Rainwater that falls inside a private property is owned by the government, according to the Public Attorney’s Office (PAO).
PAO chief Persida Rueda-Acosta, during her MAYBATAS#PALA program, stressed that PAO is not only the defender of the aggrieved but also the defender of the environment.
She cited Presidential Decree No. 1067 or the Water Code of the Philippines mandating that “all waters belong to the State,” including “rainwater and falling on such lands.”
“All the while, you think that is just rainwater,” she said.
Under Articles 5 and 6 of PD 1067 dated Dec. 31, 1976, even rainwater that falls within one’s private lot belongs to the government.
She, however, clarified that one may use rainwater for one’s domestic purposes even without securing a government permit but the state has the authority to regulate the rainwater’s use if there is wastage or in times of emergency.
Republic Act No. 6716 of 1989 or the Rainwater Collector and Springs Development Act mandates the Department of Public Works and Highways to construct water wells and rainwater collectors, develop springs and rehabilitate existing water wells in barangays nationwide.
“The purpose of the law is to start rainwater collection at the barangay level to address future water crises and reduce floods,” PAO chief said.
It, however, lamented that rainwater harvesting is not that familiar and well-implemented in the Philippines compared to other countries.
Because of such, the Department of Interior and Local Government issued Memorandum Circular 2017-76 dated June 14, 2017 directing local government units to include rainwater collection in their local development plan and to put up rainwater facilities in coordination with the DPWH.
“Those that do not abide by the law could face civil or criminal charges after a due process,” Acosta warned.
