The 1987 Constitution provides: “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State…” (Article 12, SECTION 2) On the question of who owns water resources, the Constitution gives a plain answer: The State. No private individual can therefore claim ownership of a water source even if the water flows from his land. The governing law is of course the Constitution and the Water Code of the Philippines (P.D. 1067) promulgated by then President Ferdinand Edralin Marcos Sr. This law consolidates or promulgates the rules or regarding the appropriation, control and conservation of water resources in the country. Article 6 of said law says: “The following waters found on private lands also belong to the States: a. Continuous or intermittent waters rising on such lands; b. Lakes and lagoons naturally waters rising on such lands; c. Rain water and falling on such lands; d. Subterranean or ground waters; and, e. Waters in swamps and marshes.The owner of the land where the water is found may use the same for domestic purposes without securing a permit, provided that such use shall have been registered, when required by the Council. The Council, however, may regulate such use when there is wastage, or in times of emergency.” The land owner where the spring is located therefore, has no right to say that the water flowing from his land is exclusively his. The water still belongs to the state but the Water Code allows him to use the water for domestic purposes. This does not however give him the right to prohibit the state to allow others to use the water. The Code also provides that: “Except as otherwise herein provided, no person, including government instrumentalities or government-owned or controlled corporations, shall appropriate water without a water right, which shall be evidenced by a document known as a water permit. Water right is the privilege granted by the government to appropriate and use water.” This permit is issued by the National Water Resources Board (NWRB) which shall specify the amount of water to be drawn or used by the permittee subject to the conditions to be specified by the NWRB. Meaning, a water permit does not give the permittee the exclusive right to use the water but in fact only a part of it as may be allowed by the NWRB. Indeed, water is a very important resource that it has become a magnet for conflicts or disputes. The selling of drinking water was something unthinkable some decades ago but it has now become a multi-billion peso business. Scientists have warned us on the depletion of potable drinking water due to massive forest degradation and other factors. It might not be too farfetched that the next major conflict or war will be on fresh water.
Negotiorum Gestio
Another Harry Potter spell? No. This is a concept in Civil Law which entitles someone who intervenes for another’s affairs...