water code report

7/30/2019 Water Code Report

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FINES AND PENALTIES IMPOSED FOR VIOLATIONS OF THE WATER CODE(P.D. 1067)

The following crimes are punishable by revocation of the waterpermit, or any other rights to use the water in question, and/or a fine of upto Php 1,000.00, or all 3 penalties at the discretion of the Water

Resources Council (Sec. 90, P.D. 1067)

a) If the landowner appropriates subterranean or surface water for domesticuse without registering it with the Water Resources Council.

b) Non-observance of any standard of beneficial use of water.c) Failure of the appropriator to keep a record of water withdrawal, if he's

requiredd) Failure to comply with the terms and conditions of the water permit or

water rights grant.e) Unauthorized use of water (Use that is not specified in the permit).f) Construction/repair of hydraulic works or structures without duly approved

plans and specs, if required.g) Failure to install regulating or measuring devices to control the

appropriated water, if requiredh) Unauthorized sale, transfer or lease of water or water rights.i) Failure to provide adequate facilities to prevent/ control diseases when

required by the Water Resources Council in the construction of any workfor the storage, diversion, distribution and use of the water.

j) Drilling a well without the Water Resources Council's permission.k) Use of an existing well, ponding or spreading of water to recharge

subterranean or ground water supplies without the Water ResourcesCouncil's permission.

l) Violation or noncompliance of the Water Resources Council's orders, rulesand regulations.

m) Illegal taking or diversion of water from an open canal, aqueduct orreservoir.

n) Malicious destruction of hydraulic works/structures worth Php 5,000.00and below.

The following crimes are punishable by a fine of up to Php 3,000.00and/or imprisonment of up to 3 years, this time, upon the courtsdiscretion (Sec. 91 A, P.D. 1067)

a) Appropriating water without a permit, unless you're one of thoseexempted from applying under the Water Code.

b) Unauthorized obstruction of an irrigation canal.c) Cultivation of a riverbed, sandbar or tidal flat without permission.d) Malicious destruction of hydraulic works/construction worth Php 25,000.00

and below.

*The above crimes will prescribe in 5 years.


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The following crimes are punishable by a fine of over Php 3,000.00 toPhp 6,000.00 and/or imprisonment of 3 up to 6 years upon the court'sdiscretion (Sec. 91 B, P.D. 1067)

a) Distributing water with adverse effects on the public's health and safetyfor public consumption.

b) Excavating a hot spring, or widening the opening of one, withoutpermission.

c) Unauthorized obstruction of a river or waterway, or occupying a riverbankor seashore without permission.

d) Establishing a cemetery or waste disposal area near a source of watersupply or reservoir for domestic/municipal use without permission.

e) Constructing works that produce dangerous/noxious substances orperforming acts that lead to the introduction of sewage, industrial wasteor any substance that pollutes a water supply without the permission ofthe government agency concerned.

f) Dumping mine tailings and sediments into rivers or waterways withoutpermission.

g) Malicious destruction of hydraulic works/structures worth between Php25,000.00 and Php 100,000.00.

*The above crimes prescribe in 7 years.

The court, at its discretion, may impose a fine of between Php 6,000.00and Php 10,000.00 and/or imprisonment of 6 to 12 years for thefollowing crimes (Sec. 91 C, P.D. 1067)

a) Misrepresentation of citizenship in order to qualify for a water permit.b) Malicious destruction of hydraulic works/structure worth more than Php

100,000.00.

*The above crimes prescribe in 10 years.

Violations by Juridical Persons

If the crime was committed by a corporation or other juridical person, thepenalty will be imposed on its president, general manager and other officers of thecorporation, guilty of the act. The prosecuting attorney can also ask for thesuspension or dissolution of the corporation in question in the same proceedings. Ifthe offender is a foreigner, he will be deported without proceedings after he servessentence. (Sec. 92 P.D. 1067)


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IMPLEMENTING RULES AND REGULATIONS

Classification of Offenses

Light Offenses A fine of not more than Five Hundred (P500.00) Pesosper day of violation and/or suspension of the permit/grant for a period of notmore than sixty (60) days shall be imposed for any of the following violations(Sec. 80, Rule V, Implementing Rules and Regulations

a) Appropriation of subterranean or groundwater for domestic use by anoverlying landowner without the registration when required by the Board.

b) Failure of the appropriator to keep a record of water withdrawal.

c) Repair without permission of hydraulic works or structures involvingalteration of its hydraulic or structural features as originally approved.

d) Violation of or non-compliance with any order, rule or regulation of theBoard.

e) Failure to comply with any of the terms or conditions in a water permitor water rights grant not covered by the succeeding sections.

Less Grave Offenses A fine of more than Five Hundred (P500.00)Pesos but not exceeding Eight Hundred (P800.00) Pesos per day ofviolation and/or suspension of the water permit/grant for a period of one hundredtwenty (120) days shall be imposed for the following violations (Sec. 81, Rule V,Implementing Rules and Regulations)

a) Illegal taking or diversion of water in an open canal or reservoirb) Unauthorized utilization of an existing well or ponding or spreading ofwater for recharging subterranean or groundwater supplies

Grave Offenses A fine of more than Eight Hundred (P800.00) Pesosbut not exceeding One Thousand (P1,000.00) Pesos per day of violationand/or revocation of the water permit/grant of any other right to the use of watershall be imposed for any of the following violations (Sec. 82, Rule V,Implementing Rules and Regulations)

a) Unauthorized sale, lease or transfer of water permits and/or water rights.

b) Failure to install a regulating and measuring device for the control of the

volume of water appropriated when required.c) Drilling of a well without permit or with expired permit.d) Failure to provide adequate facilities to prevent or control disease

whenever required in the construction of any work for the storage,diversion, distribution and utilization of water.

e) Construction of any hydraulic work or structure without duly approvedplans and specifications.


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f) Non-observance of any standard for the beneficial use of water and/orschedule of water distribution.

g) Use of water for a purpose other than that for which a right or permit wasgranted;

h) Malicious destruction of hydraulic works or structures.

i) Unauthorized sale of water in violation of the permit.

j) Abandonment of wells without proper plugging. In this case, the owner ofthe property where the abandoned well is located shall be presumed to bethe owner of the abandoned well unless proven otherwise.

k) Unauthorized construction within the legal easements as provided underSection 31 of the Water Code.

Penalties for Delinquencies

Non-Payment of Annual Water Charge A fine/penalty of fifty percent

(50%) of due per year or fraction thereof plus additional interest fordelinquency. (Sec. 83, Rule V, Implementing Rules and Regulations)

Penalties for Delinquency Where the penalty imposed is a fine and theoffender fails to pay the same within the given period, he shall be liable, inaddition, to pay a penalty interest equivalent to two (2) percent permonth of delay or a fraction thereof until fully paid. (Sec. 84, Rule V,Implementing Rules and Regulations)

Violation of Non-Permittees

In cases where the violators is not a permittee or grantee or has no right touse the water whatsoever, the Board through its deputies or authorizedrepresentatives shall, in addition to the imposition of appropriate fines andpenalties, cause the stoppage of the use of water either by plugging orsealing of the well if the same involves groundwater appropriation ordemolition of the dam or hydraulic structures if the same involves surfacewater, without prejudice to the institution of a criminal/civil action as the facts andcircumstances may warrant. (Sec. 83, Rule V, Implementing Rules and Regulations)

Violations by Non-Owners

In cases where the violator is not the owner of the well or structure, he shallbe penalized twice as much as the fine imposed on the owner of such well orstructure without prejudice to the inclusion of his name as a party defendant in anyaction filed. Proper representations in this regard shall be made with the


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appropriate agency for the cancellation or suspension of his license/certificates ofregistration. (Sec. 87, Rule V, Implementing Rules and Regulations)

Offer of Compromise

In cases where offender, at any time after the issuance of notice ofviolation/s but before the execution of the order or decision, offers in writingto pay the fine imposed instead of having his/her permit/grant suspended, theBoard may, if the circumstances so warrant, accept such offer of compromise.

*However, if the penalty imposed is both fine and suspension of the permit,

the offer shall necessarily include the amount of the fine imposed as well as suchamount as may be determined by the Board corresponding to the period of whichthe permit should have been suspended. (Sec. 88, Rule V, Implementing Rules andRegulations)


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Summary Revocation/Suspension

Water permits or other rights to use the water may be revoked or suspendedsummarily by the Board if any of the following facts and/or conditions exists. (Sec.89, Rule V, Implementing Rules and Regulations)

a) That the suspension/revocation will redound to greater publicinterest, public health and safety.

b) That the acts complained of are grossly illegal per se.

c) That the violative act is the second offense on record involving thesame infraction.

d) That the non-observance of or non-compliance with the rules, orderor regulation is willful and deliberate.

e) When there is a prima facie showing that the non-observance ofany standard for the beneficial use of water or non-compliance with any ofthe terms or conditions in a water permit or water rights grant is prejudicial

to the life and property of third person.f) When the suspension or revocation thereof is sought by an injuredparty, provided he files a bond to cover any damage which may be sustainedby the permittee or grantee arising from such summaryrevocation/suspension.

g) In times of emergency, where there is a prima facie showing thatthe use of water by the permittee/grantee is wasteful.

h) When health authorities so recommend to prevent or control thespread of disease due to inadequate facilities.

i) When in a decision of a competent court the revocation orsuspension of the water permit or grant is ordered or recommended.

j) Such other serious offenses or gross violations and infractions asthe NWRB may decide.


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GROUP NO. 6

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