Challenges of Water Governance in The Phils - FinalCopy - 05 - April - 2016
Challenges of Water Governance in The Phils - FinalCopy - 05 - April - 2016
1
College of Public Affairs and Development, University of the Philippines Los Baos and
National Academy of Science and Technology, College, Los Baos, Laguna, 4031, Philippines
2
College of Forestry and Natural Resources, University of the Philippines Los Banos,
College, Los Baos, Laguna, 4031, Philippines
3
College of Engineering, University of the Philippines Diliman and
National Academy of Science and Technology, Diliman, Quezon City, 1101, Philippines
4
College of Management, University of the Philippines Visayas, Iloilo City, Iloilo, 5000 Philippines
5
Gender Center, University of the Philippines Los Baos, College,
Los Baos, Laguna, 4031, Philippines
Using a multi-dimensional framework of governance, this paper analyzed the state of water
governance in the Philippines from the legal, organizational, and operational perspectives at
various governance levels. Data were taken from secondary sources and case studies done by
the authors. Results showed that the many legal documents for water are a source of confusion;
that water data for planning are inadequate; that there are numerous water agencies, these
are not connected vertically nor horizontally; and, that these various institutions do not have
sufficient human and financial resources and presence at the local level to be effective in their
mandates. The authors recommend: 1) to review the legal and institutional framework for
water; 2) to improve on planning and decision making mandates; and, 3) to study and implement
more participatory models of water governance fitted to the Philippine context.
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annual use of 400 cubic meters (m3) is only 12 percent considerably increased the effluents being discharged to
of the 3,360 m3 per capita renewable water resources water bodies. Domestic sewage has contributed about 52
in the area (Webster & Le-Huu 2003). Focusing on percent of the pollution load while industries account for
the Philippines, it was noted that the annual water use the remaining 48 percent (NSCB 2006). Other sources of
accounts for only 12 percent of available supply (FAO water pollution are inefficient and improper operation of
2002). Viewed in isolation, this figure tends to suggest landfills or incinerators and inadequate public cooperation
that the need to manage water use and conserve water on the proper disposal of sewage and solid wastes. Toxic
resources is not a pressing concern. red tide outbreak in Manila Bay occurs regularly, which
simply shows the extent of degradation of this resource.
However, several facts quickly dispel this notion in the Relatedly, available data also point to an increasing
case of the Philippines (Rola & Francisco 2004). First, incidence of water-borne diseases, such as typhoid and
the per capita water availability has been declining over paratyphoid, diarrhea, H-fever, malaria, schistosomiasis,
the years (Webster & Le-Huu 2003) brought about by and cholera (Rola & Francisco 2004). In sum, therefore,
increased water demand arising from economic growth the current state of water resources in the Philippines
and population increases and by decreased water supply should be a cause for concern among policymakers.
associated with degradation of watersheds in the country.
Given the above, this paper surveyed the literature to
Second, the data on aggregate availability are illusory in understand the current water governance environment
that they indicate the average supply per capita per year, in the Philippines guided by the frameworks developed
without regard to the distribution of available supply. True by Food and Agriculture Organization of the United
availability is contingent on time, place, quality, and cost. Nations (FAO) (2011) and by Malayang (2004). These
In terms of spatial differences across the country, the frameworks are discussed in Section 2. Section 3 discusses
projections for 2025 show that in a high-economic growth the results of the review on the state of water governance
scenario, the water balance, which is the difference in the Philippines; while Section 4 offers ways to move
between the amount of water resources potential and the forward. Section 5 contains brief conclusions and
water demand, will be negative for some regions in the recommendations.
Philippines due to rising water demand in Metro Manila.
All Mindanao regions have positive water balances (JICA/
NWRB 1998). In the low-economic growth scenario,
Central Luzon region is still projected to have a negative METHODOLOGY
water balance.
Analytical Framework
This same study shows that 17 of the 20 major river
Rogers & Hall (2003) define water governance as the range
basins in the Philippines will experience water shortage
of political, social, economic, and administrative systems
in 2025. This is projected to happen in the high-economic
that are in place to develop and manage water resources, and
growth scenario and on the assumption that there is no
the delivery of water services, at different levels of society.
water resources development program. The river basins
in the Luzon region will face the most serious shortages Araral and Yu (2013) argue that this definition is
by the year 2025. problematic because practically the entire literature on
water policy, economics, finance, politics, regulation,
Finally, the Philippine freshwater ecosystem faces severe
law, and management would fall under this definition.
problems of pollution and rising costs of potable water
To these authors, the mechanisms to develop and manage
supply. Surface water accounts for about three quarters
water resources are often not well specified and thus their
of freshwater supply, but many of the major rivers and
operational implications for research and governance
lakes, particularly those passing through or close to urban
reform are unclear. They provide an alternative operational
centers, are heavily polluted. Fifty of the major rivers are
definition of water governance in terms of various
now considered biologically dead, a term used to describe
dimensions of water law, policies, and administration that
places that no longer support any life form because of over
have been commonly regarded in the literature as important
pollution. While the main river systems in Metro Manila
determinants of performance. These include water rights,
are biologically dead, the siltation and chemical residues
pricing, decentralization, accountability, integration,
pose a serious problem to major lakes, including Laguna
private sector participation, user group participation, and
Lake, Lake Danao, Lake Lanao, and Lake Leonard (Rola
organizational basis of water management among others
& Francisco 2004). This situation shows that ensuring
(Araral and Yu 2013). Furthermore, according to the same
potable water supplies to households will become
authors, water governance has largely been studied in
more costly as water treatment requirements increase.
terms of disciplinary orientations. As a result, the literature
The increase in population and economic activities has
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has not evolved into a multi and inter-disciplinary agenda sectoral perspectives (multisectoral). In addition, because
despite the fact that water governance should be inherently concerns on water may conceivably include a number of
multidisciplinary in orientation. issues over its uses and features, it is multi-thematic as well
(that is, it covers a range of technical, social, economic, and
The framework used in this study deepens the multi- political concerns on water). The three- hierarchy, sectors, and
disciplinarity of water governance as proposed by Araral themes define a governance space, where water decisions or
and Yu (2013). It recognizes that water governance is actions occur, or which can be located at any given time (see
a very complex process, because of the nestedness and Figure 1). Further, Malayang (2004) also observed that water
interlocking set of decisions about water (Malayang 2004). decisions and actions are not events that occur by themselves,
Decisions about policies, laws, institutional structure, but are a product of complex competition and collaboration
incentives, and capacity development are made by a among institutions and their concerned constituencies in
multi-layer of decision-makers: national, regional, local, different hierarchies of governance. Institutions and their
and even ethnic authorities. constituencies will either compete or collaborate to address
The FAO (2011) framework used in the study expressed water concerns. While collaborative mechanisms maybe
governance according to principles and pillars. The instituted to accommodate the different interests over various
principles of governance include accountability, concerns, actors will nonetheless seek to have their interests
effectiveness, efficiency, fairness and equity, participation, upheld eventually. Thus, water decisions and actions are
and transparency. These principles can be expressed actually shaped by the dynamics of institutional competition
through three pillars. Pillar 1 includes policy, legal and and collaboration occurring within an area (not a point) in the
institutional regulatory framework. Pillar 2 relates to governance space (Malayang 2004).
planning and decision making processes. Pillar 3 relates This paper used the FAO (2011) model in the analysis of
to implementation, enforcement, and compliance. water governance in the Philippines, discussing each of
A second governance model which is a three-dimensional the pillars from the point of view of the multi-dimensions
model is expressed by Malayang (2004). He argued that water presented in the Malayang (2004) model.
decisions and actions in the Philippines are a product of the The variables under study can be classified as 1) policy,
interplay among multiple institutions operating in different legal, and institutional dimensions of Philippine water
hierarchies of authority (multilevel), and from different governance; 2) planning and decision making processes;
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and, 3) implementation, enforcement, and compliance for application of water permits and conditions of its use.
processes. These variables are studied across the governance It also sets charges per rate of withdrawal based on the
space in terms of hierarchy, sectors, and themes. permits. During periods of drought or water scarcity, the
Water Code prioritizes the use of water for domestic use,
followed by irrigation, and other uses.
Data Sources
Data were taken from secondary information, review The laws above can sometimes be conflicting. For
of related studies and two case analyses: the Metro instance, while the Water Code stipulates that the state
Iloilo Water District governance of the province of owns all the water in the country, the Indigenous Peoples
Iloilo, Philippines and the conflicts of the Mt. Banahaw Rights Act protects the rights of indigenous peoples with
water allocation in the province of Quezon also in the respect to resources contained in their ancestral domain.
Philippines. Therefore, water is not freely shared with the other
community members. The National Integrated Protected
Area System (NIPAS) Act provides for watershed
protection so water supply can be sustained. This overlaps
RESULTS AND DISCUSSIONS with the provisions of the Indigenous Peoples Rights Act.
Similarly, AFMA provides that all watersheds that are
Policy, Legal and Institutional Regulatory
sources of water for existing and potential irrigable
Frameworks
areas and recharge areas of major aquifers identified by
National Level the Department of Agriculture and the Department of
There are at least 8 legal frameworks that govern the water Environment and Natural Resources shall be preserved as
sector in the Philippines. These are the Presidential Decree such at all times,which is consistent with the NIPAS Act.
1067 Water Code (1976); Presidential Decree 198 Provincial
Water Utilities Act (1973); Presidential Degree 522 (1974) Local Water Governance
Prescribing Sanitation Requirements for the Travelling The Philippines legal framework allows some dichotomy
Public; Republic Act 7586 National Integrated Protected Area in terms of functions and jurisdiction in water resource
System Act (1992); Republic Act 8041 National Water Crisis governance. Local governance functions by the Local
Act (1995); Republic Act 8371 Indigenous Peoples Rights Government Units (LGU) include Community-based
Act (1997); Republic Act 9275 Clean Water Act (2004); and Forest Management, waterworks system and water quality
Republic Act 8435 Agriculture and Fisheries Modernization monitoring. The LGUs decisions and actions are still
Act (AFMA). According to the study of Hall et al. (2015), the bounded by powers at the national level. This has been
laws address several themes including: (1) legal treatment of a source of conflict between the national and local water
water resources (ownership, rights and distinction between governance.
types surface or ground and sectors/uses); (2) property
rights (basis, i.e. permits/license/franchise for collection Conflicts Between National Policies and Local Agree-
and distribution; private rights granted to individual versus ments in Provisioning Domestic Water Supply
collective; whether rights can be leased, transferred, recalled The current institutional regulatory framework is weak
by granting authority; right to water quality) and their in terms of clarity of purpose. For instance, the domestic
enforcement; (3) legalized inter-sectoral prioritization and water supply in Metro Iloilo (one of the city centers south
basis for prioritization; (4) legal linkages between land and of Metro Manila) is taken from a watershed that contains a
surface water, and between land and forest/environment; (5) smaller watershed which is a Protected Area and managed
inter-governmental responsibility on water law; (6) integrated by the National Government. On the other hand, this larger
treatment of water law with other laws on land, forest and watershed is managed by the locally organized Watershed
environment, and for water planning and development; (7) Management Board. This board is composed of more than
favorability to private sector and NGO participation in water 20 representatives of government, non-government, and
planning and development; and (8) openness to market academic institutions. Due to its sheer size, it is quite
solutions (as opposed to state/government ownership or difficult to really point out who is ultimately responsible
intervention). for the stewardship of this watershed. There is therefore
The Water Code of the Philippines (NWRB 1976) is the a need to clarify the relationship between the Protected
over- arching law that governs water access, allocation and Area Management Board of the smaller Watershed,
use. It stipulates rules on appropriation and utilization of established by an Act of the National Government, and
all waters; control, conservation and protection of waters, the Watershed Management Board, established under
watershed and related land resources; and, administrative the Local Government Code. In the meantime, this
and enforcement of these rules. It defines requirements issue poses challenges for the sustainability of the water
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supply in the province, manifested in the following: 1) settlers on its slopes have felt that while they are closest to
deforestation in the upper watershed, landslides, flooding the water resource base, their own supply from the water
or drying up of water source especially during the summer district is threatened by two phenomena: 1) diversion of
months (non-availability of water); 2) conflicts due to the supply to where demand is high, and 2) pricing of water
competing uses of the water; and, 3) degradation of the beyond the financial capability of many traditional users.
riverbed caused by sedimentation and quarrying which is The increasing pressure on the water resources of Mt.
improperly regulated. Banahaw has made it apparent that water is finite and has
a cost. It must therefore be managed for sustainable and
Conflict between ICCs and local governments in domes- equitable use by its many stakeholders.
tic water supply provisioning The indigenous hierarchy of uses of water in this area is
The current conflict for the rights to the use of water consistent with the Water Code of the Philippines except
between the indigenous cultural communities (ICC) and for one most important use in this village: water use for
the local governments (LGUs) representing the state is rituals or sacred activities by women (Table 1). The second
a concrete example of tensions in water governance in step in the hierarchy ladder is the household use which
the Philippines (Rola 2011). As example, ICC residing is also predominantly done by women. Men will also
near the mouth of the river and other water sources are use the water for gardening and other commercial-based
not willing to share the water for an LGU project on activities. The local government and institutions are just
rural water supply that is meant for lowland household one among the many users of the resource, according
consumption. The State enforced its stewardship of to the local people, who also say that there has to be a
natural resources citing the provisions of the Water local initiative to clarify the water allocation in the area.
Code that anybody can apply for a water permit for the According to the community members, the state rule from
use of the resource beyond household needs. While the the Water Code needs to be modified to accommodate
law provided public information about water permit the local priority water use, which is for spiritual needs.
application, mechanisms for doing this has not been
instituted. Thus, in practice, an entity securing a water Given the above, there seems to be no singular water
permit does not necessarily ask the permission of local
communities who use said resource. This practice runs Table 1. Hierarchy of water use in Mt. Banahaw, Philippines
counter to the customary laws and other national laws. Water Use Water Users
For example, as supported by the Indigenous Peoples
Ritual/Sacred Use Mostly Women
Rights Act (IPRA) of 1997 and implemented by the
National Commission on Indigenous Peoples (NCIP), Household Use Mostly Women
any use of resources within the ancestral domain of the House Use and Gardening Men and Women
IP should get permission from the community following Commercial/Industry Institutions/LGUs
the principle of free and prior informed consent or FPIC
(RA 8371).
policy to speak of but highly localized and perhaps
Conflicts on Water Uses: Sacred Use of Water versus politically-contingent legal bases varying from one area
Other Uses to the other.
This case showed the conflicts arising from the policy
of commoditization of water in the rural areas and the Planning and Decision Making Processes
customary water laws. Water is used differently in the
sacred area, mostly to meet spiritual needs of the locals National Level
and pilgrims. To respond to the increasing demand and competing use of
water, the Philippines has come up with a National Water
Ciudad Mistica is one dominant religious group in this Resources Management Master Plan based on a JICA/
municipality of sacred waters. This organization has NWRB 1998 study. The plan has two components: a)
become the water elite because they control the most development of water resources to meet increasing water
abundant water source in the area. The Ciudad Misticas demand; and, b) strengthening of the water institutions.
exclusive water access to this source and its members
relatively better position creates tension with other For purposes of planning, the NWRB, the regulatory
religious groups as water supply from other sources are arm of the Philippine government for water, has divided
decreasing. the country into 12 water resources regions. A water
resource region divides the country by hydrological
On the other hand, drawing water from the major water boundaries for comprehensive planning of water resources
reserves in Mt. Banahaw, in the province of Quezon, development. The Philippines has 343 principal river
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basins that have at least 40 square kilometers (km2) of Precisely because they are community based, customary
basin area. Of these, 20 river basins with at least 990 rules are inherently unique to the locality in which they
km2 of basin area are identified as major river basins. operate, they frequently entail complexities not found
These 20 major river basins account for 37.1 percent in formal systems that address more general principles
of the total land area of the country and 55.7 percent of and concerns.
the total area of the principal river basins (JICA/NWRB
1998). Politically, meanwhile, the country is divided Water governance in the Philippines needs to recognize
into 18 administrative regions. These, however, are not both sets of rules because as customary systems are
congruent with the water resource regions. As such, there undermined, they leave a void that statutory systems
is no administrative unit that manages the water resource are ill-equipped to fill, given the limited administrative
regions. The operationalization of planning at the water capacity in the country. There are cases where statutory
resource regions thus remains elusive, at best a plan. and customary systems co-exist in harmony and provide
a reasonable degree of stability (Rola et al. 2015).
Furthermore, the JICA/NWRB plan only considers the
physical aspect of water. Certain socio-cultural aspects In reality, there are 30 public sector agencies (national
can impair the plan. Customary rules still guides water and LGU-based) managing the water resources in
use in most places within the country as discussed the Philippines (Rola et al. 2012) (Table 2). Their
below. The formal system of water management used regulatory mandates cover water quality and quantity,
by the government is based on a paradigm where water resource, and water services. Institutional
water is priced and assigned rights to access. On the concerns as expected are also varied: water sanitation
other hand, indigenous communities perceive natural and quality, watershed management, integrated area
resources as a communal resource and an integral part development, data collection, flood management,
of their everyday life, culture, and traditions. Water is a irrigation, hydropower, water supply, research, and
central element in the varied and complex social relations cloud seeding. While not all are present at every locality,
of production and consumption within which conflicts the sheer number of potential actors and the assumed
between individuals and groups arise. Far from being plurality of mandates (no mandate is deemed a priority
clearly delimited and mutually exclusive, the customary over the others) make for serious political inertia in terms
and statutory are usually intertwined in complex mosaics of getting the job done (Hall et al. 2015).
of resource ownership systems (Cotula & Chuveau 2007).
Table 2. Fragmented and overlapping range of functions of key Philippine water-related agencies (Rola et al. 2012).
GOVERNMENT AGENCIES
N
A P
P A
Functional Area N L D L D O G M D M L
W W E G P D N C A D M I D M D L
R U N U W O I O S O S L O D O D
B A R S H H A R A F S G E A T A
Policy Planning
Data Monitoring
Scientific Modeling
Infrastructure and
Program Dev't
Operations of Water
Facilities
Regulatory Functions
Financing
Public Relations,
Capdev't and IEC
Local RBO Dev't
NWRB-National Water Resources Board; LWUA-Local Water Utilities Administration; DENR-Department of Environment and Natural Resources; LGUs-Local Government Units; DOH-Department
of Health; NIA-National Irrigation Administration; NAPOCOR-National Power Corporation; PAGASA-Philippine Atmoshperic, Geophysical and Astronomical Administration; DOF-Department of
Foreign Affairs; MWSS-Maninal Water-Metropolitan Waterworks and Sewerage System; DILG-Department of the Interior and Local Government; DOE-Department of Energy; MMDA-Metropolitan
Manila Development Authority; DOT-Department of Tourism; LLDA-Laguna Lake Development Authority. (Source: Tabios and Villaluna 2012)
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M A N U P A L I W A T E R S H E D
Lantapan Watershed Management
Figure 2. An example of a nested and interlocking water governance model (Rola 2011).
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mandate. Building institutional and human capacity for It is established on a local option basis and is classified
implementing regulatory laws remains a challenge. as a government-owned and controlled corporation
(GOCC). A WD is run by a five-man Board of Directors
NWRB confers water rights. But there is a large proportion through a General Manager. The members of the board
of water rights freely held by public institutions such as of Directors are appointed by the local government unit
that for irrigation and for domestic water supply, both in where it is located. In some instances, the WD board has
Metro Manila and the areas outside this metropolitan city. conflicts with the local government units, especially in
Also, several other agencies perform the various mandates instances that the water district is not effectively governed.
for water. For instance, the mandate of watershed Administrative weaknesses will actually impede the
conservation is with the Department of Environment and delivery of water to the clients.
Natural Resources (DENR), domestic water supply is
with the Local Water Utilities Administration (LWUA), One recorded case is that of the Metro Iloilo Water
irrigation water supply is with the National Irrigation District (MIWD). The MIWD, a waterworks system, has
Administration (NIA), and flood control management undergone several evolutions since it was established
is with the Department of Public Works and Highways in 1926 as Iloilo Metropolitan Waterworks (IMWW)
(DPWH). This problem of multiple institutions with authorizing the Provincial Government of Iloilo and
overlapping mandates came about because as one agency selected municipalities to be covered by the proposed
is established, the remaining agencies were not abolished. service area. From 1928 to 1954, the IMWW was
Elazegui (2004) highlights the high cost of coordination administered and controlled by the Provincial Government
given this set-up and the fact that some national agencies of Iloilo.
have no field presence in many localities.
In 1955, the administration of the IMWW was transferred
from the Provincial Government of Iloilo to the National
Local Level Waterworks and Sewerage Authority (NAWASA), a
As noted by Elazegui (2004), devolving watershed public corporation existing as an independent agency.
management functions from water districts to LGUs In 1971, the Iloilo waterworks system was under the
could be done through a presidential proclamation or administration of Metropolitan Waterworks and Sewerage
a Memorandum of Agreement (MOA) between the System (MWSS) during the creation of the MWSS
DENR and LGUs. Government owned and controlled and abolition of the NAWASA, and aimed for proper
corporations (GOCCs) could also be assigned to exercise operation and maintenance of waterworks system. This
jurisdiction and control over certain watersheds. They was also to insure an uninterrupted and adequate supply
must coordinate, however, with the LGUs in the localities and distribution of potable water for domestic and other
where their projects are to be undertaken. A MOA on purposes and the proper operation and maintenance of
project implementation could thus also be drawn up sewerage systems.
among the GOCCs and the LGU.
In 1973, Presidential Decree No. 198 was promulgated,
To implement projects, including those in small authorizing the formation of autonomous water districts
watersheds serving as source of potable water or irrigation and the creation of the Local Water Utilities Administration
to the community, a Memorandum of Agreement (MOA) (LWUA), a government corporation aimed at providing
has to be forged among national agencies concerned water districts financial, technical and skill-training
with the environment (DENR) and the interior and local assistance. In accordance with the provisions of P.D. 198, in
government (DILG) and the concerned local government 1978 there was a simultaneous turn-over of the waterworks
unit. Meanwhile, the Protected Area Management Board system from the MWSS to Iloilo City Government.
(PAMB), composed of the DENR, relevant LGU and NGO, Visualizing local water utilities as being locally-controlled
and a community representative, is mainly responsible for and managed while simultaneously receiving support from
the implementation of the National Integrated Protected the national government in the areas of technical advisory
Areas Act (NIPAS) at the local level. Co-management services and financing, the MIWD was established in 1978,
of certain watersheds supporting facilities of local water as GOCC. As GOCC now, the Board of Directors is the
districts has also been made possible through an agreement policy making body of the WD.
between NWRB and LWUA (Elazegui 2004).
Part of its functions is to hire the General Manager and
A Water Districts Saga: Weakness in Enforcement and personnel for the day to day operations of the WD. The
Compliance of Water Laws General Manager is responsible for the supervision and
A water district (WD) in the Philippines is a local control of the maintenance and operation of water district
corporate entity that operates and maintains a water supply facilities. But the cessation of water supply in Iloilo City
system in one or more provincial cities or municipalities. for three months in 2000, and the subsequent ongoing
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shortages during the following dry seasons up to the recent and fragmented water institutions in the country; 2) the
times due to non-existent flow in the river near the citys nested and interlocking mechanisms in spatial water
off-take, has generated controversy and arguments for governance; 3) conflicts between national policies and
MIWD over who and/or what has been responsible for local agreements; and, 4) conflicts between customary
the water shortage and what the solution is. rules and formal state laws.
On the water supply side, MIWD extracts its water supply Results showed that the many legal documents for water
from a river for domestic use through an intake dam with are a source of confusion; and water data for planning are
a capacity of about 30,240 cubic meters of water per insufficient. While there are a multitude of water agencies,
day. In 2002, a decrease in the volume of water in this these are not connected vertically nor horizontally. These
river and in another river was experienced resulting in various institutions do not have sufficient human and
shortage of potable water in its service area. Watershed financial resources and presence at the local level to be
degradation was blamed as one factor of this drying up effective in their mandates.
of the river. In the early 1980s, on account of its critical
role to the water supply of Iloilo City, MIWD assumed the The findings in this study reinforce previous studies that
responsibility of protecting the said watershed as part of governance depends to a large extent on the underlying
the franchise agreement. Unfortunately, MIWD was not economic and social conditions and that there is no one
able to protect the area effectively for there were about prescribed approach to governance that will work in
10,000 people maintaining farms within the reserved area all cases (Rogers 2002).The one size fits all economic
by 1992. This is the weakness in the compliance of the solutions are also inadequate (Sampford 2009). While
law, that reservation area should be maintained as a natural hierarchical governance seems to be the prevailing
park. This is beyond the MIWD mandate and within the arrangement in the Philippines, poly- centric governance
mandate of another national agency. Since then, numerous mechanisms (Ostrom 2009) may be contextually relevant.
watershed conservation projects and activities such as Instituting good water governance including responsive
tree planting and livelihood projects were implemented policy and institutional arrangements, appropriate planning,
in the watershed. However, these were uncoordinated and and effective implementation are the keys in addressing
unsustainable. water crisis in the Philippines. The following strategies are
In the meantime, legal issues and controversies have beset therefore recommended to move things forward:
the management and employees of MIWD relative to the
appointments of the Board of Directors (Lizada 2012). In
the General Administration, the concerns are as follows:
lack of Corporate Strategic Plans, ineffective budget RECOMMENDATIONS
process, absence of proper internal control mechanism,
low morale of employees, absence of staff development Review Legal and Institutional Framework
program, lack of personnel reward system, mismatch of The Philippine Water Code defines the legal framework
job requirements and hired personnel, non- availability for the extraction, allocation, and management of
of baseline information on assets, and lack of Corporate water resources in the country. A proposal for a central
Social Responsibility Program. In light of the experiences regulatory office has been studied. The National Water
of this WD, water decisions and actions are complex, Regulatory Board has also been transferred to the DENRs
ultimately affecting water service delivery. Thus, a need jurisdiction. At the local level, LGUs can establish water
for integrated and interdisciplinary approach is seen as councils or watershed authorities which may not require
imperative. legislative action.
There is proposal for an institutional body that will govern
the watershed unit for its water resources and other
environmental services. Since the watershed transcends
CONCLUSIONS
administrative units, the need to have a watershed council
Water is a basic human right. Yet many, especially the poor, or authority seems to be a move in the right direction to
have limited access to it even if annual available resources bring about a truly watershed-based water resource planning
far exceed total withdrawals. Inappropriate water governance and implementation. Such a legal mandate must define who
at various levels contributes to artificial scarcity. should have the power and how power and accountability
must be shared among the various entities with interest in
In discussing the major challenges for water governance
water resource concerns. It should also clearly define how
at the national and local levels, and from national to local
water must be shared among recognized users and what
levels, significant issues found were: 1) the multiple
priorities must be established across uses.
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A legal system of this nature must include a discussion of enabling environments, institutional arrangements
of the institutional requirements and accepted procedures and management instruments to enable the NWRMO
for determining new uses, reviewing existing uses, to implement a decentralized framework of good water
and resolving disputes on water access (UNESCAP governance at river-basin level. This would include
2000). Unfortunately, the lack of a comprehensive legal recommendations on the planning, development and
framework and unclear institutional responsibilities implementation of an integrated water resources
remain outstanding issues in the water governance in management (IWRM) approach based on quality data and
most developing countries, including the Philippines. An scientific analysis. Most importantly, the proposal features
institutional framework through which all water users will integrated and accurate data collection and analysis and
understand their roles is thus imperative. the use of scientific decision support systems for water
resources management including flood modeling and
warning system.
Improve Planning and Decision-Making Processes
There is currently a proposal to establish a central body to
manage water resources in the country (Tabios & Villaluna Study and Implement Participatory Water
2012) that has been submitted to the water sector agencies. Governance Models
This central body aims to be an efficient and effective Local communities are the frontline consumers of
agency to manage the countrys water resources and have environmental good and bad, resulting from either
a coherent decision-making process. Its proposed mission water resource rehabilitation or degradation. As such,
is to manage and protect the countrys water resources for it is in their best interest to be directly involved in the
domestic water supply, sanitation, irrigation, hydropower, governance of this resource. Their involvement in fact
fisheries, aquaculture, flood control, navigation, and can spell the difference between the success and failure of
recreation including the enhancement and maintenance governance efforts. Equating governance with government
of water quality, conservation of watersheds, control of is a common practice (ADB 1999). But governance is
water pollution, and environmental restoration without also about the way stakeholders in society shape their
compromising the natural ecosystem functions and relationships to order their affairs (Cleaver & Franks
services. Table 3 enumerates the functions of this proposed 2005). Local governments also play a major role in
agency. water governance. In the Philippines, local governments
are empowered to manage natural resources within their
The proposal is to strengthen the leadership and capacity spheres of influence and are in a position to make residents
of the National Water Resources Board (NWRB) and comply with best practices in water resource management.
transform the agency to a structure that will enable the
agency to become the management authority of the On the other hand, there is need for alternative
countrys water resources. The transformed NWRB, is strategies to deliver water to communities. Such good
fundamental to manage the countrys water resources, practice of cooperation and coordination among the
optimize the use of this resource and ensure water security different stakeholders in the water delivery in poor
for the different purposes/uses of water. urban communities was reported by one of the water
concessionaires in Metro Manila. This is a case of a private
In addition to sector governance, the priority policy sector-community partnership.
imperatives were also identified to facilitate the creation
Table 3. Major functions of the proposed national water resources management office.
1. Planning and Policy Recommendation 6. Regulatory Functions- economic and
resource regulation including extraction
and water permits, quantity, monitoring
and enforcement and conflict resolution
2. Data Collection and Monitoring 7. Water Economics Studies
3. Scientific and Decision Support Systems 8. P u b l i c R e l a t i o n s a n d C a p a c i t y
Development
4. Infrastructure and Program Development 9. River Basin Organization Development
5. Strategic Development of Water Facilities
and Operations
(Source: Tabios and Villaluna 2012)
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Vol. 144 No. 2, December 2015
The problem as stated is that the poor are most vulnerable customary land tenure systems in Africa. Retrieved
to limited water access because of their economic condition. from http://pubs.iied.org/pdfs/9305IIED.pdf. on 10
The solution is a community based strategy where the July 2012.
community participates in the water delivery services,
ELAZEGUI D. 2004. Water resource governance:
even becoming co-owners of the project, Tubig Para
Realities and challenges in the Philippines. In: Winning
sa Barangay (Water for the Community). Among their
the water war: Watersheds, water policies and water
engagements with the project was the establishment
institutions. Rola AC, Francisco H, Liguton JPT
of livelihood opportunities (a cooperative) where they
(eds). Makati City, Philippines: Philippine Institute
supply services for the maintenance of the water system.
of Development Studies and Philippine Council for
The report of the water firm in terms of impacts showed
Agriculture, Forestry and Natural Resources Research
high economic benefits for the community members and
and Development. p. 85104.
especially reduction in incidence of water borne diseases
and improved overall health and sanitation conditions (Rola [FAO] FOOD AND AGRICULTURE ORGANIZATION
& Francisco 2004). The biggest lesson in this case study OF THE UNITED NATIONS. 2002. Aquastat
is that with stakeholder participation, both the consumers database. Retrieved from http: //www.fao.org/ag/agl
and the suppliers benefit. This example shows that the /aglw/aquastat Accessed on 1 October 2014.
water governance can indeed be improved if programs are
[FAO] FOOD AND AGRICULTURE ORGANIZATION
inclusive, participatory, and community- based.
OF THE UNITED NATIONS 2011. Framework for
Assessing and Monitoring Forest Governance. Rome:
The Program on Forests. 36p.
ACKNOWLEDGEMENTS FRANCISCO HA, SALAS JC. 2004. Realities of
watershed management in the Philippines: The
Funding for paper preparation was sourced from the case of the Iloilo Maasin watershed. In: Discussion
Emerging Interdisciplinary Research Program (EIDR) Paper Series No. 2004-22. Makati City, Philippines:
of the University of the Philippines System (OVPAA Philippine Institute of Development Studies. 26p.
EIDR Code 2-003-121010). The authors also thank the
Philippines Department of Science and Technology- HALL RA, LIZADA JC, DAYO MHF, ABANSI CL,
National Academy of Science and Technology (DOST- DAVID ME AND ROLA AC (2015). To the last drop:
NAST) for organizing the Round Table Discussion to The political economy of the Philippine water policy.
discuss these important issues. The final manuscript Water Policy 17:946-962.
benefitted from research assistance of Ms. Aira Mendoza [JICA] JAPAN INTERNATIONAL COOPERATION
of the University of the Philippines Los Baos. A G E N C Y / [ N W R B ] N AT I O N A L WAT E R
RESOURCES BOARD.1998. Master plan study on
water resources management in the Republic of the
Philippines. Tokyo, Japan: Nippon Koei Co. Ltd. /
REFERENCES Nippon Jogesuido Sekkei Co., Ltd. 257p.
[ADB] ASIAN DEVELOPMENT BANK. 1999. LIZADA, J.C. 2012. Water Resource Management in
Governance: Sound Development Management. Practice: Iloilo Case Study. In: Roundtable Discussion
Manila, Philippines: ADB. 63p. on Water Rights and Water Wrongs: Toward Good
[ADB] ASIAN DEVELOPMENT BANK. 2007. Asian Water Governance for Development, Social Sciences
Water Development Outlook. Manila, Philippines: Division- NAST PHL, 26 January 2012; Hyatt Hotel
ADB. 66p. and Casino Manila, Philippines. 9p.
ARARAL, E., & YU, D. J. (2013). Comparative water MALAYANG BS III. 2004. A model of water governance
law, policies and administration in Asia: Evidence in the Philippines. In: Rola AC, Francisco HA, Liguton
from 17 countries. Water Resources Research 49(9): Winning the water war: Watersheds, water policies and
5407-5316. doi: 10.1002/wrcr.20414 water institutions. JPT (eds) Makati City. Philippines:
Philippine Institute of Development Studies, p. 5984.
CLEAVER F, FRANKS T. 2005. Water governance and
poverty: A framework of analysis. Bradford Centre [NSCB] NATIONAL STATISTICAL COORDINATION
for International Development (BCID) Research BOARD. 2006. Compendium of Philippine environment
Paper No.13. Bradford, BD7 1 DP, United Kingdom: statistics. Makati City, Philippines: NSCB. 447p.
University of Bradford. 18p. NATIONAL WATER RESOURCES BOARD (NWRB)
COTULA, L., & CHAUVEAU, J. P. (2007). Changes in (1976). Water Code of the Philippines and the
207
Philippine Journal of Science Rola et al.: Challenges of Water Governance in the Philippines
Vol. 144 No. 2, December 2015
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