Law on Waters 1. PD 1067: The Water Code = promulgated on December 31, 1976 2.

Before PD 1067: the governing laws on waters are: i. Civil Code: Art. 502-518 ii. Supplementary laws: Special Law of Waters of August 3, 19866 and Irrigation Law 3. Clean Water Act = tackles pollution, rather than ownership Art. 4 of PD 1067: Waters, as used in this Code, refers to water under the groun ds, water above the ground, water in the atmosphere and the waters of the sea wi thin the territorial jurisdiction of the Philippines Sec 2 Art XII of the Constitution: All lands of the public domain, waters, miner als, coal, petroleum, and other mineral oils, all forces of potential energy, fi sheries, forests or timber, wildlife, flora and fauna, and other natural resourc es are owned by the State. With the exception of agricultural lands, all other n atural resources shall not be alienated. The exploration, development, and utili zation of natural resources shall be under the full control and supervision of t he State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino ci tizens, or corporations or associations at least sixty per centum of whose capit al is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for ir rigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, t erritorial sea, and exclusive economic zone, and reserve its use and enjoyment e xclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsist ence fishermen and fishworkers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involvin g either technical of financial assistance for large-scale exploration, developm ent, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions t o the economic growth and general welfare of the country. In such agreements, th e State shall promote the development and use of local scientific and technical resources. The President shall notify the Congress of every contract entered into in accord ance with this provision, within thirty days from its execution. Qualified to apply: Art. 15 of PD 1067: Only citizens of the Philippines, of legal age, as well as j uridical persons, who are duly qualified by law to exploit and develop water res ources, may apply for water permits. (only Filipino citizens and corporations) Term of Permit: Art. 28 of PD 1067: Water permits shall continue to be valid as long as wate r is beneficially used; however, it maybe suspended on the grounds of non-compli ance with approved plans and specifications or schedules of water distribution; use of water for a purpose other than that for which it was granted; non-payment of water charges; wastage; failure to keep records of water diversion, when req uired; and violation of any term or condition of any permit or rules and regulat ions promulgated by the Council. Temporary permits may be issued for the appropriation and use of water f or short periods under special circumstances. (Maximum period is the beneficial used of water) Office in charge:

National Water Resources Board (NWRB) = formerly Nat l Water Resources Council * created by PD 424 in March 28, 1974 * conferred with regulatory and executory powers, such as to coordinate and inte grate water resources development activities of the country as well as to determ ine, adjudicate and grant water rights, for which purpose it may issue needful r ules and regulations * also functions as advisory to the NEDA, recommending the adoption of general p olicies and guidelines, including plans and programs for water resources develop ment BF Northwest Homeowners Assn. vs. IAC [G.R. No. L-72370. May 29, 1987.] F: NWRC approved water rates allowing BF Homes, Inc. to charge higher rates to i ts customers. Petitioner appealed NWRC decision to RTC which dismissed the appea l saying it has no jurisdiction H: RTC has jurisdiction since NWRC is ranked with inferior courts The National Water Resources Council (NWRC) was was vested with the general powe r to coordinate and integrate water resources development, and among others, to formulate and promulgate rules and regulations for the exploitation and optimum utilization of water resources, including the imposition on water appropriators of such fees or charges as may be deemed necessary by the Council for water reso urces development. Plainly, the NWRC is ranked with "inferior courts," MTC, MTCC, etc. Expl icit as well is the proviso that NWRC decisions on water rights controversies ar e appealable to the Court of First Instance (now RTC) The logical conclusion, therefore, is that jurisdiction over actions for annulment of NWRC decisions lies with the Regional Trial Courts, particularly, when we take note of the fact that the appellate jurisdiction of the Regional Tr ial Court over NWRC decisions covers such broad and all embracing grounds as gra ve abuse of discretion, questions of law, and questions of fact and law (Art. 89 , P.D. No. 1067). This conclusion is also in keeping with the Judiciary Reorgani zation Act of 1980, which vests Regional Trial Courts with original jurisdiction to issue writs of certiorari, prohibition, mandamus, etc. (Sec. 21 [1], B.P. Bl g. 129) relating to acts or omissions of an inferior Court (Sec. 4, Rule 65, Rul es of Court). Abe-Abe v. Manta [G.R. No. L-4827. May 31, 1979.] F: Upstream farmers want to stop Atty. Romualdo from using the water of the cree ks at night to irrigate his two-hectare rice land located downstream. Farmers fi led a case before the courts H: lower court has no jurisdiction; NWRC has We hold that the petition is devoid of merit. It is incontestable that the petit ioners' immediate recourse is to ventilate their grievance with the National Wat er Resources Council which, as already noted is the administrative agency exclus ively vested with original jurisdiction to settle water rights disputes under th e Water Code and under PD No. 424. That jurisdiction of the Council under section 2(b) of Presidential Decr ee No. 424 is reaffirmed in section 88 of the Water Code and in section 3(d) the reof which provides that "the utilization, exploitation, development, conservati on and protection of water resources shall be subject to the control and regulat ion of the government through" the Council. Sec 2 of Art XII of the Const: * no specific class of waters, only specific uses * irrigation, supply, fisheries, power, industrial uses BUT Art. 10 of PD 1067 provides for uses of waters: 1.) domestic purposes = utilization of water for drinking, washing, bathing, coo king or other household needs, home gardens, and watering of lawns or domestic a nimals. 2.) municipal purposes = utilization of water for supplying the water requiremen

ts of the community. a) Use of water for irrigation is the utilization of water for p roducing agricultural crops. 3.) power generation = utilization of water for producing electrical or mechanic al power. 4.) fisheries = utilization of water for the propagation and culture of fish as a commercial enterprise. 5.) livestock raising = utilization of water for large herds or flocks of animal s raised as a commercial enterprise. 6.) industrial purposes = utilization of water in factories, industrial plants a nd mines, including the use of water as an ingredient of a finished product. 7.) recreational purposes = utilization of water for swimming pools, bath houses , boating, water skiing, golf courses and other similar facilities in resorts an d other places of recreation. Is Water immovable or movable property? * Water is IMMOVABLE because in its natural state it is regarded as forming part of the land * Water is also MOVABLE because it is part of the forces of nature which is brou ght under the control of science US vs. Tambunting [G.R. No. 16513. January 18, 1921.] F: Tambunting used gas without the knowledge of the gas company. He was charged with theft H: he is guilty of theft since gas is considered as personal property The clandestine subtraction and appropriation of gas, without the consen t of the owner constitutes theft. Electric energy could be the subject of theft . There is nothing in the nature of gas used for illumination purposes which re nders it incapable of being feloniously taken and carried away. It is a valuabl e article of merchandise, bought and sold like other personal property, suscepti ble of being severed from a mass or larger quantity and of being transported fro m place to place. Likewise, water which is confined in pipes and electricity wh ich is conveyed by wires are subjects of larceny. * Art 502 of the CC: enumerates what belongs to the State. This is the same with Art 5 of PD 1067. * Art 503 of the CC: water subject to private ownership. This was not carried ov er in PD 1067 * Implication: water belongs to the state, whether found in public or private la nd. Water cannot be of private ownership. Only the use of such water, not owners hip is granted in administrative concession. * So, you cannot drill a well without prior permit Priority over use of waters: Art. 95 of PD 1067: Within two (2) years from the promulgation of this Code, all claims for a right to use water existing on or before December 31, 1974 shall b e registered with the Council which shall confirm said rights in accordance with the provisions of this Code, and shall set their respective priorities. casia When priority in time of appropriation from a certain source of supply c annot be determined, the order of preference in the use of the waters shall be a s follows: a.Domestic and municipal use e.Livestock raising b.Irrigation f.Industrial use, and c.Power generation g.Other uses. d.Fisheries Any claim not registered within said period shall be considered waived a nd the use of the water deemed abandoned, and the water shall thereupon be avail able for disposition as unappropriated waters in accordance with the provisions of this Code.

* This comes into play if there are two conflicting rights * constitution does not establish a rule of priority, it only mentions the uses for which the water right is granted * CC; also no provision on use; only provided for the manner on how use of water may be acquired * PD 1067 repealed Civil Code