An Analysis of the Water Code of Davao City




INTRODUCTION

 Water is one of the most important of all natural resources.  It is vital for all-living organisms and major ecosystems, as well as for human health, food production and economic development.  Since the first civilization arose in the Nile, Tigris, and Euphrates river basins, population growth and distribution have been intimately linked to the availability of freshwater.

 In Davao City, the issue on the preservation and protection of the City’s water resources has been in the front pages of the local newspapers for a period of time.  This is due to the impending approval of the proposed Water Resource Protection and Management Code for Davao City or Ordinance No.5169.

 The said ordinance among its many other objectives seeks to protect, conserve, manage and develop the City’s water resources and to regulate the manner and extent of their use and utilization to ensure adequate and clean water supply for its present and the future generations.

 However, in as much as this ordinance pursues a noble cause, the said local legislation has been put into abeyance by the City Council because of the opposition of its original proponent; the Davao City Water District and a numerous numbers of city councilors.  According to the adversary parties, Ordinance No. 5169 is a mere duplication of an existing national law, Presidential Decree No. 1067; a law instituting a water code.

 While the City Council has laid the proposed ordinance into an infinite rest, it is an undeniable reality that there is an urgent need to protect and preserve the City’s water resources.  There is a sense of urgency on this matter since the city is experiencing a rapid economic growth with a corresponding increase in population.  And as such, it is inevitable that water remains to be an important element in any kind of development.  Moreover, the increase in population also entails a higher demand of water for domestic purposes.

 Thus, given this local situationer and the realization of water’s relationship with development and population, the city government must be able to find some preventive measures to ensure the city’s future against the worst problems encountered by many countries in the world at present with regards to water.  Among these problems are pollution, the spread of diseases and lack of water supply.

 Davao City is now in a situation where it is confronted with a challenge to sustain development and at the same time maintain a balanced ecology.  Thus, our group seeks to find out in this paper the opposing views of the different players in this issue and analyze their respective arguments.  And by doing so, we hope to be able to come up with a position that might shed light to the controversial matter leading the way towards a competent and effective regulation and program that is not only applicable in our local situation but at the same time, in consonance with any existing national legislation or any legal processes for that matter.
 

STATEMENT OF THE PROBLEM

 Continuing development in urban areas has a proportional effect in to the rise of population.  As more and more industries are built, people will continue to seek refuge and look for better opportunities in these areas.  With these changes, the environment must simply adopt to the radical atmosphere these changes have brought into the system.

 Davao City is one of the most developed and people-concentrated urban areas in the Philippines.  We have witnessed how subdivisions flourished into the rural part of the city and industries grew in number.

 With the expected boom of the city’s growth and development, it is imperative for the city government to sustain this development but at the same time to uphold the basic principle that the water resources of the city are natural wealth and patrimony of its residents.

 Therefore, given the urgency of the need to protect and preserve the city’s environment, in particular the water resources, because of the immediate threat of the effects of development and rising population, is it proper or improper to approve the proposed water code or Ordinance No. 5169 as a response to the challenges of times?
 

SIGNIFICANCE OF THE STUDY

 The contemporary society of any country calls for a sustainable and balance development.  Amidst the changing times and technological advancements, man has remained to place a great importance on the condition of his environment.

 Thus, this study is significant as it aims to analyze the objectives of the proposed Ordinance No. 5169 and its corresponding oppositions.  Such an analysis is important because in one way or another, the future of Davao City’s development and ecological condition is dependent on its approval or rejection.

 Therefore, this study is significant not only for the key players of the issue at hand but also for all citizens of the city since it deals with the ultimate resource and essential element of man’s existence and society’s subsistence: water.
 

SCOPE AND LIMITATION

 The scope of this study is limited to the analysis of the merits and objectives of Ordinance No. 5169.  Part of the study is to discover whether the said ordinance deserves the attention and approval of the City Council.

 On the other, it will also include the identification of the opposing arguments of the oppositors of the ordinance.  By doing so, the group hopes to analyze the validity of their arguments and come up with a group position as to which side is proper.

 Finally, this paper will show the importance of protecting and preserving the city’s water resources.  The group believes that the people of Davao City cannot afford to sacrifice its environment for a mere technicality and political grandstanding.

Thus, the conclusion and recommendations of this study will evaluate the propriety of the approval, amendments or rejection of the proposed water code of the city.
 

METHODOLOGY

 The method used in the conduct of this study includes the interview of the city councilors.  The interview was employed in order to identify their respective position on the matter and their supporting arguments.

 Furthermore, scholarly research was also done to aid the group’s analysis of the issue.  The research was conducted through internet surfing and browsing over related researches conducted by the academe based professionals as well as those of non-governmental organizations.
 

CHAPTER I
 

A. WATER: ITS ESSENCE AND IMPORTANCE
 

 Many people take for granted that a clean plentiful water supply will always be available.  Unfortunately, overconsumption and pollution pose dire threats to this critical life support system.  As the world’s population escalates, so does the demand for water.  Population growth over the last 30 years has caused demand for water to double in about half the countries in the world.
 Through time, we have developed the ability to transport water and employ it in many different ways.  However, we have not developed adequate methods of ensuring the best use of this limited source.

A 1990 United Nations Development Program report revealed that 80 countries, with 40 percent of the world’s population, suffer serious water shortages.  The World Health Organization estimates that 1.2 billion people still do not have safe water and efforts to supply it are falling behind population.  In Davao City, only 13,872 hectares receive the services of Davao City Water District out of 244,000hectares of land area.  Thus, we can therefore conclude that many parts of the city are deprive of water supply though the city has enough water resources.

Moreover, according to a United Nations study, irrigation and other agricultural practices are responsible for about 80% of all water withdrawals on a global scale.  The irrigation of land solely for livestock feed accounts for a major portion of the Unites States water consumption.  These findings may also be true and applicable in our case in Davao City.  As evidently clear, major parts of the city’s rural areas are agriculture in nature.  In a sense, we can say that the city consumes so much water to sustain its demands.

Water, has many other uses in addition to irrigation.  Industrially, water is used for manufacturing and food processing.  Power plants use water to generate electricity.  Nuclear power plants and other industries implement water for cooling purposes.  Water is used countless times each day by individuals for bathing, drinking, washing clothes and dishes, and flushing toilets, to name a few uses.

Water shortages are further compounded by pollution.  The nature and quality of the world’s water have been altered by the impact of various human activities and water uses.  The health of 2/3 of the world’s population is endangered by the water they drink, cook with and bathe in.  The water polluted and poisoned by sewage, agriculture runoff, and surface water consumption.
The oceans, comprising 71% of the earth’s surface area, are recipients of most of the world’s wastes.  In recent years, unmanaged urban growth, coastal construction, intensive agriculture, mineral extraction, deforestation, boating, overfishing and acid rain have fouled the seas around us.

Contamination of groundwater and surface water is also a grave concern throughout the world.  In developing countries, biological hazards carried through water are responsible for high infant mortality rates.  Parasites, forming from water pollution or poor sanitation practices, are found in surface waters of many semi-arid countries.

While water-borne germs dominate the less developed countries, industrial nations have been suffering from chemical pollution.  It has emerged as a serious threat to all countries which have introduced industrialization and chemically supported agriculture. The most immediate stress on human health is the consumption of contaminated water.
 

B. WATER AND POPULATION

 Let us therefore look further into the relationship of water and the continuing growth of population.  From the previous discussion, it is clearly evident that there is a direct relationship between water and population.

Population dynamics include growth, distribution, migration and other characteristics as shown.  Population dynamics and water resources interact through human uses of water.  For example, population growth leads to increased use of water for food production and household use, which, in turn, may exacerbate water shortages, food insecurity, and ultimately lead to economic and social crises.  Conversely, naturally scarce water supplies, poor water quality, or uneven distribution of water quality, or uneven distribution of water resources may have adverse affects on the health and ultimately the growth and distribution of populations.

 By far the most important demographic trend affecting water resources is population growth.  The past two centuries have seen dramatic increases in world population, from 1 billion in 1800 to 6 billion at the close of the 20th century.  More people and increasing consumption of food, consumers goods, and water for domestic use have created demands for clean freshwater that in many areas exceed hydrological cycle.

 Population growth and migration often lead to changes in land cover that can affect water resources.  For instance, population growth contributes to increased demand for fuelwood or timber, leading to deforestation.  Deforestation, in turn, alters the hydrological cycle because forests act as water regulators by reducing water runoff and soil erosion and by helping replenish groundwater.  They also release moisture into the atmosphere.  Transformation of forests into pasture or croplands, especially in hilly areas, can lead to soil erosion and siltation of major watercourses, flooding, and reduction in groundwater reserves.

 A better understanding of the relationship between population dynamics and water resources is a first step toward designing policies that can make these relationships more sustainable.

 In the context of Davao City, its population grew from 1 million in 1995 to 1,300,000 in 1999.  With this significant increase in population, we can validly infer that in some ways, we participate in this global concern regarding water shortages, pollution and environmental destruction.

 Just recently in fact, the city has been named as the most livable city in the Philippines.  Such title was engraved into the city’s reputation due to its good economic performance, low crime rate and other bases which makes all Davaweños proud.
 However, the city must not lose sight of its corresponding responsibility to sustain its reputation as the most livable city in the Philippines.  It must not also forget the consequences that these laurels will bring into the city.  And one of these consequences is its effect on the water resources of the city.

 Undeniably, Davao City Water District would claim that the city has enough water supply to sustain its needs.  Our geographical location is appropriate that we may have no problems when it comes tow water shortages.  But the issue on this matter is not only about water supply but also water quality.  With the continuing growth of the city’s development and population, do we have an assurance that our water resources will sustain our demands?

 Thus, it is imperative that the people of Davao and its government must look for solutions to prevent the harm that population growth and economic development might bring into the city.  For now, we might be in a comfortable and healthy environment, but if nothing is done to protect our environment and in particular the water resources, it might just take a few years to lose what have Davao City gained for many years of hardships.

 Thus, the next chapter of this paper will look into the features and objectives to one of the most concrete steps that our government has taken in to response to this challenge: Ordinance NO.5169.  Though such ordinance has yet been approved because of the controversies it encountered, it is worthy to look deeper into the ordinance to see its essentialities in relation to the future of Davao City.
 

CHAPTER II
WATER CODE OF DAVAO CITY
ITS FEATURES AND OBJECTIVES
 

The implementation of the National Water Code of the Philippines (P.D. 1067) is a breakthrough in the pursuit for the regulation of water usage in the Philippines.  Such law contemplates the aspiration of the constitution in preserving our natural resources in order to attain an ideal condition of a balance and healthy ecology.  The Code is an embodiment of the clamor of society for an equal distribution of potable water and the task of the government to preserve and conserve the remaining water resources in our country.

 However, every region in the Philippines has its own concern, and they vary in needs and wants depending upon their geographical location, local developments and way of life.  Hence, through these various conditions in every region, there is a need for a specific body of rules that will be suitable to the needs of every region.  P.D. 1067 provides for broad provisions with regards to the creation of a law within the local government unit for the regulation of water usage within its own locality.  For the reason that the P.D. 1067 is a dynamic law designed to adopt body of rules that would best cater to the needs of every local government unit in the Philippines.

 Therefore, it is of great concern to all the residents of Davao City to pass and enforce a localized water code that would best cater the needs and immediate concern within its locality.  Provided that it shall not be contrary to the Constitution and the pre-existing National Water Code.

Ordinance No. 5169 “an ordinance providing for a water resource protection and engagement code for Davao City and for
other purposes” contemplates the growing concern of Davaoneos for the regulation of water usage within its own jurisdiction.  It seeks to provide measures for the protection, conservation and management of the City’s water  resources.
 The ordinance has different objectives which it aims to accomplish and implement.  One of these objectives is to identify and declare certain areas within the territorial boundaries of Davao City such as but not limited to acquifers as water resource areas and protecting them from prohibited acts or activities.  The water resource areas are the following

a) Calinan to Dacudao
b) Calinan to Malagos
c) Ulas
d) Sirawan
e) All other areas as the Council may hereinafter identify and declare as water resource areas.
 

These water resource areas are the few remaining sources of clean and potable water use by residents and business establishments in Davao City.  This code seeks to specifically identify and declare these areas as water resource areas in order to protect the quality and quantity of the water, and to regulate such water usage.  Study would show us that water within these proposed areas are slowly diminishing in quantity and deteriorating in quality due to lack of regulation and pollutants.
This Code also provides for a body that will govern in the implementation of this Code which is known as the Davao City Water Management and Protection Council.  The Council defines and regulates the manner and extent of the use and utilization of water resources within the City’s territorial jurisdiction to protect them against all forms of pollution or ecological imbalance.  The Council is task to monitor, issue permit and regulate the usage of water provided that such acts or activities are performed within the proposed water resource areas.  Therefore, the powers of the Council to regulate and implement its own rules are limited within the bounds of the proposed water resource areas and other areas defined by the Council.  These areas are one of the primary sources the water in Davao City in which there should be a strict regulation with regards to its usage.  The regulation of such usage is being embodied by the Council through the issuance of a permit and providing for a measuring device in order to know exactly the specific amount of water being use by certain establishments.  Moreover, through the installation of metering system there would be a cut down in the usage and waste of water.

However, in light of all these objectives the approval of the said proposed ordinance is being put into hold, due to the legal impediments raised by the opposition.  These oppositions and objections shall be discussed in the next proceeding chapter.
 
 

CHAPTER III  a

 The enactment of Water Resource Protection and management Code for Davao City was objected by many of the City Councilors mainly because of its legal infirmities- being an exact copy of Presidential Decree 1067, The Water Code of the Philippines.  They pointed out that it contain provisions that are repetitious of the powers and functions of already existing government agencies such as the National Water Resource Board (NWRB) and Davao City Water District (DCWD).  Its consequent creation will lead to an encroachment of powers rendering it nugatory the laws creating these agencies.  Many of these councilors firmly stand that there is redundancy in office considering the similarity of functions with existing government units.

  The following are their specific objections:

1. The creation of Water Resource Management Council (WRMC) will usurp the authorities of various agencies concern:
a. WRMC will grab the powers of NWRB as to:
1. The authority to issue or grant permit to drill a free flowing or artesian well within the water resource areas;
2. The authority to issue clearance to any Resource Development Project;
3. The authority to grant permission to dump mine tailing or waste;
4. The authority to register all water well operators.
b. WRMC will also deprive the DCWD most of its important powers such as:
1. Designation of future water resource areas;
2. Inspection and approval of any measuring device to determine the volume of water withdrawn from the well;
3. Regulation of all Subdivisions or mass housing projects undertaken within water resource areas;
4. Authority to prescribe and collect rates and other charges from sewer services; and
5. Charging of water withdrawal.

Moreover, the DCWD has to submit metering devices to the WRMC for inspection and approval.   Even the drilling of wells made by DCWD is subject to the approval of the WRMC.  This requirement is absurd. DCWD which is composed of technical experts who have been for years engage in watering services has to seek approval from WRMC which is merely compose of politicians and political appointees.

2. The creation of WRMC will result in the abolition of agencies created by law.
An agency or instrumentality that is deprived of its significant roles that are the very reasons for its existence has the effect of abolishing the office. An  agency that is created by national law can only be abolished by another national law.  It cannot be abolished by a mere ordinance.

3. The creation of WRMC will create a redundancy in office considering the similarity of functions with existing government units.  A redundant office would not only mean a waste of money and time but also an additional burden to well drillers or operators. Such unhealthy scenario would give confusion to the smooth operation of and coordination among government units concerned.

4. The creation of WRMC will necessarily require appropriate funds for its full implementation. It is noted that almost all its functions are already performed by different government units, its birth would only mean a loss of money and effort.

5. The composition of WRMC is susceptible to changes.
Considering the fact that WRMC consists of some elective officials and political appointees, its composition is open to frequent changes. As such, it is very difficult for this office to obtain technical expertise on the matter.  The Supreme Court had once lamented on the inefficiency of an agency that run by a sea of politicians. Their decisions are oftentimes much influenced by their party affiliations, personal and political interests.

6. The Philippines have already enough national laws with regards to water use, preservation and conservation.  What is needed is the proper implementation and application of these laws locally.

Answer of the Proponent, Hon. Braga, as to the objections:

 1. They have been very careful in the drafting of the Code not to encroach on the national laws or whichever laws that would affect, or be affected. The Water Code of the Philippines is of national application, while the Water Code of Davao City is very specific a law for specific application. In a sense, it compliments the national law. The DCWD was included in the drafting which is a fact that will show that they respect and give due credence to DCWD. DCWD is a member of the council itself. The council will coordinate with DCWD, and even with other agencies of the government, like DENR.

  “This is a specific law favoring on a very specific concern of the City. Since the NWRB is in Manila, and it does not even have a single personnel in Davao and does not have an office in Davao, who can protect and implement the different provisions of the Water Code of the Philippines. They are up there and we are here and our water is right here. The first one who should really protect our water is our own selves because it is our water.”

   The proposed water ordinance talks about the conservation or preservation of water resources. The WRMC, according to the DCWD, is the duplication of the powers of DCWD as provided under sections 31,37,39 of PD 198. However, there is no clear indication how the powers of the DCWD are encroached by the WRMC except for the operation and distribution of water supply including the maintenance and operation and water wells collection and treatment.

  DCWD or Water District are mandated to administer or manage watersheds, same mandate does not extend to the Aquifer. Watershed and Aquifers are two different things. It is silent on the Aquifer. Watershed refers to the water catch basin while aquifer refers to the underground water reserves. The proposed ordinance deals mainly on aquifer.

  The creation of the WRMC does not usurp the authorities of NWRB to issue permits. The council will just require public consultation especially in situations where developmental activities are concerned and to be located on top of the aquifer.

  Under Art. 10, what is now required before drilling water wells is a clearance, no longer a permit. A clearance maybe different from a permit. The owner or the operator prior to any drilling operation or commencement to any activity in relation therefore shall submit to the council a sketch plan. This is required so that the council will be able to monitor the wells, we will have a good  monitoring process, and even inventory—this is necessary for us to be able to protect our water.

 2. The WRMC is in coordination with these concerned agencies. It has included the different agencies in the government to be in the Council itself. So its not to abolish them.

 3. The creation of WRMC is a complement to existing functions of line agencies. In drafting it, they are very careful not to step into the functions of different line agencies but in fact, to coordinate with them. The council complement and even hastens the implementation of their duties. This work is not for one government agency only. In protecting our water resource it has to be an inter-departmental agency work of function.

4. The creation of WRMC will necessarily require appropriate funds for its full implementation. To be able to do such important task of protecting, conserving and managing our water resource, it has to be funded.

 5. The composition of the council, the City Mayor who acted as Chairman, is the only politician member. The rest are all line agencies of the local government having technical expertise on the matter.
 

CHAPTER III   b

DIFFERENT ARGUMENTS OF THE CITY COUNCILORS WITH REGARDS THE WATER CODE

HON. TOMAS MONTEVERDE IV

Stand: Personally, I am very much concern of the continued contamination of the water aquifer of the city of Davao.  This is due to the unregulated human habitation in the known water aquifer areas. In Davao City, that is the broadly Dumoy area. For the past several years, the government has been allowing subdivisions, expensive and even low cost, in this area. Each house of the Subdivisions has its own sewerage system and sadly we only have the septic tank system and most of the time the septic tank system is not a guarantee for the non-contamination of our water table. Now the Water Code was proposed by Hon. Pilar Braga to minimize and preserve the water in our water aquifer. However, it went rough sailing because we discovered later that there are already enough national laws that dealt with water preservation, zoning and protection. And although I personally sympathize with her, I discovered from many lawyers and known authorities in Environmental Laws that if we may pass another law, it may come into conflict with the present national law governing the protection of our water resources. Again, we had several committee hearings, which attempted to enlighten and propose the options so we could come up with proper legislation to protect the water resources of the City. But we still have yet to be convinced if there is a need to pass another Water Code knowing very well that, most recently the prime sponsor of the Water Code, the Davao City Water District, has withdrawn its support citing the same legal arguments, namely that we have already enough laws that deals with the protection of our water resources.   As of now, I am inclined to vote in the negative unless of course, I would be convinced later on of the necessity of passing a new law. Anyway I will maintain my open-mindedness and I know very well that it is our duty to pass only laws that are essential and to preserve our welfare, in this case, to protect our environment.

HON. MYRNA DALODO-ORTIZ

Stand: The Water Code is a long standing and pending resolution to be approved by the City Council. Actually, there is an existing law with regards to the utilization of water supply on different cities of the Philippines. It is a national legislation. And that national legislation should be implemented here, locally. So, there are some provisions in the national legislation na gustong I- adopt ditto sa local. But with regards to utilization of the water supply, the national legislation should be followed. If there would be a Water Code here, it is a duplication of our national water code. My point is, the national legislation should be implemented and to be implemented by the Davao City Water District. I am not in favor with the resolution mainly because of duplication. Maybe some of the provisions need to be amended but not totally making another Water Code of Davao City.

HON. RENE GALOPE

Stand: I am for the approval of the Davao City Water Code only to protect the aquifer of the Davao City for our future generation. In fact, I assured the proponent, Councilor Pilar Braga that she has my 100% support. This ordinance is long overdue. It was vetoed by then Mayor Duterte due to some legal infirmities, but the committee of Councilor Braga had already corrected those infirmities. She is about to present or re-introduce it again in the floor in one of the regular sessions the amended version of the Davao City Water Code. Councilor Braga had solicited our comments or on what items to be modified or to be amended. Her committee is very busy now preparing the Davao City Water Code.   On my part, one of those things, which are to be amended, is the provision stating the prohibition of digging deep wells within the vicinity of a subdivision. It should be amended because there are subdivisions now within the aquifers, meaning, since they are already in place, they should no longer be disturbed, it is also unfair if we prohibit the digging of wells by subdivisions if the housing is already existing.

  That is my focus. The Davao City Water Code is very important not only for this generation but also for the next generation. As a whole I am 100% in favor. I think nobody will object with this very noble proposal geared toward protecting our water resources. One classic example is the City of Cebu, which draws water now from Bohol through underwater pipes, because they lack water resources. We have to protect it especially the free-flowing water system which is I think a waste of water resources. One of the salient points of the water code is to prohibit the use of free-flowing water system, which is flowing 24 hours or the whole year, the water flows non-stop. It is a waste and we do not allow that. Also the indiscriminate use of water by some industrial firm.

HON. SALVADOR CAINGLES

Stand:  The City Council as far as the proposed Water Code of Davao City, we are I think, in the majority not favorable to the passage of the Water Code because of so many questionable provisions, wherein it is in conflict with provisions stated in the Water District. It is in degradation to the Water District. I think there are some things to be done to be appropriate and acceptable to the City Council, especially with the articles, which creates another office. It is duplication and it adds more burdens.

HON. ISIDRO UNGAB

Stand:  In general in favor but with regards to provisions regarding the wells and permit issuance it is impractical because many are already using deep wells especially in the 3rd district area. There are also legal matters involve like the duplication of powers on national Water Code which I think if there would be a remedy, it can be passed. Yang spring, doon sa 3rd district, mag-hukay ka lang konti lalabas na ang tubig. It won’t matter naman, kasi residential areas. Doon sa law kailangan mo lagyan ng meter which is very impractical. If studied carefully, it is good because we need it but we cannot pass it unless there are some issues and legal questions unresolved.
 

CHAPTER IV
SUMMARY AND RECOMMENDATIONS

 It was not until three years ago that a group of concerned Davao City residents, headed by councilor Pilar Braga, orchestrated the convergence of concerns for the formulation of a law that would protect and manage our aquifer and regulate the use of one of our most precious resources --- water.  Said concerns were not just triggered by their individual ambitions to gain popularity but was rather ignited by the rising fact of the exhaustibility of such precious resources.

 A body was created, later known as the Core Management Group, and submitted a proposal aimed to pass an outline that would tend to prevent, if not to alleviate, the depletion and destruction of our water resources.  It was approved unanimously by the Davao City Water District (DCWD) and after which a Water Resource Management Code Project (WRMCP) came into existence.

 However, despite all the efforts made, former Mayor Rodrigo Duterte vetoed the ordinance for clear legal infirmities, one of which is the tendency to duplicate the provisions of an existing national law (P. D.1067).   After then Mayor De Guzman constituted a Task Force to revise the Code, with the DCWD’s management legal and technical people taking part in revising the Code which is now presently under deliberation and from which the DCWD Board withdrew its support later on.
 Strong objections raised in the council during the deliberation of the revised Water Code prompted the proponent to defer the passage of the ordinance for voting because of serious criticisms aired by opposing councilors and the DCWD.  The proponent’s fear of losing the ever precious ordinance also prompted her to seek alternatives and that is to first stabilize the shaky stand of her co-proponents and to pacify the outrageous objections of her colleagues before any move for the final passage of the ordinance could be undertaken.

 The Water Code, revised by the Task Force, embodies simple but significant features which includes (1.)  the identification of certain aquifers in Davao City and declaring them as “water resource areas”  to mean those areas identified as the location of principal source aquifers of Davao City containing huge volume of water available for appropriation;  (2.)  the enumeration of prohibited activities in said areas and providing for their penalties;  and  (3.)  the creation of Water Resource Protection Management Council (WRPMC) and providing for its powers in the implementation of the ordinance.

 It was these features that raged the incontrovertible conscience of many opposing Councilors.  Most expressed their strong objections that the consequent creation of the WRPMC will encroach the roles of the DCWD and the NWRB in particular, rendering nugatory the laws creating these agencies.  In line with the issue on permits, they also submitted points that are decisive to their objections especially with regard to the protection of property of public domain which is the primary responsibility of the State.  That although it is a declared policy under the Local Government Code that Local Government Units (LGU) shall have the power to create their own source of revenue and the right to a just share in national taxes and an equitable share in the proceeds of the utilization and development of the National Wealth within their respective areas, however, this grant of authority to the LGU does not extend to allowing the establishment of an agency that shall interfere with the boundaries of National Agencies.

 Also, assuming arguendo, that the creation of the WRMC will not confiscate to the powers of the existing government units, still its presence will create a redundancy in office considering the similarity of function with existing government units.  This unhealthy scenario would just give confusion to the smooth of and coordination among government units concerned.
 Another objection raised by the councilor is that, the composition of WRMC is susceptible to changes considering that the WRMC consists of some elective officials and political appointees.  As such, it is very difficult for this office to obtain technical expertise on the matter.  Also, the creation of the WRMC will necessarily require appropriate funds for its full implementation.  It is to be noted that almost all its functions are already performed by different government units, its birth would only mean a loss of money and effort.  Considering the present financial setback, the government has clearly set on its priorities.  It has tried to avoid spending money for a purpose that has no urgency for the moment.

 The contention in the proposed water resolution that the urgent need to protect our water is contrary to the seeming reality.   As one of the councilors in an interview opined,

“… our water is properly protected.  This is evident of the fact that our water has been rated as the second best water in the world. The DCWD deserves our admiration and respect.” While the DCWD has been supportive to the city council to any measure protecting our own environment, the foregoing objectionable features compelled said councilor to go against the proposed resolution. To quote again from the said councilor,” the purpose of the protection further of our environment is laudable, the City council, however, is not yet prepared to tolerate any measure that is confiscatory and would rather invite hoggling of powers between and among the government units concerned.

The enactment of the Water Code is yet to be realized.  Many opposed it on the ground that it is a mere reproduction P.D. 1067 without even making extra efforts to scrutinize it further.  If the proposed Water Code is indeed a mere reproduction of the National Law, there is no other alternative but to revise and revise it so as to make it conform with the needs of Davao City, without encroaching upon the functions and powers given by the National Law to the concerned authorities.

 Throughout the course of our study, it cannot be denied that P.D. 1067 is of national application while the proposed Water Code, spearheaded by Councilor Pilar Braga, is of specific or local application.  The former deals with the protection and management of watershed areas whereas the latter hinges its concerned on the protection and regulation of our underground water reservoir-----aquifers.  Also the necessity of securing drilling permits under the National Law refers to the administrative grants of permits for the appropriation of water, whereas, the Local Ordinance only seeks to regulate and prevent wastage of water through activities done within the areas declared by the WRMB as the principal source of underground water.
 Why is there a need to totally hold the enactment of the Water Code based on some legal impediments alleged therein if it could be cured by amendments, more so in the end it would still be the Dabaweneos who will benefit from it.
 Objections and criticisms should be taken without any personal or political motives.  The proposed Water Code should be viewed on its positive scenario as an instrument which will afford every Dabaweno to enjoy the abundance of water which might be lost in the end if not properly regulated or protected.

 Protection of our water is not only a concern of our Local Legislatures but for every one of us as our main responsibility not only for the enjoyment of the present generation but as well as the future generation yet unborn.

 We should be thankful that we have councilors and concerned citizens who painstakingly took time to spearhead the project.  Such project deserves commendation, as it is not easy to head a project surrounded by panels of oppositors.

 But the battle is not over yet.  Our group is of the opinion that local legislation of this stature must be discussed openly in public outside the halls of the city council so as to inform the public about its importance and significance in everyone’s life.

 Thus, we suggest that public hearings should be conducted in the baranggays of the city to be participated in by its local population.  In this manner, we are also able to educate them and allow them to take their respective responsibilities to protect and preserve the environment of the city.  Eventually, the responsibility of protecting our environment should be decentralized, so that the local communities would be able to effectively contribute for the general welfare of the city.

 Moreover, it is also important that if any governing body is to be created to supervise the implementation of any program of the environment, its membership must be composed of people coming from the various sectors of the society so that great exchange of knowledge and expertise could be made possible.

 And finally, as law students of this institution, we must take an active stand and participation in pursuit of justice for our city’s environment.  Our learning and experience in law school should not be limited in memorizing provisions and mastering jurisprudence, rather, it is imperative for us to partake into a cause that creates a greater good for the greater number of people in our city.

 Therefore, it remains to be a challenge for everyone of us in law school, that we must be vigilant about the issues that arise which concern our city.  And for that matter, because of the noble cause of Ordinance No. 5169 and the greater justice that it aims to achieve, it is encourage that we continue to lobby and request for good legislations from the city council such as this.  And with that, the GREEN JURIS can have a clearer picture as to how should it function in times like this.  That is, it must be true to its name, it must lobby for environmental legislations which it sees necessary and important for a cleaner and greener society, specially in Davao City.