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Barangay Ordinance No. 2011-20 “AN ORDINANCE ENACTING THE BARANGAY WATER SYSTEM
CODE
Barangay Ordinance No. 2011-20

“AN ORDINANCE ENACTING THE BARANGAY WATER SYSTEM CODE

OF DEL MONTE, ISLAND GARDEN CITY OF SAMAL, DAVAO DEL NORTE”

Sponsored by: Kgd. Joyce E. Caspe

Co-Sponsored by: ALL BARANGAY KAGAWAD

BE IT ORDAINED BY THE SANGGUNIANG PANGLUNGSOD OF THE ISLAND GARDEN CITY OF SAMAL

ON ITS REGULAR SESSION ASSEMBLED:

ARTICLE I – TITLE and DEFINITION OF TERMS

Section 1. TITLE. This Ordinance shall be known as BARANGAY WATER SYSTEM CODE of Del
Monte, Island Garden City of Samal, Davao del Norte.

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Section 2. DIFINITION OF TERMS. In this article, unless the context otherwise requires:

2.1. Basic volume charge means a monthly water charge per Ccm for all monthly water use;
2.2. Ccm means cubic meter;
2.3. Commercial means a customer classification of service wherein family units do not normally
reside and includes, but is not limited to, motels, hotels, rest homes, fraternal organizations,
laundries, service stations, bottling works, hospitals, restaurants, wholesale, retail and other
business establishments, governmental offices or organizations;
2.4. DMWS means the Del Monte Water System.
2.5. Director means the chief officer of the DMWS;
2.6. Manager means the manager of DMWS;
2.7. Industrial means a customer classification of services that use at least 1,000 cubic meter per
month for manufacturing purposes at one (1) geographically contiguous location or use Twenty
Thousand (20,000.00) cubic meter of water in any calendar year for manufacturing purposes at
one (1) geographically contiguous location.
2.8. Multi-family means a customer classification consisting of more than three (3) residential
units served by one (1) master meter.
2.9. Residential means a customer classification consisting of one (1) residential unit (single-
family) or two (2) or three (3) residential units (duplex-triplex) served by one (1) master meter.
2.10. Water facilities means booster plants, storage tanks, wells, pumping equipment, water
reservoir, P.E. pipes, distribution and service lines and all other appurtenances to a water system
other than meters.

ARTICLE II – CREATION OF DEL MONTE WATER SYSTEM, EXECUTIVE COMMITTEE,

WATER MANAGER, WATER DIRECTOR AND DEFINING ITS
R0LES AND FUNCTIONS, COMPENSATION AND RENUMERATION

Section 3. CREATION OF DEL MONTE WATER SYSTEM. There is hereby created a body to be
known as DEL MONTE WATER SYSTEM (DMWS) to manage the water system operation of the
barangay.

Section 4. NATURE OF EXISTENCE. The Del Monte Water System is a barangay entity under the
Office of Barangay Economic Enterprise and also under the general supervision of the Punong
Barangay.

Section 5. DEL MONTE WATER SYSTEM EXECUTIVE COMMITTEE. That there is hereby a body to be
known as Del Monte Water System Executive Committee (DMWSEC) which shall be composed of
the ff.:

Punong Barangay Chairman

Barangay Treasurer Co-Chairman
Members Barangay Kagawad
Chairman, Committee on Transportation and Public Utilities
Barangay Water System Manager
Barangay Water System Director
All Purok Chairperson
Representative from Home Owner’s Association

The Sangguniang Barangay may provide monthly honorarium to the Barangay Water System
Executive Committee members for the services rendered subject to availability of funds.
Section 6. BARANGAY WATER MANAGER. There is hereby created a position to be called as
Barangay Water System Manager (BWSM) to manage the water system services of the barangay.
The Punong Barangay shall appoint the Barangay Water Manager and whose term shall be co-
terminus with the appointing officer unless removed from office with or without a cause. The
appointment do not need confirmation from Sangguniang Barangay.

Section 7. DUTIES OF BARANGAY WATER MANAGER. The Barangay Water System Manager shall
perform the following acts, to wit:

7.1. Prosecute offenders of water system ordinances in the barangay;

7.2. Approve all water connection application;
7.3. Inspect and recommend for approval any water system requisition, repair, installation, plans,
and other water system improvement in the barangay; and
7.4. Exercise general supervision of the water system of the barangay;

Section 8. COMPENSATION AND RENUMERATION OF BWM. The Barangay Water System Manager
shall receive compensation and remuneration as fixed by the Sangguniang Barangay. However, it
shall be in no case that the compensation of BWM be less than One Thousand Pesos (P 1,000.00)
per month. The BWSM is also entitled to year-end bonus, cash gift, and other benefits as maybe
provided by Sangguniang Barangay.

Section 9. BARANGAY WATER SYSTEM DIRECTOR. There is hereby created a position to be called
as Barangay Water System Director (BWSD) to lead and oversee the water services of the
barangay. He shall have relevant experience to his duty as Barangay Water System Director.

Section 10. DUTIES OF BARANGAY WATER SYSTEM DIRECTOR.

10.1 The Barangay Water Director (BWSD) shall make frequent trips of inspection over all
pipelines and all other property used in or connected with the water department, and shall make
all repairs deemed necessary consistent with his duties;
10.2 He shall report violations to the Barangay Water System Manager;
10.3 He shall attend to and control the water supply and at all times see to the sufficiency
thereof. He shall notify the community, unless emergency requires otherwise, of the necessity of
shutting off any pipeline for the purpose of making repairs, extensions and connections, should
he have cause to expect or know beforehand the necessity to so shut off the water from any line
of the system;
10.4 In the performance of his duties as required by this article, he shall be subject at all times to
the action of the Barangay Water System Manager and such regulations, directions and
restrictions as the Punong Barangay and Sangguniang Barangay may from time to time prescribe;
10.5 He shall have general supervision over all charges and collections of water rents, pipe
tapping, building costs and over any and all amounts due or collected in the water system; and
10.6 The Barangay Water System Director, or other employees of the water system under his
supervision, shall make all water taps or service connections; however, in any street paving
improvement district such water taps or service connections may be included in the contract for
such street paving improvements, and such water taps or service connections may then be made
by the contractor under the direction of the water director.

Section 11. CONPENSATION AND RENUMERATION OF BWD. The Barangay Water System Director
shall receive compensation and renumeration as fixed by the Sangguniang Barangay. However, it
shall be in no case that the compensation of BWSD be less than One Thousand Pesos (P 1,000.00)
per month. The BWSD is also entitled to year-end bonus, cash gift, and other benefits as maybe
provided by Sangguniang Barangay.

ARTICLE III
WATER APPLICATION, SERVICE FEES, DEPOSITS AND OTHER CHARGES
Section 12. There is hereby impose rules in connection with water application, service fees,
deposits and other charges, to wit:

12.1 Water service connection shall be requested in person in the Office of Barangay Treasurer.
The DMWS, as a condition precedent to approving an application for water service to any
premises, shall collect all installation and other charges required by this chapter. All necessary
materials needed for the installation shall be on the account of the applicant;
12.2 There is hereby imposed and required a “water deposit” from an applicant for service in the
amount of Two Hundred Pesos [P 200.00] for family dwellings and Five Hundred Pesos (P 500.00)
for commercial and industrial. Deposits on commercial, multi-family or industrial applicants may
be held until the account is discontinued. The individual in whose name the deposit is made shall
be responsible for the payment of all bills incurred in connection with the service furnished. A
separate deposit may be required for each meter installed. Upon discontinuance of service for
non-payment of bills, the deposit will be applied by the barangay toward settlement of the
account. Upon reactivation of the account, another deposit may be charged; and

12.3 That there is hereby imposed Installation Fee in the amount of One Hundred Pesos [P
100.00] which shall be paid upon application for water service.

ARTICLE IV
OMNIBUS RULES AND REGULATIONS, AND PROHIBITIONS

Section 13. INSTALLATION, REPAIR BY INDIVIDUAL PROHIBITED. All water services shall be
installed by DMWS personnel as provided in this chapter. It shall be unlawful for any person to
install any such service or any part of such service, or to repair any service now existing or any
part thereof, from the water main to and including the meter, or disturb any street or alley in any
manner for the purpose of locating trouble or any other reason whatsoever.

Section 14. BARANGAY NOT LIBLE FOR DAMAGES. DMWS shall not be held liable for any damage
that may result from the shutting off or turning on of any supply pipe or main for any purpose
whatever, even should no notice have been given, nor for damages caused by any break or leak
on any water pipe inside of the curb, etc. All supply pipes to households or buildings should be
properly supplied with a suitable valve inside the property line, to ensure against the danger of
frost or bursts which may cause any damage. Such valve should be kept in good order and under
control of the consumer.

Section 15. TURNING ON WATER WITHOUT AUTHORITY. If any person shall, by false key or
otherwise, cause such premises to be supplied with water without the authorization of the
director of the DMWS, such person, and his aiders and abettors, shall be guilty of a civil infraction
and subject to the penalties under this Ordinance.

Section 16. AUTHORITY TO WITHOLD WATER FOR VIOLATIONS. The supply of water may be
withheld from all premises when the provisions of this chapter or the rules and regulations
adopted by the Punong Barangay and Sangguniang Barangay have in any manner been violated,
and the supply not again turned on except upon a rectification of the cause of withholding the
same and satisfactory assurance given that no further cause of complaint shall arise.

Section 17. WASTE OR UNREASONABLE USE OF WATER. It is declared that, because safe, high
quality potable water and reclaimed water are a precious resource, the general welfare requires
that the water resources available to the barangay be put to maximum beneficial use, and that
the waste or unreasonable use, or unreasonable method of use, of water be prevented. For the
purposes of this section, the person, corporation, or association in whose name the DMWS is or
was last billed or who is receiving the benefit of the water supply on the premises is presumed to
have knowingly made, caused, used, or permitted the use of water received from the DMWS for
in a manner contrary to any provision of this section.

17.1 The following uses are a waste or unreasonable use or method of use of water and are
prohibited:

• Allowing water to escape from any premises into public property, such as alleys or streets, or
upon any other person’s property;
• Allowing water to pond in any street or parking lot to a depth greater than one-quarter (1/4)
inch or to permit water to pond over a cumulative surface area greater than fifty (50) square feet
on any street or parking lot;
• Washing driveways, sidewalks, parking areas, or other impervious surface areas with an open
hose, or with a spray nozzle attached to an open hose, or under regular or system pressure,
except when required to eliminate conditions that threaten the public health, safety, or welfare.
This restriction does not apply to residential customers;
• Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve, or a
leaking faucet.

17.2 PENALTIES. Any person who violates any portion of this section is guilty of a civil infraction,
and shall be fined in the ff.:

a. First Offense P 200.00

b. Second Offense 300.00
c. Third and Subsequent Offense 500.00

Section 18. INTERFERING WITH, TAMPERING WITH WATER FACILITIES, REMOVING WATER IS
PROHIBITED. No person shall install any connection to any water pipes or shall open or close any
water pipe or valve connected with the DMWS of the barangay, or lift or remove the covers of
any gate valves or shut-offs, or tap into barangay main water pipes which may result in the
delivery of water, without a permit from the manager of the DMWS, or in violation of conditions
of a permit, except in case of fire, and then under the direction of officers of the fire department.

18.1 PENALTIES. Any individual or corporation violating the above provisions shall be fined in the
ff.:
a. First Offense P 300.00
b. Second Offense 500.00
c. Third and Succeeding Offense 1,000.00

Section 19. DAMAGING AND DEFACING WATER FACILITIES IS PROHIBITED AND IMPOSING
PENALTIES THEREOF. If any person shall destroy, deface, impair, injure or wantonly force open any
gate or door, or in any way whatever destroy, injure or deface any part of any engine house,
reservoir, standpipe, building or appurtenances, fences, trees, crops or fixtures or property
pertaining to the water system of the barangay, such person shall be guilty of a misdemeanour.

19.1 PENALTIES. Any individual or corporation violating the above provisions shall be fined in the
ff.:

1. First Offense P 500.00 plus cost of damage.

2. Second Offense 800.00 plus cost of damage.
3. Third and Succeeding Offense 1,000.00 plus cost of damage.

Section 20. USE OF DEVISE TO BYPASS METERING OF WATER STRICTLY PROHIBITED AND
IMPOSING PENALTIES THEREOF. (a) No person shall utilize any device or method of connection to
the water system, including without limitation, any spacer or straight line pipe connection, which
may result in delivery of any water to any person or property without passage of the water
through a water meter.

20.1 PENALTIES. Any individual or corporation violating the above provisions shall be fined in the
ff.:

a. First Offense P 500.00 plus cost of damage.

b. Second Offense 800.00 plus cost of damage.
c. Third and Succeeding Offense 1,000.00 plus cost of damage PLUS 200% of the
maximum billing cost of the previous month.

20.2 Whenever a device or method of connection is in violation of this section, the owner or
owners of the private property upon which any part of the violation occurs and the person who
installed the device or method shall be jointly and severally liable for the violation and for the
civil fine prescribed as punishment thereof.

ARTICLE V
RATES AND CHARGES

Section 21. AUTHORITY TO PRESCRIBED WATER RATES AND CHARGES. The authority to fix the
rates and charges for the use of water for consumers shall be established by the Sangguniang
Barangay, subject to change, revision and modification in their discretion.

Section 22. LIABILITY OF CUSTOMER OF RECORD OR PROPERTY OWNER FOR CHARGES. The
registered account owner or customer of record, as indicated in the water system records, is
responsible for paying all charges for the provision of water service to a property or premises,
regardless of whether the customer of record or another party has actually used the water
delivered to the property.

22.1 DMWS may elect to pursue collection of any outstanding charges from the owner of the
property if the customer of record does not pay for any outstanding charges. In such a case,
ownership of the property or premises shall be divulged in the application for water connection
in case if the premise is rented and the owner of the property shall be the co-maker of the
applicant for water service; and

22.2 If there is no customer of record or lessee by any reason, and a monthly meter reading
indicates usage of water at the property or premises, the owner of the property shall be
responsible for paying the water charges due.

Section 23. SERVICE CHARGE. Any person wishing to discontinue the use of water supplied from
the DMWS must give notice thereof at the office, or the charge for water will be entered until
such notice has been given. The charge for reactivation of water service or the transfer of water
service from one customer to another will be One Hundred Pesos (P 100.00).

Section 24. CHARGE FOR WATER SERVICE. Charges for water utility service shall be made at
monthly intervals and shall, to the extent possible, be consistent with the policy for charging for
water in direct proportion to the cost of securing, developing and delivering water to the
customers of the barangay water system. Water charges will be computed through the
summation of service charge and the monthly water use charge.

Section 25. MONTHLY WATER SERVICE CHARGE. For the purposes of computing monthly water
charges:

25.1 The monthly service charge shown in the following table applies to all customer classes. The
fee shall be charged PROVIDED water is provided.

Service Size (inches) Basic Monthly Service Charge

Minimum
1/2 100.00
5/8 150.00
1 200.00

25.2 Monthly water use charges in addition to the service charge shall be applicable to each
service connection and shall be per Ccm and vary with customer classification and volumes used
according to the following table:

RATE SCHEDULES BY CUSTOMER CLASSES

Residential
Single-Family/Multi-Family Basic Volume Charge
Minimum [10 ccm] Excess per ccm
1-3 100.00 10.00
4-6 120.00 12.00
7-10 150.00 15.00
Communal 200.00 20.00
Commercial 200.00 20.00
Construction Water 300.00 30.00
Industrial 500.00 50.00

25.3 DMWS is authorised to impose surcharge in addition to the service charge and water use
charges for all customer classes and apply to all monthly water use at the rate of Five cents
(P .50) per Ccm in case of default of monthly bill payment.

Section 26. CHARGES FOR INSTALLATION OF WATER SERVICE CONNECTION. There shall be an
installation charge for all water service connections.

26.1 Charges for the installation of a metered water service connection, including the service line,
the meter, and pavement replacement, shall vary with the size of the meter installed according to
the following table:

Size of Meter (inches) Charge

1/2 100.00
5/8 150.00
1 200.00
Note: Labor not included and varies the scope of installation.

Multiple Meters Charge

2-3 200.00
3-6 400.00
6-10 600.00
Note: Labor not included and varies the scope of installation.

26.2 Charges for the installation of multiple 5/8″ and “1” metered water service connections at
the same location, including the service lines and the meters, which do not require pavement
replacement shall vary with the number of connections according to the following table:

No. of Meters Charge

2-4 300.00
4-8 500.00
8-12 800.00
Note: Labor not included and varies the scope of installation.
26.3 Charges for relocating an existing meter at the customer’s request shall be in accordance
with the following table:

Size of Meter (inches) Charge

1/2 100.00
5/8 200.00
1 300.00

26.4 A customer who cancels any new service installation will be charged a fee of Fifty
Pesos (P 100.00);
26.5 Charges for uncommon service installations or rare aspects of common installations
shall be based on estimated actual costs and provided in a written quotation to the
applicant;
26.6 When a major component of an installation must be replaced with a more costly
version of the component (such as a concrete meter box being replaced with a cast
iron meter box), the applicant shall be informed of the replacement and charged for
the more costly version; and
26.7 When a customer drills their own well, as allowed by law, the customer will be charged
a fee of Three Hundred Pesos (P 300.00) to disconnect from the utility’s water
system.

Section 27. SYSTEM EQUITY AND AREAS SPECIFIC FEES.

27.1 A system equity fee shall be charged for connections to the potable system. The system
equity fee recovers the infrastructure costs incurred to provide capacity to serve new users. The
system equity fee will be reserved and shall be spend solely for improvement of water system.
Separate recording of fee proceeds and uses will be maintained.

27.2 A system equity fee shall be charged for potable metered connections to the water system.

Size of Meter (inches) Charge

1/2 5.00
5/8 15.00
1 20.00

27.3 Charges for replacement of an existing meter with a meter of larger size shall be computed
based on the incremental difference between the system equity fee for the respective meters at
the time of filing the application for meter change-out. No refunds will be credited for
replacement of an existing meter with a meter of smaller size.

27.4 The director may recommend imposition of an area-specific water development fees to
recover the capital costs associated with the design and a construction of a water supply system
for specific water service areas.
Section 28. TEMPORARY SERVICES AUTHORIZED, CONDITIONS; RATES. For temporary services to
circuses, fairs, camps and construction works, etc., the temporary nature or limited duration of
which enterprise is known in advance, and also to operations of a speculative exploratory
character or of a doubtful permanence, the water utility will, if in the opinion of the director or
manager of the water system the furnishing of such service will not work an undue hardship
upon it or its then existing consumers, furnish such temporary service under the following
conditions:

28.1 The applicant for such temporary service shall be required to pay to the water utility the
cost of installing and removing any facilities necessary in connection with the furnishing of such
service by the utility;
28.2 Each applicant for temporary service may be required to deposit with the water utility a sum
of money equal to the estimated amount of the water utility’s charges for such service, or to
secure otherwise, in a manner satisfactory to the water utility, the payment of any bills which
may accrue by reason of such service so furnished or supplied;
28.3 Nothing in this section shall be construed as limiting or in any way affecting the right of the
water system to collect from the consumer any other or additional sum of money which may
become due and payable to the water utility from the consumer by reason of the temporary
service furnished or to be furnished hereunder; and
28.4 Actual water used shall be charged for at the above rate.

Section 29. CHARGE WHEN METER NOT REGISTERING PROPERLY.

29.1 In the event any water meter has failed to register the water used, the charge for water
service shall be based on the average consumption for the previous three (3) months, or the
same amount as was used in the same month or period for the year preceding, whichever is the
higher amount.

29.2 When the accuracy of a water meter is questioned by the consumer, the DMWS shall cause
an official test to be made upon payment by the consumer in the amount of One Hundred Pesos
(P 100.00). For testing 5/8 or 1 inch or larger meters, the charge shall be Two Hundred Pesos (P
200.00).

29.3 If, upon completion of the official test, it is found that the meter is registering over three (3)
percent more water than actually passes through at any flow, another meter will be substituted
thereof, and the fee charge for such test will be refunded to the applicant AND SHALL BE
CREDITED TO THE NEXT BILL. An adjustment for a period of three (3) months prior to the test will
be made on the basis of the percentage the meter is over-registering.

Section 30. CHARGE WHEN METER IS REMOVED. Whenever a meter has been removed for any
cause for more than thirty (30) days, the director may fix a flat charge based upon the average
charges for the previous three (3) months, or the same amount as was charged during the same
month or period the year preceding, whichever is the higher amount.
Section 31. CHARGE FOR WATER USED FOR PUBLIC WORKS OR IMPROVEMENTS. In addition to
the rates established by this article, the DIRECTOR OR MANAGER is hereby directed to charge and
collect for all water used by any person performing any street improvement or other public work
contract with the barangay SUBJECT TO THE APPROVAL OF THE BRGY. COUNCIL.

Section 32. CHARGES FOR WATER USED IN FLOODING EXCAVATIONS. The manager or director of
DMWS is hereby directed to charge and collect a reasonable amount for all waters used by any
person in flooding trenches and other excavations which have been made or dug in the
construction of any sewers, manholes, pipelines, gas mains, telephone or electric light conduits in
the barangay and the rate to be so charged shall be fixed by the director or manager of DMWS.

Section 33. WATER CHARGES WHEN NOT OTHERWISE PROVIDED. Any and all water consumption
not specifically mentioned or provided for in this article shall be charged by special rate, to be
assessed by the director or manager of the DMWS and shall be approved by the Punong
Barangay.

Section 34. LIABILITY FOR CHARGES WHERE ONE SERVICE PIPE SERVES MULTIPLE DWELLINGS.
Whenever a service enters upon any property its branches and extensions pass through the
bounds of such property for the purpose of furnishing a supply of water to any adjoining
property, the property upon which the service first enters shall be charged for the water
furnished by any and all branches, extensions, etc., of the service and should a meter be installed
upon such service, the rate for water shall be assessed to the property first named or the
property owner on record.

Section 35. WHEN AND WHERE BILLS DUE AND PAYABLE. Water rates are due and payable every
10th day of the month at the office of the Barangay Treasurer upon determination of the amount
of charge for the water rate.

Section 36. DISCONTINUING SERVICE FOR NON-PAYMENT OF WATER BILL; CUSTOMER RIGHTS TO
DISPUTE ACCOUNT BALANCE.

36.1 Discontinuing service for non-payment.

(a) If a customer failed to pay account balance within two months and if that balance has been
outstanding for thirty (30) days, the customer shall be given written NOTICE OF DISCONNECTION.
When Notice of Disconnection has been served, no partial payment is allowed. This notice shall
also inform the customer of the right to dispute the balance and the notice shall further state
that the customer has seven (7) days from the date of the written notice to contact the DMWS if
the customer wishes to dispute the balance before the Punong Barangay;
(b) If no payment has been received within seven (7) days following the written notice, the water
supply shall, without further notification, be turned off, the meter locked, and a delinquent
service charge shall be assessed on the customer’s account equivalent to fifty cents (P .50) per
Ccm. However, if the customer is disputing the water bill, water service shall not be turned off
until, or unless, the customer’s dispute is found to be without merit by the hearing officer and/ or
the Punong Barangay; and
(c) If a customer whose meter has been locked has not paid within an additional thirty (30) days,
the customer’s account shall be terminated. Prior to re-establishing service, the full account
balance shall be paid.

36.2 Customer right to dispute account balance.

a) Customers objecting to the actions, policies, or decisions of the DMWS with regard to water
system service billing may informally appeal to the Office of the Barangay Treasurer in person;
b) The Barangay Treasurer, in coordination with water manager and director, will attempt, in a
timely manner, to resolve the situation;
c) If the problem is not resolved by an informal appeal, the customer shall be advised to elevate
the case to the Office of Punong Barangay;
d) The Punong Barangay shall appoint a “hearing officer” from among the Sangguniang Barangay
members to resolve customer billing disputes. For any particular dispute, the hearing officer shall
have had no previous involvement with the customer’s case. In the event that such involvement
exists, the Punong Barangay shall designate another hearing officer;
e) This hearing officer shall be authorized to make a decision as to the validity of the customer’s
dispute, and, if the customer’s dispute is found to be valid, shall also be authorized to make the
appropriate corrections to the customer’s account, including the potential removal of delinquent
service charges;
f) If the hearing officer requires a more complete set of facts than can be gathered at the time of
the hearing, the officer shall make whatever investigation is necessary before rendering a
decision;
g) The customer’s water service shall not be terminated until and unless the hearing officer
completes the investigation and finds the customer’s dispute to be without merit. However, the
hearing process does not relieve the customer of the obligation to pay water bills. The customer
must continue to pay in a timely manner, all water bills received or be subject to delinquent
service charges should the account balance exceed two (2) months;
h) (H) The hearing officer shall be given 15 days to resolve the disputes; and
i) The hearing officer’s determination regarding disputed customer account balance is appealable
at the Office of Punong Barangay.

Section 37. RESUMING SERVICE AFTER DISCONTINUED FOR NON-PAYMENT OR VIOLATIONS. In no

case shall any individual or plumber turn on the water supply when the supply has been turned
off for non-payment of amounts owing on the customer’s account or for any other cause
referenced in Section 36. All water service that has been turned off by the water utility shall be
turned on again solely by the DMWS.

37.1 If the utility has removed the customer’s meter to prevent illegal use of water after the
customer’s account had been terminated for delinquency or any other cause, the customer shall
pay One Hundred Pesos (P 100.00) to have the meter reinstalled, in addition to any other
outstanding balance on the customer’s account, before the DMWS restores water service to the
customer.
ARTICEL VI
EMERGENCY WATER CONSERVATION RESPONSE.

Section 38. APPLICATION. This article establishes a barangay emergency water conservation
response plan.

Section 39. DECLARATION OF POLICY. It is hereby declared that, because of varying conditions
related to water resource supply and distribution system capabilities, it is necessary to establish
and to enforce methods and procedures to ensure that, in time of emergency shortage of the
local water supply, the water resources available to the barangay are put to the maximum
beneficial use, that the unreasonable use, or unreasonable method of use is prevented, and that
conservation of water is accomplished in the interests of the customers of the DMWS and for the
public health, safety, and welfare.

Section 40. APPLICATION.

40.1 This section applies to all barangay water customers who own, occupy, or control water use
on any premises;

40.2 No person shall make, cause, use, or permit the use of water received from the DMWS for
residential, commercial, industrial, governmental or any other purpose in any manner contrary to
any provision in this article; and

40.3 Mandatory emergency conservation measures shall be implemented based upon the
declaration of an emergency.

Section 41. DECLARATION OF WATER EMERGENCY AUTHORIZED. The Punong Barangay upon
concurrence by majority of Sangguniang Barangay members and upon the recommendation of
the manager and director of the DMWS is hereby authorized to declare a water emergency and
to implement mandatory conservation measures as set forth in this section.

Section 42. IMPLEMENTATION, TERMINATION.

42.1 The manager and director of the DMWS shall develop guidelines which set forth general
criteria to assist the Punong Barangay and the Sangguniang Barangay in determining when to
declare a water emergency. Upon declaration of a water emergency, the DMWS manager shall
report in writing to the Punong Barangay and the Sangguniang Barangay providing the reasons
for and expected duration of such emergency and describing implementation of emergency
water conservation measures; and

42.2 Upon the cessation of the condition or conditions giving rise to the water emergency, or
upon majority vote of the Sangguniang Barangay, the Punong Barangay shall declare the water
emergency terminated. Upon such termination, the mandatory conservation measures shall no
longer be in effect.

Section 43. MANDATORY EMERGENCY WATER CONSERVATION MEASURES. Upon declaration of a

water emergency and notification to the public, the following mandatory restrictions upon non-
essential uses shall be enforced:

43.1 Washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved
areas with water from any pressurized source, including garden hoses, except to
alleviate immediate health or safety hazards, are prohibited;
43.2 The outdoor use of any water-based play apparatus connected to a pressurized source
is prohibited;
43.3 Operation of water cooled space and equipment cooling systems is prohibited;
43.4 Restaurants and other food service establishments are prohibited from serving water to
their customers, unless water is specifically requested by the customer;
43.5 Operation of outdoor misting systems used to cool public areas is prohibited;
43.6 The filling of swimming pools, fountains, spas or other exterior water features is prohibited;
and
43.7 The washing of automobiles, trucks, trailers and other types of mobile equipment is
prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles
requiring frequent washing to protect public health, safety and welfare.

Section 44. VARIANCES. The DMWS manager or director is authorized to review hardship cases
and special cases within which strict application of this chapter would result in serious hardship
to a customer. A variance may be granted only for reasons involving health, safety or economic
hardship. Application for variance from requirements of this section must be made on a form
provided by the manager or director.

Section 45. VIOLATIONS. (a) In the event of any violation of this article, a written notice shall be
placed on the property where the violation occurred and a duplicate mailed to the person who is
regularly billed for the service where the violation occurs and to any person known to the DMWS
who is responsible for the violation or its correction. Such notice shall describe the violation and
order that it be corrected, ceased or abated immediately or within such specified time as the
water system determines is reasonable under the circumstances and shall contain a description
of the fees and penalties associated with such violation. If such order is not complied with, the
DMWS may forthwith disconnect the service where the violation occurs. A Five Hundred Fifty
Pesos (P 500.00) fee shall be imposed for the reconnection of any service disconnected pursuant
to non-compliance, which shall be in addition to other fees or charges imposed by this Ordinance
for disconnection of service.
(b) In addition to being grounds for discontinuation of service, violation of any provision of this
Ordinance shall be a civil infraction. An individual or corporation found violating provisions of this
section shall be assessed a civil penalty of One Thousand Pesos (P 1,000.00).

Section 46. ENFORCEMENT. The Punong Barangay in coordination with Sangguniang Barangay,
water system manager and director, purok chairman and officials shall enforce the provisions of
this section.

ARTICLE VII
DROUGHT PREPAREDNESS AND RESPONSE PLAN.

Section 47. PURPOSE. This article establishes a barangay drought preparedness and response
plan.

Section 48. DECLARATION OF POLICY. It is hereby declared that, because of varying conditions
related to water resource supply and distribution system capabilities during drought, it is
necessary to establish and to enforce drought response stages and drought response measures to
ensure that the water resources available to the barangay are put to the maximum beneficial use;
that unreasonable use, or unreasonable method of use is prevented; and that conservation of
water is accomplished in the interests of the customers of the barangay and for the public health,
safety, and welfare.

Section 49. APPLICATION.

49.1 This article applies to all water customers who own, occupy, or control water use on any
premises in the barangay;
49.2 No person shall make, cause, use, or permit the use of water received from the water
system for residential, commercial, industrial, governmental or any other purpose in
any manner contrary to any provision in this article; and
49.3 Mandatory drought response measures shall be implemented based upon the
declaration of drought response stages.

Section 50. DECLARATION OF DROUGHT RESPONSE STAGES, IMPLEMENTATION, TERMINATION.

50.1 Stage 1 or Stage 2 drought response will be declared by the Punong Barangay on the
advice of the manager and director. A Stage 3 or Stage 4 drought response will be
declared by the City Mayor, City Council, or any authorized national office;
50.2 The manager and the director shall develop guidelines which set forth general criteria to
assist the Punong Barangay and Sangguniang Barangay in determining drought response stages;
50.3 Following the declaration of any drought response stage, the DMWS will implement
appropriate response actions, including but not limited to public notification and
various drought response measures; and
50.4 The manager and the director will continually monitor drought conditions and promptly
recommend that the drought stage level increase if conditions worsen. Similarly, the
manager and the director will advise the Punong Barangay and Sangguniang Barangay
to rescind Stage 1 or 2, or to recommend termination of Stage 3 or 4, if warranted by
lessened drought conditions.

Section 51. TRIGGERS FOR EACH DROUGH RESPONSE STAGE. Each drought response stage will be
triggered by specific conditions related to the El Nino phenomenon:
(a) Stage 1 trigger: A continues absence of rains for at least fourty five (45) days;
(b) Stage 2 trigger: A continues absence of rains for at least three (3) month;
(c) Stage 3 trigger: A continues absence of rains for at least five (5) month;
(d) Stage 4 trigger: A continues absence of rains for at least seven (7) months and above;

Section 52. RESPONSE ACTIONS FOR EACH DROUGHT RESPONSE STAGE. Upon declaration of a
drought response stage, the manager and director shall be authorized to implement and enforce
any or all of the drought response measures for a specific drought response stage as maybe
adopted by the Sangguniang Barangay in coordination with the DMWS Executive Committee.

Section 53. VARIANCES. The manager and the director are authorized to review special cases
within which strict application of this chapter would result in serious hardship to a customer. A
variance may be granted only for reasons involving health, safety or economic hardship.
Application for variance from requirements of this article must be made on a form provided by
the manager or director.

Section 54. VIOLATIONS.

54.1 Violations of this article will result in a written notice placed on the property where the
violation occurred. A duplicate will be mailed to the person who is regularly billed for the service
where the violation occurs and to any person known to the water system who is responsible for
the violation or its correction. The notice will describe the violation and order that it be
corrected, ceased or abated immediately or within such specified time as the department
determines is reasonable under the circumstances. The notice of violation will contain a
description of the possible fees and penalties associated with said violation. If the order is not
complied with, the water system may disconnect the service where the violation occurs and the
then current disconnection charge will be applied to the customer account. Reconnection of any
service disconnected for non-compliance will require payment of the then current complete new
service connection charge in addition to other fees or charges imposed by this Ordinance for
disconnection of service; and
54.2 In addition to being grounds for discontinuation of service, violation of any provision of this
article shall be a civil infraction. An individual or corporation convicted of violating provisions of
this section shall be assessed a civil penalty of One Thousand Pesos (P 1,000.00).

Section 55. ENFORCEMENT. The Punong Barangay in coordination with Sangguniang Barangay,
water system manager and director, purok chairman and officials shall enforce the provisions of
this section.

ARTICLE VIII
SPECIAL PRIVILEGE

Section 56. LAND OWNERS WHO ALLOWED OR DONATED PROPERTIES WITH DMWS.
Category Special Privilege Conditions
Donor of Property Free Water Charge  Deed of Donation was executed;
 For Family Home only; and
 For domestic use only;
Owner of Water Source Free Water Charge  For domestic use only;
Owner who allowed water facilities erected in their properties Free of Minimum Water Charge 
For domestic purposes only

Section 57. TERMINATION OF SPECIAL PRIVILEGE. This special privilege shall be extinguished in
the following manner, to wit:

57.1 When the donor dies;

57.2 Sale of family home;
57.3 Sale of Land where the water source is located; and
57.4 When the land where the facilities is erected was rented by DMWS.

Section 58. SELLING OF WATER. Selling of water is allowed under these conditions, to wit:

58.1 Sale by owner of water source to defray Annual Property Tax expenses; and
58.2 Sale by individual water applicant under commercial rate.

SECTION 59. EXEMPTIONS.

59.1 All facilities of barangay government such as barangay hall, health center, day care center,
nutrition center, and other barangay facilities shall be free of water charge; and
59.2 All employees of Del Monte Water System shall be free of the minimum charge and shall pay
the excess thereof. Provided, however, that they are not considered as multifamily dwellings.
CHAPTER IX
FINAL PROVISIONS
SECTION 60. SEPARABILITY CLAUSE. If any portion or provision of this Ordinance is declared
unconstitutional or invalid, the other portions or provisions hereof, which are not affected
thereby, shall continue in full force and effect.

SECTION 61. Effectivity. This Ordinance shall take effect in accordance with the provisions of the
Local Government Code of 1991.
ENACTED AND APPROVED this MAY 2, 2011.

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