate or independent stream, though it is sometimes used in the latter meaning;  Lake  – a cons standing ing water  in a consid ider erab able le bo body dy of stand depression of a land or expanded part of a river. An inland body of water  or naturally enclosed basin serving to drain surrounding surrou nding count country; ry; or a body of water of considerable size surrounded by land; a widened portion portion of a river or a lagoon. (Art. 9, PD No. 1067)

12. How are the above enumerated words defined? a.

a.1. drinking; a.2. washing; a.3. bathing; a.4. cooking or other household needs; a.5. home gardens; and a.6. watering of lawns or domestic animals;  b. c. d. e. f.

g.

h. B. VI.

APP APPROP ROPRIA RIATIO TION N OF WATERS WATERS

Appropriation of Waters

9. What is APPROPRIATION OF WATER?  

It is the:

10. What is the broad definition of the concept of appropriation of water in American jurisprudence jurisprudence? ? 

 

11. 11. What are the different purposes into which water may be appropriated?  a.  b. c. d. e.

Domestic; Municipal; Irrigation; Po Powe werr gene genera rattion; on; Fisheries;

f. g. h. i.

Live ivestoc stock k ra raisi ising; ng; Industrial; Recr creeat atiiona onal; an and d Other p pu urposes

Nat atiiona nali lity ty Re Requ quir ireeme ment nt

13. Who may appropriate water? (nationality requirement)  

It is an appropriation of water flowing on the public domain consists in the capture, impounding, or diversion of it from its natural course or channel and its actual application to some beneficial use private or personal to the appropriator, to the entire exclusion (or exclusion to the extent of the water appropriated) of all other persons. (IDEALS, Inc. vs. PSALM, G.R. No. 192088, Oct. 9, 2012)

(ditto) for municipal purposes – is the utilization of water  for for supplying  supplying the requirements requirements of the community community;; (ditto) ffo or irrigation   – is the util utiliz izat atio ion n of wate waterr for   producing agricultural crops; crops; (ditto) ffo or power generation – is the utilization of water  for for producing  producing electrical electrical or mechanical power ; (ditto) fo for fisheries  – is the utilization of water for the  propagation and culture of fish fish as a commercial ent enterprise erprise;; raising – is the utilization of water for  (ditto) fo for livestock   large herds or flocks of animals raised as a commercial  enterprise;; enterprise (ditto) for industrial purposes – is the utilization of water  in factories, in  factories, industrial plants and mines, mines, including  including the use of water as an ingredient of a finished product; pro duct; (ditto) fo for recreational purposes  – is the utilization of  wate waterr fo forr  swimming pools, bath houses, boating, water   skiing, golf courses courses and  and other similar facilities in resorts and other places of recreation. (Art. 10, PD No. 1067)

VI VII. I.

The aacqu cquisi isitio tion n of ri right ghtss ove overr the use o off wat waters ers;; or  The taking or diverting of waters waters from a natural source in the manner and for any purpose allowed by law.

a.  b.

(use (use of wa wate ter) r) fo forr domestic purposes – is the utilization of  water for:

Only FILIPINO citizens, of legal age, as well as juridical  persons, who are duly qualified by law to exploit and develop devel op wate waterr resour resources, ces, may apply for water permits . (Art. 15, PD No. 1067); Private corporatio corporations ns  includ their includee those wi with th 60% of their capital owned by Filipinos. (IDEALS, Inc. vs. PSALMS)

 IDEALS, Inc. vs PSALMS  PSALMS  (exception to the general rule as provided under the Code re: nationality requirement)  

Th Thee Co Court urt noted noted that that the the Depa Depart rtme ment nt of Just Justic icee has has consistently regarded hydropower generation by foreign entities  as NOT CONSTITUTIONALLY PROSCRIBED  based on the definition of water appropriation under the Water Code;

 

The Court said that that while while the Wat Water er Cod Codee imp impose osess a nationality requirement for the grant of water permits, the same refers to the privilege “to appropriate and use water.” Art Articl iclee 9, PD No. 1067 should should be interp interpret reted ed to mea mean n extraction of water from its natural resource;

 

cease (water) to ONCE REMOVED THEREFROM, THEREFROM, they cease be a part of the natural resources of the country and are the subject of ordinary commerce and may be acquired by foreigners ;

 

Water Code of the Philippines Midterm Reviewer 3  

In case of a contract of lease, the water permit shall be secured secu red by the lessor  and included in the lease as an improv imp roveme ement. nt. The wa water ter so removed from the natural source MAY BE APP APPROP ROPRIA RIATED TED/US /USED ED BY THE FOREIGN CORPORATION leasing the property.

 

Under the Water Code concept of appropriation, a foreign company may not be said to be “appropriating” our natural resources IF IT UTILIZES the water;

 

Natio ional nal Power Power The Court held that since the Nat Corporation  (NPC) remains in control of the operation of  the dam by virtue of water rights granted to it,  there is no le lega gall im impe pedi dime ment nt to fore foreig ignn-ow owne ned d comp compan anie iess undertakin under taking g the gene generati ration on of electric electric power power  using waters wat ers alr alrea eady dy app approp ropria riated ted by NPC NPC,, the holde holderr of the water permit.

So that when an interested party files his protest, the said application may be property evaluated by the Council 20. What is the effect if there is no protest against an application for a water right made known to the public?  



   

The water permit may no longer be questioned  after the gra grante ntee’s e’s rig right ht to the water permit permit has been prop properl erly y adjudi adjudica cated ted and the water permit permit has been been issued issued and re reco cord rded ed af afte terr the the ap appl plic icat atio ion n to the the same same has has been been approved 20. What is the effect of an approval of an application for a water permit? The issuance and recording of a water permit exclusiv usivee right The grantee of the permit now acquires an excl to use the water source, reckoned from the date of the filing of the application.

Exception to the exception: 

21. When is the right to the use of water deemed acquired?  requi quire ress a PUBLIC PUBLIC UTILIT UTILITY Y In cas asee the fa faccili lity ty re franchise,  the the fa faci cili lity ty oper operat ator or MUST  be a Filipino corporation  or at least 60% owned by Filipino.

14. May leased or transfer of water rights be allowed?  

a.

In ca case of approved permit – as of the date of filling of  the application for a water permit;

 b.

Where no permit is required  – as of the date of actual use (Art. 17, PD No. 1067)

YES. It is allowed under the Water Code, subject to the appro app roval val of the Nation National al Wat Water er Resour Resources ces Board Board (NWRB) AFTER DUE NOTICE and HEARING.

C. VIII VIII..

15. Who may be a lessee or transferee of a water right?  

Lessees or transferees of such water rights acquired which are now subject to a lease lease or trans transfer fer MUST COMPLY WITH THE CITIZENSHIP REQUIREMENT imposed by the Water Code and its IRR 

VII.A. Filing of Application

WATER WATER RIGH RIGHTS TS AND AND PERMI PERMITS TS

Waterr Righ Wate Rightt is A Priv Privil ileg egee to App Appro ropr pria iate te and and Use Use Water

22. What is a WATER RIGHT?  

It is the privilege   gran grante ted d by the the gove govern rnme ment nt to appropriate and use water.

23. What is the GENERAL RULE as to water right? 

16. Where can the application for water permit be applied? 

As a ru rule le,, NO PER PERSO SON N, inc nclludi uding gove govern rnme ment nt instru instrumen mental taliti ities es or gov govern ernmen ment-o t-owne wned d or con contro troll lled ed corporatio corpor ations, ns, shall appropriate water without a water

The application shall be filed with the Council

right (Art. 13, PD No. 1067)

17. How will the Council address the application filed? 

24. What evidenced a water right?  a.

It shall make known said application to the public for any protests

consideration in determining whether 18. What are the Council’s consideration to grant or deny the application for water permit?

a.  b. c. d. e. f. g.

Pr Prot otes ests ts fi file led, d, if any; any; Prior permits granted; Th Thee aava vail ilab abil ilit ity y of of wat water er;; The wat water er supp supply ly n need eeded ed fo forr be benef nefici icial al u use; se; Poss Possib ible le ad adve vers rsee ef effe fect cts; s; Land Land-u -use se econ econom omic ics; s; and and Oth Other er rrele elevan vantt fa facto ctors rs (A (Art. rt. 16, PD N No. o. 10 1067) 67)

A water permit 25 25.. What should be done by a person who desires to obtain a water permit?  

FILE AN APPLICATION WITH THE COUNCIL, who in return shall make know the same to the public for any  protests (Art. 16, PD No. 1067)

person appro appropria priate te or use natur natural al bodies without 26. Can a person securing a water permit? If YES, in what manner? 

YES, through the following:  What at is the the pu purp rpos osee of no noti tify fyin ing g the the pu publ blic ic abou aboutt an 19. Wh application applicatio n for a water right?  

26.a. 26.a. Appro Appropr pria iati tion on of wa wate terr by me mean anss of hand hand ca carr rrie ied d receptacles; and

 

Water Code of the Philippines Midterm Reviewer 4 26.b. For any of the followi following: ng:

g.

I. II. II. III. III.

h.

Bathing or washing; Wate Wateri ring ng or dipp dippin ing g of of d dom omes esti ticc o orr far farm m aani nima mals ls;; aand nd Na Navi viga gati tion on o off wa wate terc rcra raft ftss or ttra rans nspo port rtat atio ion n of llog ogss an and d other objects of flotation (Art. 14, PD No. 1067)

27. What are is the limitation in the exercise of a water right?  

IX IX..

A water right shall be exercised in such a manner that the rights of third persons or of other appropriations ARE NOT PREJUDICED thereby. (Art. 24, PD No. 1067) Right of Rig of a Per erm mit itte teee to De Dema mand nd Est Esta abl blis ish hme ment nt of  of  Easements

Can n a wate waterr pe perm rmit itte teee de dema mand nd the the esta establ blis ishm hmen entt of  28. Ca easements?  

A holder of water permit MAY DEMAND necess essar ary y fo forr the ES ESTA TABL BLIS ISHM HMEN ENT T of ea ease seme ment ntss nec cons constr truc ucti tion on an and d ma main inte tena nanc ncee of the the work workss and and facilities needed for the beneficial use  of the waters to be appropriated subject to the requirements and conditions of  the law (Art. 25, PD No. 1067)

Whe When n the ap approp propria riator tor iiss foun found d to be dis disqua qualif lified ied un under der th thee law to exploit and develop natural resources of the country; Wh Wheen, in the the case se,, of of irrigation , the land is converted to non-agricultural non-agricultur al purposes; and Oth Other er ssim imila ilarr grou grounds nds (Art (Art.. 29 29,, P PD DN No. o. 1 1067 067))

i.

unauthorized zed dikes on public public navi navigabl gablee stre streams ams be 33. Can unauthori removed?  

YES. RA No. 2056 (see footnote of the book on page 364 for the title of the law) authorizes the removal of these “public ic nuisa nuisances nces  or as prohi prohibited bited dike dikess eit ithe herr as “publ constructions

investiga stigate te and clea clearr publi publicc stre streams ams 34. Who has the power to inve free from unauthorized encroachments and obstructions?  

The SECRETARY SECRETARY of Publi Publicc Works (and Highways Highways)) as granted by Act No. 3208 and, has been upheld by the Court D.

XI. XI.

UTIL UTILIZAT IZATION, ION, ORDER ORDER OF PREFERE PREFERENCE, NCE, A AND ND CONDITIONS FOR THE USE OF WATERS Orde Or derr an and d Pr Pref efer eren ence ce in th thee Us Usee of Wa Wate ters rs

35. What is the ORDER of PREFERENCE in the use of waters? 29. What are the conditions referred to in No. 28?  a.  b.

Tha Thatt he is tthe he ow owner ner,, les lessee see,, mort mortgag gagee ee,, or one h havi aving ng rea reall right over the land upon which he proposes to use; and That the proposed easement iiss the most convenient and the least onerous to the servient state (Art 25, PD No. 1067)

30. Can easements relating to the appropriation and use of water be modified? 

a.  b. c. d. e. f. g.

Dome Domest stic ic and and m muni unici cipa pall u use se;; Irrigation; Po Powe werr g gen eneera rattion; ion; Fisheries; Live ivest stoc ock k ra raiisi sing ng;; Indu Indusstr triial use use; and and Ot Othe herr us uses es (Art (Art.. 95 95,, PD No. No. 10 1067 67))

36. When can this order of preference be effected?  YE YES, S, it may may be mod modif ifie ied d by AGREEMENT  of th thee cont ontra ract ctiing part rtiies  provided   the same IS NOT CONTR CON TRARY ARY TO LAW or PRE PREJUD JUDICI ICIAL AL to THI THIRD RD PERSONS

a.

XII. X.

37. What are the considerations as to the utilization of waters?   Preference Prefe rence in the developm development ent of wate waterr resources resources shall consider the:

YES, wat YES, water er permi permits ts MAY BE revoke revoked d AFT AFTER ER DUE  NOTICE and HEARING 32. What are the GROUNDS for the REVOCATION of WATER  PERMITS?   The GROUNDS are the following: fo llowing:

c. d. e. f.

Uti tillization of Waters

Revocation of of Wa Water Pe Permits

31. Can water permits be revoked? If YES, how?  

a.  b.

When priority in time of appropriation   from a certain source of supply cannot be determined

Non-use; GROSS VIOLATION of the conditions imposed in the  permit; UN UNAU AUTH THOR ORIZ IZED ED SA SALE LE of wa wate ter; r; WILL WILLFU FUL L FAIL FAILUR URE E or RE REFU FUSA SAL L to co comp mply ly wit with h rule ruless and regulations to any lawful order; Pollution; Pub Public lic n nuis uisanc ancee or ac acts ts DE DETR TRIME IMENTA NTAL L to pu publi blicc he healt alth h and safety;

a.  b. c. d. e.

Secu Securi rity ty of the the S Sta tate te;; Multiple use; Bene Benefi fici cial al ef effe fect cts; s; Adve Advers rsee eff effec ects ts;; and and Cos Costs ts o off de devel velopm opment ent (Ar (Art. t. 31, PD N No. o. 1 1067) 067)

38. What shall be coordinated in the utilization of subterranean or ground water?  The utilization of subterranean or ground water shall be coordinated with that of surface waters such as: a.  b. c. d.

Rivers; Streams; Springs; and Lakes

 

Water Code of the Philippines Midterm Reviewer 5 c.

So that a superior right  in one NOT ADVE ADVERSE RSELY LY AFFECT affected by an inferior right in the other (Art. 32, PD No. 1067)

Unle Unless ss o oth ther erwi wise se o ord rder ered ed b by y th thee President, and only in time of national calamity or emergency , no person shall induce or restrain rainfall  by any method such as cloud   seeding without a permit from the proper government  agency;; agency

d.

 Note: There is something something off with how the words in this provision provision are stated. I have checked the entire provision and the words were placed as is. Let us just wait for the discussion of Atty. Tape as to this.

No pe person shall raise or lower the water level of a river, nor dra drain in in the sam samee  stream, lake, lagoon, lagoon,   or marsh marsh   no without a permit;

e.

Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural bodies of water, or such other other wat water er cou course rse as may be app approv roved ed by the prope proper  r  government agency;

f.

When artificial means are employed to drain water from higher to lower land, the owner of the higher land   shall select the routes and methods of drainage  that will cause the minimum damage to the lower lands , subject to the requirements of just compensation compensation;

g.

When the use, conveyance  or storage of waters results in the damage to another, the perso person n responsible for the damage shall pay compensation; compensation;

h.

Any p pers erson on ha havin ving g an eease aseme ment nt fo forr an aaque queduc ductt may enter

39. What is the reason for the coordination mentioned in No. 38 of this reviewer?  

40. What is the required action of the Council in relation to what is mentioned in No. 38 of this reviewer?  

For this purpose (those mentioned in No. 38), the Council declare are the sha shall ll pro promul mulgat gatee rul rules es and regula regulatio tions ns and decl existenc exis tencee of control control areas for the COORDINAT COORDINATED ED dev devel elo opmen pment, t, pro protec tection tion,, an and d ut util iliizati zatio on of  subterranean or ground water or surface waters.

41. What is CONTROL AREA?  It is an area of land where subterranean or ground water are and surface water are so interrelated that withdrawal and use in one similarly affects the other

upo upon n ing the or servi se rvient land land   fo for r the pu purp e ofrem cleaning, repair repairing replac repent lacing ing the aque aqueduc duct t rpos orose the remova ovall of  obstruction therefrom; therefrom;

42. Can the boundary of a control area be altered?  YES, from time to time, as circumstances warrant. i. 43. Can a person who is not an owner used water contained in open canals, aqueducts or reservoirs of private persons?   YES. ANY PERSON may use these waters for: a. domestic purpose; or  b. for watering plants   Provided::  The  Provided withdrawn rawn by MANUAL MANUAL METHODS METHODS The wa wate terr is withd WITHOUT checking the stream or damaging the canal, aqueduct or  reservoir 

Exception:  He provides an alternative method of drainage … neithe neitherr can can the owner of the highe higherr est estate ate  make works which will increase this natural flow.  j. The banks of the rivers and streams and the shores of the

seas and lakes throughout their entire length and within a zone one of 3 meter ters in ur urb ban area reas , 20 mete meters rs in agriculturall areas, and 40 meters in forest areas , along agricultura their margins are subject to the easement of public use in the interest of recreatio recreation, n, navigation navigation,, floatage, fishing and salvage.

44. Can an owner restrict the usage, those mentioned in No. 43? If yes, when?  

YES, this right MAY BE restricted by the owner SHOULD IT RESULT in loss or injury to him

XIII. XIII.

Prohib Pro hibiti itions ons and Con Condit dition ionss for Use of Wa Water terss

 No person shall be allowed to stay in this zone longer than recreation, on, navigation, floatage, what what is nece necess ssar ary y fo forr recreati fishing or salvage or to build structures of any kind.

45. What are the PROHIBITIONS and CONDITIONS imposed for the use of water?  a.

 b.

Lo Lowe werr es esta tate tess ar aree OB OBLI LIGE GED D to RE RECE CEIV IVE E TH THE E WATERS which naturally and without the intervention of  man flow from the higher estate, as well as the stone or  earth which they carry with them. The  owner of the lower estate cannot construct works which will impede this natural flow 

No excavation excavation for the purpose of emission of a hot spring or for the enlargement of the existing opening thereof shall be made without prior permit. Any person or agency who intends to develop a hot spring for human consumption must first obtain a permit from the DOH ; No pers person on  sha shall ll devel develop op a stream stream,, lake lake or spr spring ing for  recreational purposes  without first securing  a permit from the Council;

XIV.

Easements

46. What is easement?  

It is an encumbrance imposed upon an immovable for the  benefit of another immovable belonging to a different owner 

XIV.A. Lega XIV.A. Legall Ease Easements ments Relating Relating to Wate Waters rs Under the Civi Civill Code

 

Water Code of the Philippines Midterm Reviewer 6 47. What are the provisions of the Civil Code on legal easements relating to waters? a.  b. c. d. e. f. g.

Nat Natura urall d drai rainag nagee of of land landss (Art (Art.. 637) 637);; Natural drainage of buildings (Art. 674); Ea Ease seme ment ntss on ri ripa pari rian an bank bankss for navi naviga gati tion on,, floa floata tage ge,, fishing and salvage (Art. 638); Ea Ease seme ment nt o off a da dam m (A (Art rts. s. 6 639 39,, 64 647); 7); Eas Easeme ement nt for d draw rawing ing w wate aterr or for wa water tering ing aanim nimal alss (Art (Art.. 640, 641); Ea Ease seme ment nt o off aq aque uedu duct ct ((Ar Arts ts.. 643 643-6 -646 46); ); Eas Easeme ement nt for tthe he con constr struct uction ion of a st stop op loc lock k or slui sluice ce ga gate te (Art. 647)

XIV.B. Lower Estates Have the Obligation to Receive the Water Which Naturally Flow from the Higher Estates

48. What is the rule on lower estates owner as to receiving waters from the higher estate as provided in the Water Code?  

Lowerr estate estatess are “A “Art rt.. 50. 50. Lowe are OBLIGED TO RECEIVE THE WATERS whic which h natur naturally ally and without intervention of man  man  FLOW FROM THE HIGHER ESTATE , as well as the stone or earth which they carry with them.

The Court rejected the contention of Remman and held that even assuming that the heavy rains constituted an act of God, by reason REMMAN’s negligence, the fort fortuit uitous ous even became humanized, rendering it liable for the ensuing damages. The Court further ruled that REMMAN’s property was practically made made a catc catch-bas h-basin in of poll polluted uted wate waterr and noxi noxious ous subst substance ancess damage occasioned occasioned thereby emptyi emp tying ng fro from m its pigge piggery, ry, and any damage compensation entitles the owner of the lower or servient estate to compensation Vergara vs Sonkin (application of the rules under Nos. 48 and 49) In ruling ruling against Sonkin  the Court held held that while the proximate cause of the damage sustained by the house of Sonkin  was the act of Ver Vergar garaa in dum dumpin ping g gra gravel vel and soil soil ont onto o their their pro proper perty, ty, thus  pushing the perimeter wall back and causing cracks thereon, as well the fo form rmer er is neve nevert rthe hele less ss GUIT GUITY Y OF as wa wate terr se seep epaage, ge, the CONTRIBUTORY NEGLIGENCE  FOR NOT ONLY FAILING TO OBSERV OBSERVE E A 2-M 2-METE ETER R SET SETBAC BACK K RUL RULE E unde underr Nat Nation ional al Bu Buil ildi ding ng Co Code de,, but but als also o for  disr disregar egarding ding the lega legall ease easemen mentt constituted over their property . As such, Sonkin must necessarily and equally bear his own loss. NOTE: For further details of the 2 cases refer to pages 368-370 of  the book. XIV.C. Easement of Public Use

The of the estates   owner  CANNOT WORKS WOR KS WHI WHICH CHlower WIL WILL L IMP IMPEDE EDE THI THIS SCONSTRUCT NAT NATURA URAL L unless he provides for an alternative method of  FLOW, drainage;  neither can the owner of the higher estate make works which will increase this natural flow.”

52. What are the rules as to easements of public use for banks of  rivers and streams?  Article 51 of PD No. 1067 subjects the banks of rivers and streams to easements of public use.

49. What is the rule on lower estates owner as to receiving waters from the higher estate as provided in the Civil Code?  

it provides that the banks of rivers and streams and the shores of the seas and lakes throughout their entire length, along their margins, and within a zone of – 

“Art. 637. Lower estates are obliged to receive the waters which naturally naturally and with without out intervent intervention ion of man descend from the higher estates , as well as the stones or earth which they carry with them.

a.  b. c.

Th Thee owner of the lower estate cannot construct works which will impede this easement; neither can the owner of 

are subject to the easement of public use in the interest of: 

higher er estate estate make works  which will increase the the high  burden.”

I. II. III. IV. V.

50. What is being imposed from the two provisions mentioned in Nos. 48 and 49?  natural al easement easement The aforeci aforecited ted provi provisio sions ns imp impose ose a natur upon the lower estate to receive the waters naturally and without without the interv intervent ention ion of man des desce cend nd fro from m higher  higher  estates

Recreation; Navigation; Floatage; Fishing; and Salvage

It is prohibited for any person to stay longer than what is necessary as stated above , or to build structures of any kind 

51. What is the rule if the waters flowing from the higher estates are collected artificially?   Where the waters which flow from a higher estate are those reservoirss or man-made which are artificially collected in reservoir

3m met eter erss in in urb urban an ar area eas; s; 20 meters in agri agricultural cultural areas; and 40 m met eter erss iin n fo fore rest st ar area eass

E. XV.

CO CONT NTRO ROL L OF WA WATE TERS RS

Flood Co Control Ar Areas

lagoons , an entitles les the any y dama damage ge occa occasi sione oned d ther thereb eby y entit owner of the lower or servient estate to compensation

XV.A. Prohibition Against Activities That Obstruct the Flow of  Water, Etc.

 Remman Enterprises vs Court of Appeals  (exception to the rules under Nos. 48 and 49)

Who o is ta task sked ed to prom promot otee the the best best inte intere rest st an and d the the 53. Wh coordinated protection protection of flood plain lands? How?

 

Water Code of the Philippines Midterm Reviewer 7  

Resources Reso urces (DENR (DENR)) (see details in pages 371-372  of the  book)

The SECRETARY of the Department of Public Works and Highways (DPWH), may do the following:  

XV.D. River Beds May Not Be Cultivated

a.  b.

Declare flood control areas; and guidelin elines es for governi governing ng flood flood plai plain n Promulgate guid management plans in these areas

In declared flood control areas , rules and regulations may  be promulgated to prohibit or control activities that cause the following:

57. Can river beds be cultivated?  General rule: NO, river beds, sand bars and tidal flats may not be cultivated Exception:  Upon prior permission from the Secretary, DPWH Exception to the exception: 

a. Dam Damage age o orr cau cause se deter deterior iorati ation on of la lakes kes aand nd dik dikes; es;  b. Obstruct the flow of water; water; c. Ch Chan ange ge tthe he n nat atur ural al fflo low w of tthe he ri rive ver; r; d. Inc Incre reas asee fl floo ood d llos osse ses; s; or  e. Ag Aggr grav avat atee floo flood d pr prob oble lems ms 54. What measures are required from the government regarding to flood control areas?

Permission shall not be granted   where such cultivation obstructs the flow of water or increase flood levels so as to cause damage to other areas. XV.E. Erection of Levees

58. When can a person erect a levee?  

The government may const construct ruct necessa necessary ry flood control struct structure uress in decla declared red flood con contro troll areas areas,, and for this purpose it shall have a legal easement as wide  as may be needed along and adjacent to the river bank and outside of  the bed or channel of the river 

XV.B. Rivers or lakes may be declared navigable

55. May rivers or lakes be declared navigable waters? If yes, who declares?  

Unde Underr Article 59 of the Water Code , rivers, lakes and upon on th thee reco recomm mmen enda dati tion on of th thee lagoons may, up PHILIPPI PHIL IPPINE NE COAST GUARD, be decla declared red navigable either in whole or in part

 

XV.F. Change of Course of Rivers  (related to Property Laws)

59. What are the rules provided as to the sudden change of course of rivers that traverse private lands?  a.

The o owne wners rs of tthe he land land ma may y not ccomp ompel el the the go gover vernme nment nt to restore the river to its former bed;

 b.

They cannot as well restrain the government from taking steps to revert the river or stream to its former course;

c.

Th Thee owne owners rs of the la land nd thu thuss affe affect cted ed are are not ent entit itle led d to compensation for any damage sustained thereby.

d.

Howe Howeve ver, r, th thee former former ow owne ners rs of the ne new w bed sha shall ll be th thee

 Lovina vs Moreno

The Court upheld the power of the Public Works Secretary under RA No. 2056 to declare as a public navigable stream any alleged depressions or bodies of water even inside titled properties. In sustaining, sustaining, the Court ruled that such fact-finding power on his part was merely merely incident incidental al to his duty to clear all navigabl navigablee streams stre ams of unaut unauthori horized zed obstr obstructio uctions, ns,  hen hence ce,, its gran grantt did not constitute an unlawful delegation of judicial power.

Any person may erect levees  or revetments to protect his property from (1) flood, (2) encroachment by the river or  (3) change in the course of the river, provided that such constructions does not cause damage to the property of  another.

owners of the abandoned abandoned bed in proportion to the area lost by each;

Note: Read other details of the case in page 371 of the book.

Th Thee ow owne ners rs o off the the af affe fect cted ed lan lands ds may undertake to return the river or stream to its old bed at their own expense UPON UPON A PERM PERMIT IT FI FIRS RST T SECU SECURE RED D FROM FROM TH THE E must st be DPW DPWH, but but the work work pert pertaaini ining there hereto to mu comme com mence nced d within within 2 YEA YEARS RS from from the chang changee in the course of the river or stream. XV.G. Reservoirs

XV.C. Pasig River Rehabilitation Commission Commission (PRRC)

60. May a water of a stream be stored in a reservoir?

And although the title was silent as to the existence of any stream, it  being of a public nature and not subject to to private appropriation, even  by prescription.

56. What is PRRC?  PRRC PRR C is the lead agency agency in the imple implemen menta tatio tion n of the  project in the dredging and rehabilitation work of the Pasig River. The Pasig River Dredging and Rehabilitation Work  was cre create ated d on Mar March ch 28, 2008 throug through h Presid President ential ial Issuance EO No. 717. It is a Presidential priority project unde underr the the De Depa part rtme ment nt of En Envi viro ronm nmen entt an and d Na Natu tura rall

e.

 

YES. Waters of a stream may be stored in a reservoir by a permittee in such amount as will not prejudice the right of any permittee downstream oper erat ates es the res Whoe Wh oeve verr op reserv ervoir oir shall shall,, whe when n requir required ed, release water for minimum stream flow .

XV.H. Drilling for Subterranean or Ground Water

 

Water Code of the Philippines Midterm Reviewer 8 61. Is drilling subterranean or ground water allowed?   YES. Upon the approval of the Council .

 b.

The conservation of fish and wildlife  shall receive proper  consideration and shall be coordinated with other features of water resources development programs to ensure that fish and wildlife values receive equal attention with other   project purposes; 

c.

Swamps and marshes which are owned by the State  and which primary value for waterfowl propagation or other  wildli wildlife fe pur purpos poses es may be reserv reserved ed and pro prote tecte cted d fro from m drainage operation and development;

d.

without ut prio priorr perm permissi ission on  fro No person shall, witho from m the Environmental Management Bureau  (EMB), build any may y prod produc ucee da dang nger erou ouss or no noxi xiou ouss works that ma substances or perform any act which may result in the (1) introducti intro duction on of sewag sewage, e, (2) indust industrial rial waste waste,, or (3) any  pollutant into any source source of water supply;

e.

The The esta establ blis ishm hmen entt of cemeteries  and waste disposal areas may effect the source of a water supply  or a reservoir for  domestic or municipal use shall be subject to the rules and regulations promulgated by the Department of Health;

f.

Tailings from mining operati Tailings operations ons and sediments from placer plac er mini mining ng  shal shalll not not be dump dumped ed into into ri rive vers rs and and

This applies to the: a.  b. c. d.

I. II.

Manner; Location; Depth; and Spa Spacin cing g in wh which ich b bori orings ngs ffor or su subte bterra rranea nean n or gr ground ound water may be: Made; Determ rmiine t h hee requirements for the registration of  every boring; or Al Alte tera rati tion on tto o ex exis isti ting ng b bor orin ings gs aass we well ll as as ot othe herr cont contro roll measur mea sures es for the exp exploi loitat tation ion of subt subterr errane anean an or  ground water resources

III. III.

62. Can anybody just drill a well?  

 NO, without the prior permission from the Council

XV.I. Easement of aqueduct

63. What is the rule on easement of aqueduct?  

Any person person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates , with the obligation   to inde indemnify mnify their their owners owners, as wel welll as the owners owne rs of the lower lower estates estates upon which the waters may filter or descend.

XVI.

Conservation and Protection of Waters Watersheds and Related Land Resources

and

64. What is the purpose of the National Water Resources Board for establishing minimum water levels?  Only Only when when may be nece necess ssar ary, y, aft after er due notice notice and hearing,  for the following purposes: a.  b. c. d. e.

Th Thee pro prote tect ctio ion n of th thee en envi viro ronm nmen ent; t; Control of pollution; Navigation; Prev Preven enti tion on o off sa salt lt d dam amag age; e; aand nd Ge Gene nera rall p pub ubllic use use

65 65.. What are the different conservation measures that may be established by the NWRB? a.

Any wa water tershe shed d or any ar area ea of lland and aadja djace cent nt to an any y surf surface ace water or overlying any ground may be declared by the DENR  as  as protected area. promulga ulgate te rules rules and regu regulati lations ons to Th Thee DEN DENR R may prom prohibit  or control  such such activi activiti ties es by the owner ownerss or 

occupants occup ants thereof within the protected protected area which may damage or cause the deterioration of the surface water or  ground water or interfere with the (1) investigation, (2) use, (3 (3)) co cont ntro rol, l, (4 (4)) pr prot otec ecti tion on,, (5) (5) ma mana nage geme ment nt or (6) (6) administration of such waters;

permission wat waterw erways ays without prior the Council recommendation by the EMB .   from the upon XVI.A. Watersheds may be declared a protected area

66. What is a watershed?  The Court defined watershed as “an area drained by a river  and its tributaries and enclosed by a boundary or divide which separates separates it from adjac adjacent ent watershe watersheds.” ds.” (Sta. Rosa Realty Development Corporation vs. Court of Appeals)  Sta. Rosa Realty D Development evelopment Corporatio Corporation n vs Court o off Appeals

The Court also recognized that: “The definition (watershed) does not exactly depict the complexities of a watershed. The most important product of a watershed is a WATER   which is one of the most important human necessities necessities..

The protection of watershed ensures an adequate supply of water for future generations and the control of flashfloods that not only damage property but also cause loss of lives. Protec Protectio tion n of wat waters ershed hedss is an “intergenerational”  responsibility that needs to be answered now. Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generation. The Court held that the disputed parcels of land in Sta. Rosa Realty form a vital part of an area that need to be protected for watershed  purposes. Article 67 of the Water Code   provid provides es that any wate watershed rshed or any area of land adjacent to any surface water or overlying any ground water may be declared by the DENR as protected area.

 

Water Code of the Philippines Midterm Reviewer 9 The law directs the DENR to promulgate rules and regulations to  prohibit or control any activities by the owners or occupants within the protected area which may damage or cause the deterioration of  the surface water or ground water or interfere with the investigation, use, control, protection, protection, mana managemen gementt or admi administr nistration ation of such waters.

I. II. II III. I.  b.

XVI.B. Wat XVI.B. Water ershe shed d res reserv ervati ation on not sub subjec jectt to occ occupa upancy ncy or alienation Collado vs Court of Appeals

Wit ith h tthe he form formul ulat atiion and deve devellopm opmen entt o off pol poliici ciees o on n water utilization and appropriation; The control a n nd d supervision of wa watter uti utilities a nd nd franchises; and The The re regu gula lati tion on aand nd rrat atio iona nali liza zati tion on o off wa wate terr ra rate tes. s. As a regulatory and executory agency, it:

I.

Coordinates and integrates water resources development activities, and Gran Grants ts,, de dete term rmin ines es and and aadj djud udic icat ates es wa wate terr ri righ ghts ts;; Responsible for for formulating fr fraamework plans for  water supply, and promulgating rules and regulations for the exploitation and optimum utilization of water  re reso sour urce ces, s, incl includi uding ng the the im impo posi siti tion on on wa wate ter  r  appropr app ropriat iators ors of such such fe fees es or charge chargess as may be deemed necessary for water resources development; The The ad admi mini nist stra rati tion on aand nd eenf nfor orce ceme ment nt o off th thee prov provis isio ions ns of the Water Code; The imposition of penalties for administrative violations of the Water Code

II II.. III.

The case reiterates the principle that a watershed reservation is not susceptible of occupancy, disposition, conveyance or alienation. For Forest est lan lands ds and wat waters ershed hedss are exc exclud luded ed from from aliena alienatio tion n and disposition – a positive act of the executive department is needed to declassi decl assify fy land which had been earlie earlierr clas classifie sified d as a wate watershed rshed reserv reservati ation on and con conver vertt it into into ali aliena enable ble or dispos disposabl ablee lan land d for  agricultural or other purposes. Unless and unt Unless until il the land land is class classifi ified ed as suc such h is released in an official proclamation so that it may form part of the disposable agriculturall lands of the public domain , the rules on imperfect title agricultura do not apply.

One a parcelbyofexecutive land is included within aa presumption watershed reservation duly established proclamation,  arises that the clearr and la land nd co cont ntin inue uess to be part part of su such ch rese reserv rvat atio ion n unti untill clea convincing evidence of subsequent declassification is shown.

IV IV.. V.

Exceptio Exc eption: n: Those functions not given to NWRB – those functions whic which h ar aree spec specif ific ical ally ly co conf nfer erre red d upon upon othe otherr ag agen enci cies es of the the go gove vern rnme ment nt,, it is empo empowe were red d to make make al alll deci decisi sion onss an and d determinations provided for in the Code.

68. May the Board deputize any official to perform those above enumerated functions?  

YES. YES. It ma may y depu deputi tize ze an any y off offic icia iall or ag agen ency cy of the the government govern ment to perfor perform m any of its specifi specificc funct functions ions or  activities

A settler claiming the protection of “private rights” to exclude his land from a mili military tary,, fores forestt or watershe watershed d reser reservati vation on must show by clear and convincing evidence  that the property in question was acquired by any means for the acquisition of public lands.

XVII.A. Authority to Enter Upon Private Lands

XVI.C. A tim XVI.C. timber ber lic licens ensee cov coveri ering ng a wat water ershe shed d are area a may be withdrawn in the public interest

69. Is the Board empowered to enter private lands to enforce the Code?

Tan vs Director of Forestry

 

It is of public knowl knowledge edge that water watersheds sheds serve as defense against soil erosion and guarantee the steady supply of water.

a.  b.

As a matt matter er of gener general al policy, the Const Constitut itution ion expre expressly ssly mandate mandatess the conservation and proper utilization of natural resources, which include the country’s watersheds. A timber license is an instrument by which the State regulates the utilization and disposition of forest resources, including watershed areas, to the end that public welfare is promoted F.

The National National Water Water Resour Resources ces Board Board

XVII XVII..

Powe Po wers rs an and d Fun Funct ctio ions ns

67. What are the powers and functions of the NWRB?  a.

coordinating ng and regulating agency for all water  The chief coordinati resources resou rces mana managemen gementt devel developmen opmentt acti activiti vities es which is tasked:

YES. Together with other agencies authorized to enforce the Code are empowered to enter upon private lands, with the following requirements:

c.

With previous notice to the owner; For the purpose of conducting surveys and hydrologic investigations; and To perform  such such ot othe herr acts acts as are nece necessary ssary in carrying out  their functions including the power to exercise the right of eminent domain

XVII.B. Jurisdiction of the Board Over Water Disputes

70. What does Article 88 speaks of?  

The limited jurisdiction conferred upon the board over  ALL DISPUT DISPUTES ES  re rela lati ting ng to (1 (1)) ap appr prop opri riat atio ion, n, (2 (2)) util utilizat ization, ion, (3) explo exploitat itation, ion, (4) devel development opment,, (5) contr control, ol, (6) conservation, and (7) protection of waters The said jurisdiction does not extend to, much less cover, conflicting conflicti ng right rightss over real propertie properties, s, juris jurisdict diction ion over  which is vested by law with the regular courts.

 

Water Code of the Philippines Midterm Reviewer 10 Article 88 of PD No. 1067 provides:

a.

 b.

c. d.

The Bo Board ard sh shal alll have ori origin ginal al jur jurisd isdict iction ion ove overr all dis disput putes es re rela lati ting ng to ap appr propr opria iati tion on,, util utiliz izat atio ion, n, ex expl ploi oita tati tion on,, devel dev elopm opment ent,, con contro trol, l, con conser servat vation ion and prot protec ectio tion n of  waters within the meaning and context of the provisions of  the Code; Decisions of the Board on water rights controversies shall  be immediately executory  and the enforc enforcemen ementt there thereof  of  may be suspended only when a bond   , in a amount fixed by damages ges occasione occasioned d by the the the Bo Boar ard d to ans answe werr fo forr dama suspension or stay of execution, shall have been filed by the appealing party, unless the suspension is by a virtue of an order of a competent court; ALL DISPUTES shall be decided within 60 days  after the  parties submit the same for decision resolution; shalll ha have ve the the po powe werr to issu issuee writ writss of  The B Bo oard shal execution and enforce  it decisions with the assistance of  local or national police p olice agencies.

Tanjay Water District vs Gabaton

The controversy is whether it is the municipal circuit trial court or  the National National Water Resour Resources ces Board which has  jurisdiction over  respondent’s complaint for damages based upon a quasi-delict. Petitioner moved to dismiss the complaint, arguing that the case was cognizable by the Board, the real issue being one of ownership,  possession of the land wh where ere the ditches are located, and real rights involving the use of ditches. The court denied the motion. Petitioner brought the case to the SC, insisting that the Board has  jurisdiction, citing the cases of Abe-Abe vs Manta and Tanjay Water  District vs Gabaton. The Court rejected petitioner’s contention explaining: confirmation In Abe-Abe vs Manta, the petitioners sough a  judicial confirmation of their prior vested right under Article 504 of the Civil Code to use waterr of Anibun wate Anibungan gan Albay and Tajo Tajong ng Creeks to irrig irrigate ate their rice lands upstream. They also wanted to enjoin the private respondent from using the water of the creeks at night to irrigate his Riceland located downstream.

action on for The Court Court held that sin since ce Civi Civill Case No. 8144 – an acti injunction with preliminary mandatory injunction and damages against respondent Municipality of Pamplona  and its officials to  prevent them from interfering in the management of the Tanjay

In Tanjay Water District vs Gabaton, the court was asked to prevent the Municipality of Pamplona from interfering with the management of the Tanjay Waterworks System.

Waterworks System involves utilization and control contr ol of wate water, r, the  –juris jurisdict diction ionthe to appropriation, hear and deci decide de the dispu dispute te  pertains to the National Water Resources (Council) Board as  provided in PD No. 1067 which is the special llaw aw on the subject

It wasBheld thatwer jurisdiction pertained to the NWRB NWR as in theBOTH iss issues uesCASES invol involved ved were e the APP APPROP ROPRIA RIATIO TION, N, UTILIZATION AND CONTROL of water.

XVII.C. Regu XVII.C. Regular lar Courts Have Jurisdictio Jurisdiction n Wher Wheree the Issue Involves the Enjoyment of an Existing Right to Use Water

71. Whose got the jurisdiction over a dispute on right to water use?  

Where the case does not involve the settlement of a water  right dispute, but the enjoyment of a right to water use for which a permit was already granted, the regular court has jurisdiction over the dispute , not the National Water  Resources Board

it was held that where the main cause of action in the court a quo is on onee for for annulment of title  and reversion to the government of a 12,570 sqm lot covering the Marungko Water Reservoir alleged to have been illegally and erroneously titled in the name of petitioners, it is said court which has jurisdict jurisdiction ion over the acti action on and not the  Board. The suit clearly involves title to, and possession of, real property, exclusive ORIGINAL JURISDICTION over which is conferred upon the RTC. Similarly, where the issue is whether or not the construction of the dike obstructed the natural water recourse or the free flow of  water  from petitioner’s higher estate to intervenor’s lower estate. Thereby causing injury to petitioner’s rights and impairing the use and enj enjoym oyment ent of his fishpo fishpond, nd, said said issue issue nec necess essita itates tes resort resort to  judicial intervention. intervention. Bulao vs Court of Appeals

But these cases have no applications to the instant controversy. It is clearr from a readi clea reading ng of the private responden respondent’s t’s complai complaint nt in Civil Case Case 70 that it is an action for damages predicated on a quasidelict. It has been held that the trial court has full authority to issue such ord order er or orde orders rs as may becom becomee necess necessary ary to pro protec tectt adequa adequatel tely y subdivisio subdi vision n resi residents dents from disrup disruption tion of wate waterr servi service ce within the subdivision, attributable to the failure of MPHAI, as owner of the  pipelines and waterworks system, and Edgardo Salandanan, as the lessee thereof, to comply with any of their respective contractual obligations during the pendency of the action for rescission of the lease contract. XVII.D. Rule of Exhaustion of Administrative Remedies Abe-Abe vs Manta

The Cou Court rt held held that that that that petiti petitione oners’ rs’ imm immedi ediate ate rec recours oursee is to vent ventil ilat atee thei theirr grie grieva vanc ncee fi firs rstt wi with th the the Bo Boar ard d whic which h is the the administrative agency exclusively vested with original jurisdiction to settle water rights disputes under the Water Code, consistent with the rule on exhaustion of administrative remedie remediess Metro Iloilo Water District vs Court of Appeals

The Court held held that that since since the petit petition ionss foc focus us on the viola violatio tions ns incu incurr rred ed by priv privat atee re resp spon onde dent ntss by virt virtue ue of thei theirr al alle lege ged d unauthoriz unaut horized ed extra extractio ction n and with withdrawa drawall of ground water withi within n  petitioner’s service area, vis-à-vis petitioner’s vested rights as a water district, it is at once obvious that the petitions raise a judicial question, hence, the rule on exhaustion of administrative remedies does not apply.

 

Water Code of the Philippines Midterm Reviewer 11 Note: Read the other details of the case in page 381-382 in the book  XVII.E. Decisions of the Board Should Be Taken to the Court of  Appeals

Since the Court of Appeals has exclusive appellate jurisdiction over  quasi-judicial agencies under Rule 43 of the Rules of Court, petitions for writs of certiorari, prohibition or mandamus against the acts and omissi omi ssions ons of qua quasisi-jud judic icial ial agenci agencies es,, like like the Nat Nation ional al Wat Water  er  Resources Board, should be filed with it. G.

PEN PENALT ALTIES IES AND REPEAL REPEALED ED LAWS LAWS

XVIII. For acts penalized, read Articles 90-91 of the Water Code XIX. For repealed laws, read pages 382-383 of the book  H.

WA WATE TER R DIS DISTR TRIC ICTS TS

XX. Creation of water districts What at di dire rect ctiv ives es ar aree pr prov ovid ided ed un unde derr PD No No.. 19 198, 8, the the 72. Wh “Provincial Water Utilities Act of 1973? (effective May 25, 1973 –  “Provincial as amended by PD No. 768 and PD No. 1479 effective June 11, 1978)  

Authori Aut horizes zes the for format mation ion,, lay layss dow down n the pow powers ers and fun functi ctions ons,, and gove governs rns the ope operat ration ion of wat water er distri district ctss throughout the country; The Provincial Water Utilities Act of 1973 is the source of  authorization and power to form and maintain a water district.

 

Once formed formed a district is subject to its provisions and is not under the jurisdiction of any political subdivision.

NOTE: SEE ABOUT LWUA in pages 386-988