Draft as of 25 March 2019

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO.

INTEGRATING AND COORDINATING THE MANAGEMENT OF WATER BY

TRANSFORMING AND STRENGTHENING THE NWRB INTO THE NATIONAL
WATER MANAGEMENT COUNCIL

WHEREAS, the social and economic progress of the country is highly

dependent on the proper development, shared management, control and utilization
of its total water resources;

WHEREAS, Presidential Decree No. 424 created the National Water

Resources Council (NWRC) to coordinate and integrate water resources
development and management under the Department of Public Works and Highways
(DPWH);

WHEREAS, Presidential Decree No. 1067, also known as the Philippine

Water Code, and its implementing rules and regulations, declared that all waters
belong to the State and mandated the utilization, exploitation, development,
conservation and protection of water resources be subject to the control and
regulation of the government through the National Water Resources Council;

WHEREAS, Presidential Decree No. 1206 assigned the residual functions of

the Bureau of Waterworks and the defunct Public Service Commission to the
National Water Resources Council which has been renamed as the National Water
Resources Board (NWRB) by virtue of Executive Order No. 124-A (s. 1987);

WHEREAS, Executive Order No. 123 (s. 2002) ordered the transfer of the
NWRB from DPWH to the Office of the President then to the Department of
Environment and Natural Resources for administrative control and supervision;

WHEREAS, as the country progresses and the population increases, and as

climate change brings more extreme weather events, there will develop, as has been
experienced, keener competition, imbalance resource utilization and conflict of
interests among water users, especially in areas already identified as water-
stressed;

WHEREAS, the management of water resources remains fragmented and

uncoordinated with over 30 government units and agencies at national and local
levels implementing separate and disharmonized policies, plans and programs to
develop and operate water facilities and infrastructure for various uses, regulate
water use and set tariffs, and monitor water-related parameters;

WHEREAS, this situation adversely affects the poor who continue to suffer
the consequences and bear the cost of inadequate water supply and sanitation
services; where the poor accounts for most of 12.8% of the population who still have
no access to safe water, and the 26% of Filipinos who have no access to improved
sanitation, of which 4.2 million continue to practice open defecation;
 WHEREAS, there is an urgent need for an integrated and coordinated
planning and implementation of programs and projects that promote synchronized,
sustainable and science-based management of the country’s water resources that
would provide the needed services to the people, especially the poor, while also
addressing the imbalance in water resource utilization, reduced water availability,
declining water quality, recurrent flooding, and other water-related issues in many
parts of the country;

WHEREAS, the Philippine Development Plan (2017-2022) states that “the

primary strategy for the water resources sector is to address its fragmented structure
through the creation of an apex body and the formulation of master plans that will
foster coordinated efforts across the country” and “that the government will enhance
the capacities of concerned entities in developing and managing water-related
projects; and existing laws and regulations on water resources will be reviewed and
strengthened”;

WHEREAS, the country has committed to the Sustainable Development

Goals (SDG) which includes Goal No. 6 on ensuring the availability and the
sustainable management of water and sanitation for all by 2030; and,

WHEREAS, under Section 31, Chapter 10, Title III, Book III of Executive
Order No. 292 or the Administrative Code of the 1987, the President has the
continuing authority to reorganize the administrative structure of the Office of the
President to achieve simplicity, economy and efficiency, including the transfer of any
function or any agency;

NOW THEREFORE, I, RODRIGO R. DUTERTE, President of the Philippines,

by virtue of the powers vested in me by law, do hereby order and direct the following:

Section 1. National Water Management Council. Until otherwise provided

by law, the National Water Resources Board (NWRB) is hereby reconstituted and
transformed into the National Water Management Council, hereinafter referred to as
NWMC. The NWMC shall be lodged under the Office of the President and will be
responsible for the control, management and protection of the country’s water
resources for domestic water supply, sanitation (e.g. sewerage and septage),
irrigation, hydropower, fisheries, aquaculture, flood control, navigation and
recreation, regulation of water use and water utilities including the enhancement and
maintenance of water quality for ecosystem protection.

Section 2. Guiding Principles, National Policy and Strategies. The

conservation, utilization, control and management of water resources shall be
undertaken in a comprehensive, integrated and coordinated manner consistent with
the following:

a) All government units and agencies responsible for water resources shall
adhere to an integrated water resources management (IWRM) framework in

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 preparing their plans and programs, and as such should ensure the protection
of the country’s watersheds;
b) The river basin or island, as maybe appropriate, shall be used as the basic
unit for management planning; all other sectoral management units (e.g.
WQMA under the Clean Water Act, etc.) shall be consistent with river basin or
island management;
c) The development and management of water, land and related resources shall
be coordinated in order to maximize economic and social welfare in an
equitable manner without compromising the sustainability of vital ecosystems;
d) All sources of water, including rainwater and floodwater, shall be conserved
and managed for productive use and the resulting wastewater shall be
managed properly and reused and, finally responsibly disposed of following
approved environmental standards;
e) Water resources development and conservation shall be participatory
involving planners, policymakers and users including community members at
all levels;
f) The delivery of improved household sanitation through low-cost viable
septage and sewage treatment facilities shall be supported;
g) The allocation of water for productive use shall be inclusive, equitable and
sustainable with proper operations and maintenance (O&M) and user’s
accountability, as may be provided in access and distribution targets, as well
as in pricing;
h) There shall be a standardized pricing framework for water use that accounts
for environmental externalities;
i) Public-private partnerships, including joint venture projects for the purpose of
accomplishing a specific, limited or special goal, shall be promoted to
augment government resources, harness innovation and private sector
expertise and operational efficiencies and transfer risks for a more effective
management and development of the country’s water resources; and,
j) The active participation of all stakeholders in all aspects of water resources
management and development shall be assured.

Section 3. Composition of the NWMC. The NWMC shall be composed of:

(a) the Governing Council, (b) the Executive Management Unit and (b) Multi-Sectoral
Technical Working Group/s (TWG).

Section 3.1 The Governing Council. The existing Board of the National
Water Resources Board (NWRB) shall be transformed into the NWMC Governing
Council, hereinafter referred to as the Governing Council. It shall be responsible for
policy-making, direction-setting and high-level integration, and shall be chaired by
the President or his alternate, and composed of the Secretaries of the following
agencies/offices:
a) Department of Environment and Natural Resources (DENR)
b) Department of the Interior and Local Government (DILG)
c) Department of Health (DOH)
d) Department of Science and Technology (DOST)
e) Climate Change Commission (CCC)
f) National Economic and Development Authority (NEDA)
g) Department of Finance (DOF)

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 h) Department of Budget and Management (DBM)
i) Office of the Executive Secretary
j) Office of the Cabinet Secretary

The Secretary of the Department of Disaster Resilience (or equivalent), once

created, will also be a member of the Council. The Council shall also have one
representative each from the academe, the private sector and a river-basin
organization. The Governing Council shall meet quarterly and may hold Special
Meetings as may be deemed necessary.

The Governing Council can consult other national government agencies (NGAs) and
corporations with water-related functions such as but not limited to the Department of
Agriculture (DA), Department of Public Works and Highways (DPWH), National
Irrigation Administration (NIA), Metropolitan Waterworks and Sewerage System
(MWSS), Local Water Utilities Administration (LWUA), Tourism Infrastructure and
Enterprise Zone Authority (TIEZA), Philippine Economic Zone Authority (PEZA) as
well as other NGAs, local governments and other stakeholders on policies to be
promulgated and programs to be implemented by the NWMC.

Section 3.2 The Executive Management Unit. The Executive Management

Unit (EMU) shall be headed by an Executive Director, with the rank of an
Undersecretary, and shall be assisted by the existing qualified staff of the NWRB.
The NWRB shall be fully absorbed by the NWMC and shall serve as its core
functional unit. Likewise, the River Basin Control Office (RBCO) of the Department
of Environment and Natural Resources (DENR), created under Executive Order 510
on March 5, 2006, as amended by EO 819 issued on July 6, 2009, is hereby fully
merged with the NWMC to streamline and consolidate planning, regulation and
management of all water resources and river basins of the country.

To provide more efficient water resource-related government services across the

country, the NWMC shall be further strengthened with more resources and budget
and expanded through the creation of additional units within the head office as well
as field offices in the 12 water resource regions in the country. Additional plantilla
positions for both the head office and the field offices shall be created subject to civil
service law, rules and regulations and DBM approval to meet the requirements of its
expanded mandate.

The structure/composition of the EMU shall be as follows:

1. Office of the Executive Director, which shall be responsible for overall

management of the EMU and composed of:
a) Office of the Executive Director Staff; and
b) Internal Audit Staff;
2. Policy, Planning, Integration and Scientific Studies Service, which shall be
responsible for coordination of river basin planning, technical studies and
policy formulation, and composed of the following divisions:
a) River Basin Organization Development Division;
b) Research and Development Division; and,
c) Policy and Program Division;

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 3. Economic Regulation Service, which shall be responsible for tariff and
performance regulation of non-water districts, and composed of the following
divisions:
a) Technical Regulation Division; and,
b) Financial Regulation Division;
4. Resource Regulation Service, which shall be responsible for water permits
issuance and monitoring, and composed of the following divisions:
a) Water Rights Division; and,
b) Standards and Compliance Division;
5. Enforcement, Legal and Adjudication Service, which shall be responsible for
providing support for the quasi-judicial functions of the Council, and
composed of the following divisions:
a) Legal Division;
b) Enforcement Division; and,
c) Adjudication Division;
6. Administrative and Financial Service, which shall be responsible for
personnel, property, procurement, logistical, and other related matters, and
composed of the following divisions:
a) Administrative Division; and,
b) Financial Division;
7. Information and Knowledge Management Service, which shall be responsible
for managing information and public relations, and composed of the following
divisions:
a) Information and Communications Technology Division; and,
b) Public Affairs Information Division; and
8. Twelve (12) Water Resources Regional Offices, which shall be responsible for
regional level regulation, planning, monitoring and data gathering, and
composed of the following divisions:
a) Office of the Regional Director;
b) Water Rights Division;
c) Water Utilities Division;
d) Monitoring and Enforcement Division;
e) Administrative and Financial Division; and,
f) Policy, Planning, Integration and Scientific Studies Division.

Section 3.3 Technical Working Group/s. The existing Sub-Committee on

Water Resources (SCWR) of the NEDA Infrastructure Committee, chaired by NEDA,
shall be tapped to serve as the Technical Working Group for the NWMC to provide
policy recommendations, planning, technical support and collaborative operations to
NWMC Should the need arise, the Governing Council upon the recommendation of
the Executive Director, may establish sub-sectoral Technical Work Groups to
address specific issues and concerns composed of designated/alternate
representatives of the appropriate government units and agencies with mandate over
specific water-related issues (i.e. water supply and sanitation, water quality, climate
change). TWG members shall at least be Director level with one representative each
from civil society, private sector and academe who are directly involved in sub-sector
water-related programs and projects.

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Section 4. Functional integration of mandates and functions. All government
units and agencies listed below are hereby ordered to fully cooperate in the
implementation of this Order. For this purpose, the listed national government
agencies (NGAs), units and Government-Owned and Controlled Corporations
(GOCCs) are to be functionally integrated under the National Water Management
Council. The preparation of plans, programs and budgets, the determination of
performance indicators and targets, and performance monitoring and evaluation of
these government units and agencies shall be in accordance with the National Water
Management Framework Plan in Section 5 and be under the supervision and
direction of the NWMC which shall then review and endorse same for the approval of
the respective concerned Secretaries. The government units and agencies shall
remain in their respective units for administrative purposes, as provided by existing
laws and can request for additional plantilla positions needed to fully implement their
powers and functions.

Specifically, the following National Government Agencies, with units, offices,

Bureaus and attached agencies/GOCCs vested with water-related
mandates/functions, are functionally integrated to the NWMC:
1. DENR
2. DPWH
3. DA
4. DILG
5. DOH
6. DOE
7. DOST
8. DOT

All existing watershed/river basin-based organizations, Water Quality

Management Area Governing Boards and other water-related institutions shall also
coordinate with the NWMC.

Section 5. National Water Management Framework Plan (NWMFP). Within

six (6) months from the effective date of this Order, the Council shall, in consultation
with the TWG, prepare an interim National Water Management Framework Plan
(NWMFP) following the integrated water resource management (IWRM) framework
and building on the 1998 Framework Plan Study on Water Resources Management,
the 2018 Philippine Water Supply and Sanitation Master Plan (PWSSMP) and
existing plans of the various agencies. All relevant existing plans/roadmaps,
especially the river basin master plans, shall be considered in the preparation of the
proposed NWMFP. It will also include policies that strengthen the enforcement of
water regulations, as well as institutional arrangements and agency responsibilities.
The framework plan shall include strategies and goals with measurable targets
including, but not limited to:
a. PDP targets on water supply and sanitation;
b. International Commitments such as SDGs;
c. Targets for flood management, based on the subsectoral plans;
d. Targets and efficiency standards for irrigation to achieve “more crop per
drop”;
e. Mandatory provision of sewage/septage treatment facilities by all water
service providers, as specified in the Clean Water Act;

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 f. Water efficiency standards for water and sanitary fixtures and
mandatory water efficiency labelling for all such fixtures sold in the
country;
g. Diversification of sources of water for all water service providers
(WSPs) to conserve groundwater resources and ensure sustainable
and resilient water supply
h. Directives on rainwater harvesting and storage for all existing
government buildings and all new government construction, and for
new residential, commercial or industrial development projects;
i. Mandatory structures to store flood and drainage waters using available
technology for future productive use;
j. Use of economic instruments to drive efficient water use and effect
behavioural change of all water users;
k. Monitoring of water quality of water used for irrigation, aquaculture and
agricultural run-off and development of appropriate treatment measures
to avoid/reduce water pollution; and
l. Rehabilitation of rivers and waterways by concerned agencies and local
government units to meet their water quality classification.

The NWMFP shall be endorsed by the NWMC to the NEDA Board for approval.
Once formally approved by the NEDA Board, it shall thereafter guide water
management in the country and shall be regularly monitored.

Thereafter, the Council shall facilitate a consultative process of developing

and/or updating long-term master plans per river basin that should address
conservation, efficient and sustainable utilization of, as well as inclusive and
equitable access to water resources.

Section 6. Agency Plans, Objectives, and Targets. Within six (6) months
from the adoption of the NWMFP, all agencies shall review and align their specific
objectives and targets to contribute to achieving the common goals. All existing
watershed/river basin-based organizations, Water Quality Management Area
Governing Boards and other water-related institutions shall likewise align their plans
and programs to be consistent with the NWMFP. Agencies with powers to issue
orders, rules and regulations shall do so to meet targets and achieve goals in the
Framework Plan, according to their mandate. All plans and programs shall be
endorsed by the NWMC, for budget purposes.

The agreed plans, objectives and targets shall be binding on the government
units and agencies, and shall be strictly implemented and regularly monitored by the
NWMC.

Section 7. Review, Issuance and Monitoring of water permits and

licenses. Issuance of permits, licenses, etc. should be based on river basin planning
and should thus be eventually issued by the concerned NWMC regional office. The
requirements and processes for approving the water permits should be standardized and
used by all NWMC regional offices. Information Technology applications should be used
as tool to facilitate the processing of permits and licenses within a reasonable time. A
public registry containing all water rights granted should be developed and made

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accessible to the public for complete transparency. All existing water permits should be
reviewed based on compliance with existing laws, rules and regulations.

The delegation of permits and licensing to the NWMC regional offices shall be
done within three (3) years.

Section 8. LGUs and Water Districts (WDs). The DILG and LWUA shall
issue guidelines and targets for LGU performance with respect to the delivery of
water services and sanitation through the LGU-run water systems and Water
Districts performance, respectively. LGUs shall pass ordinances and allocate
resources consistent with meeting the NWMFP goals and the targets set for their
jurisdiction. The DILG and LWUA shall, within six (6) months from the effective date
of this Order, jointly develop and implement an audit tool to monitor LGU and water
district performance for both water supply and sanitation. Failure to meet the set
targets shall be a basis for disciplinary action against the Local Chief Executive
under existing laws, rules and regulations and the removal of the members of the
Board of the non-performing Water Districts concerned.

In the exercise of its regulatory power including the review of water rates,
LWUA must ensure the viability and conformance of all proposals of Water Districts
with the NWMFP, including those entered into with the private sector and ensure that
projects do not expose the government to contingent liabilities.

Section 9. Research Agenda and Data Management. Within nine (9)

months from the effective date of this Order, the NWMC through the EMU, shall, in
consultation with the TWGs, set a common research agenda and design a common
data management platform. The research agenda shall include a regular inventory of
the country’s available water resources and hydrological boundaries, studies and
mapping to identify areas where potential groundwater and surface water resources
could be tapped, stored and developed, environmental protection and appropriate
technology, community partnership and shared management and utilization of
resources (inter-provincial and inter-regional). All units and agencies are to align
their research and data collection to the common research agenda and share
information through the common data management platform which shall also be
linked to the data base of the Philippine Statistics Authority (PSA). Data and analysis
shall be made accessible to all units and agencies, as well as to LGUs and the
public, in a manner useful for decision-making and participation at various levels.

Section 10. Monitoring and Evaluation. Within twelve (12) months from the
effective date of this Order, the units and agencies in Annex B shall set performance
indicators and targets, consistent with their respective plans, objectives and targets
under Section 6 above, including the target levels of compliance and delivery of
services to the regulated community.

The government units and agencies shall report on their progress in meeting
their objectives and targets every quarter to the Governing Council.
Underperformance by the units or agencies shall be ground for disciplinary action
against the unit or agency heads, subject to civil service rules and regulations.
Incentives shall likewise be provided for those who exceed their targets.

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 Section 11. Funding. Funds necessary for the effective operations of the
NWMC shall be provided, subject to existing accounting and auditing laws, rules and
regulations.

Section 12. Transitory Provisions. Within six (6) months from the effective
date of this Order, the President shall appoint an Executive Director of the EMU, who
shall then convene the staff. In the interim, the Executive Director of the NWRB shall
serve as Executive Director. All the staff of the NWRB and RBCO shall be
automatically absorbed by the NWMC but will be given the option to retire and given
a compensation/incentive package to be developed by the NWMC and approved by
the DBM.

Section 13. Implementing Rules and Regulations. Within three (3) months
from the start of the effectivity of this Order, the NEDA, in consultation with
concerned government agencies, and other stakeholders, shall promulgate the
implementing rules and regulations of this Order.

Section 14. Repealing Clause. All orders, rules, regulations, and issuances,
or parts thereof, which are inconsistent with the provisions of this Executive Order,
are hereby repealed or modified accordingly.

Section 15. Effective Date. This Executive Order shall take effect
immediately upon publication in a newspaper of general circulation.

DONE, in the City of Manila, this ___ day of _____, in the year of our Lord
Two Thousand and Nineteen.

By the President:

SALVADOR C. MEDIALDEA
Executive Secretary