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.

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.

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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

Deed of Donation was executed;Donor of Property Free Water Charge
For Family Home only; and
For domestic use only;
For domestic use only;Owner of Water Source Free Water Charge
For domestic purposes onlyOwner who allowed water facilities erected in their
properties Free of Minimum Water Charge

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.