Legal Issues On Water
Legal Issues On Water
Legal Issues On Water
Table of Contents
1 Introduction
2 Water Resource Management in the Philippines
6 Legal Framework and Policies
7 The 1987 Philippine Constitution
7 Philippine Environment Code
9 Philippine Water Code
10 Provincial Water Utilities Act of 1973
11 Executive Order No. 577
12 Republic Act No. 7160
13 LGU Roles and Involvement
14 Role of the Law and Local Governments in the Underdevelopment and
Mismanagement of Water Resources
15 Magdalena Project
16 Caloocan Folk Virtual Hostage to Unreliable Water Service
Provider
17 Dirty Water: Corruption and Violence in Leyte
19 Recommendations
19 It’s Not About Private or Public
20 Rainwater Harvesting and Utilization
22 Investing in Santitation
23 Conclusion
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Introduction
The basic fundamental needs of man has evolved through the ages with varying factors.
Man has based his needs off the world’s resources and to what he has created and developed for
himself. In the mid 1900s, American psychologist Abraham Maslow studied about the
psychological health which established on fulfilling innate human needs in priority and with that
he created what we called the “Theory of Hierarchy of Needs”. Maslow constructed a pyramid
which was divided into five (5) various needs according to man. At the bottom of the pyramid,
most importantly the largest portion of the pyramid lies the physiological needs of man which
include breathing, food, sleep, excretion and the like. One of the most important physiological
need that is contained within the bottom most portion is water. Studies say that the maximum
number of days a person can survive without water is up to 3 days, any longer than and we could
pass away due to dehydration. An adult body contains up to 50%-65% water while infants and
younger children can have up to 70% percent water, which shows how much are body is in
constant need of water. The essential need for water has not only turned globally but is in fact, a
fundamental need of the human person. In fact, everyone has the right to water.
According to the United Nations Millennium Development Goals report, at least 783
Million people in the world do not have access to clean water while another 2.5 Billion people do
not have adequate sanitation (2013). While 70% of the earth is covered in water, only at least
2.5% are freshwater resources, and each year more and more people are having difficulty
accessing clean, drinking water necessary for everyday life. There is a disparity now on how
various people are able to clean water while others lack adequate access to water resources. In
the Philippines, water resources have been mishandled and contain a lack of proper management
as there is a decrease in the accessibility of utilizing water resources, such as lakes, rivers and
streams, to be used for compatible drinking water. As of the 2010, at least 17% of the entire
Philippine household has access to clean and potable water, as reported by the National
Statistical Coordination Board. The National Nutrition Survey has dated that only 22.8% has
bottled or distilled water as a main source of drinking water. However, not everyone is able to
afford the luxury of having constant distilled water in the household. The right of having at least
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access to clean and potable water is an ongoing issue which not only many scientists are trying to
find a solution but even politicians and economists are concerned.
This paper will discuss the current water quality and situation in the Philippines and parts
of Asia, including South East Asia. This will include the current state of the Philippine fresh
water resources around the country and how these water resources are being managed. Included
in this paper is the current standing of water supplies and their statuses both in the Philippines
and around the globe. The legal basis and policy framework will be included to further inform of
the involvement of the law and government policies in both protecting the water supply,
managing water resources, providing water access and extensive environmental protection. The
latter part of the paper will discuss case studies of the mismanagement of the Philippine
government in term providing water systems and the instances of the privatization of water
services in the urban setting. This paper will also included possible recommendations regarding
the different frameworks and studies various countries both Western and Asian countries which
have improved their water resources management and have constantly protected water supply in
hopes of being able to resort to sustainable development for their water.
Water Resource Management in the Philippines
The 2 primary sources of water are classified in surface and groundwater. Groundwater is
collected from man-made wells that run from the shallow to deep in the ground. Surface water,
on the other hand, is the most common water we see around us, as these water sources that are
found naturally in rivers, lakes, streams, and other bodies of water.
Aside from being abundant in over 7,000 islands due to the archipelagic state of the
country, the Philippines is also rich in water resources. According to the National Water
Regulatory Board (NWRB), the country possesses 421 provincial river basins ranging in area
from forty 40 square kilometers to 25,649 square kilometers. Of the 421 provincial river basins,
18 are considered to be major river basins with at least 1400 square kilometers in drainage area.
According to the Bureau of Fisheries and Aquatic Resources, of the 61 lakes in the country, 23
of
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these are 100 hectares or larger in size, with Laguna de Bay being the largest with an estimated
76,000 hectares in size.
The groundwater state in the Philippines has extensive ground water supply with at least
50,000 square kilometers in terms of ground water reservoirs with several of underground water
basins are at least 100,000 square kilometers in size. Many of the groundwater basins are located
in various rock formations around the country namely in:
1) Northeast Luzon
2) Central Luzon
3) Laguna Lake basin
4) Cavite-Batangas-Laguna basin
5) Southeast Luzon
6) Mindoro Island
7) Negros Island
8) Northeast Leyte
9) Ormoc-Kananga basin
10) Agusan-Davao basin
11) Occidental Misamis basin
12) Lanao-Bukidnon-Misamis basin
(List 1. Groundwater Basin Resources., Sources: Green Peace)
The total freshwater resource of the Philippines is at an estimated 145,900 Million cubic
meters based on 80% probability for surface water while, the groundwater recharge or extraction
is an estimated 20,000 Million cubic metres per year. The tropical nature of the country becomes
a legitimate factor in the addition of freshwater supply with the country averaging with at least
1000 to 4000 mm in rainfall annually that help the 421 primary river basins and another 59 lakes
in significant water increase. Ideally, due to the number of freshwater resources and high rate of
precipitation due to frequent annual rainfall guarantees of the country of at least substantial water
supply for its agricultural, industrial and domestic needs and uses. But unfortunately, due to the
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seasonal variations within the year, and considering that geographic distribution is biased, there
often results water shortages in highly populated areas, especially during the dry season.
The agricultural sector is the greatest consumer of water in the Philippines with a 85.27%
of the total water supply being allotted to this sector. The industrial sector consumes about
7.46% while households consume 7.27% of total water supply (Philippine Environment Monitor,
2003). Irrigation consumes the largest portion of the entire agricultural water consumption, using
up to 47 percent of the water supply. Based on the PEM data, groundwater is mainly consumed
by the domestic water comprising of 63% while the agricultural sector consumes about 17%,
industries consume 13% and other sectors consume only 7%. (2003).
While the consumption of water in the household sector is at only 7.27%, not everyone is
able to access the clean drinking water. According to the World Bank (2005 Greenbook), 1 out
of 5 Filipinos do not have access to formal water sources. Only 77% of the rural population and
90% of the urban population have access to improved water supply. Only 44% have direction
house connections and these 56% obtain water from wells, springs, communal faucets, and/or
from small scale informal providers (Madrazo, A., 2002). In the Philippines, it is the
responsibility of various government agencies and local water districts to supply and deliver
potable water in different parts of the country. Manila Water and Maynilad are the two primary
private concessionaires that provide Metro Manila with water, which mostly comes from surface
water.
Water supplied by all sources in the Philippines is considered unsafe for drinking without
further treatment, thus Metro Manila has four (4) water treatments in Balara and La Mesa that
ensure the water being distributed has successfully been treated properly and extensively.
Outside of Metro Manila, there are water treatment plants in Metro Roxas, San Jose Del Monte,
Leyte, Iloilo, Zamboanga, Bongao in Tawi-tawi, Pagsanjan, Santiago City in Isabela, Albay, and
Candon City in Ilocos Sur. Most which use chlorination for treatment.
The NWRB has identified nine water-critical urbanized areas where water is consumed
intensively. This includes: Metro Manila, Metro Cebu, Davao, Baguio City, Angeles City,
Bacolod City, Iloilo City, Cagayan de Oro City, and Zamboanga City. Several instances of water
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scarcity have been reported all over the country. These include parts of Visayas facing the
drought due to drying up of water resources in light of climatic changes, increasing demand and
decreasing water supply in Iloilo and Davao experiencing severe shortages of fresh water supply.
Even Angat Dam’s water level has decreased from 190 meters to 170 meters due to prolonged
dry spell attributed to climate change.
The major problems concerning water use and scarcity contain many factors which
include disparities between water supply and demand, lack of water allocation formula, private
corporations directly competing with the people for the control and use of available freshwater
resources, weak water use regulation and enforcement, inefficient water use and fragmented
management. The availability of these water sources are also a problem concerning water use as
watershed are declining and deteriorating. Climate change should also be considered a major
factor as the droughts and the El Niño phenomenon have been occurring more frequently each
year. The decrease in runoff to rivers and lakes because of frequent drought episodes and the
lack of rain would mean more serious problems in water availability.
The Philippines may have decreasing availability in water supply but the water potential
is still there and if the government and local water districts manage these water resources well,
more people will have better access to clean and potable water. The table below as obtained from
the Philippine Environment Report, shows data of high surface and groundwater potential of
some regions, however other regions are not as lucky.