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A RESOLUTION PROVIDING FOR RULES AND REGULATIONS GOVERNING THE


OPERATIONS OF THE
ZAMBOANGA CITY WATER DISTRICT OF 2007
(As amended on August 19, 1978; February 14, 1980
and September 29, 2007)

CHAPTER I
THE RULE: POLICY AND APPLICATION

SECTION 1 Title- This Resolution shall be known and cited as”


“The Rules and Regulations governing the operations of the
Zamboanga City Water District” (“ZCWD” for brevity).

SECTION 2 Declaration of Corporate Policy

(1) It shall be the policy of the Zamboanga City Water


District to maintain positive balances in average net
income in prior twelve (12)months operations;
(2) It shall be the policy of the District to make up-to-date
debt service payments;
(3) It shall be the policy of the District to maintain
unaccounted for water (UFW)ratio not exceeding 40% based
on six (6) months operations; and
(4) It shall be the policy of the District to maintain the
number of total staff to total active service connection
of not less than one staff for every 100 active service
connection.

SECTION 3 Rules of Interpretation-In the interpretation of the


provisions of this rule, the following rules shall apply:

(a) Any provision on the power of the District shall be


liberally interpreted in its favor and in case of doubt, any
question thereon shall be resolved in its favor;
(b) Incase of doubt, any fee, charge, surcharge, penalty
and water rates measure shall be construed strictly against the
district and liberally in favor of the customer.
(c) The provisions in this Rule shall be liberally
interpreted to give more powers to the District in accelerating
corporate development and upgrading the quality of water services
and quantity of water for the community within the service area.
(d) Rights and obligations existing on the date of the
effectivity of this rule and arising out of Contracts shall be
govern by the original terms and conditions of said contracts or
the law in force at the time such rights were vested except when
the the interest of the District is greatly prejudiced.

SECTION 4 Words and phrases - For the purpose of these


regulations, all words used herein in the present tense shall
include the future; all words in the plural number shall include
the singular number; and all words in the singular number shall
include the plural number.

(e) Whenever in these regulations the following words and


phrases set forth in these section are used, they shall, for the
purpose of these regulations have the meanings, respectively
inscribes to them in this section.

Atty. Lovell C. Abad


Department Manager C,LMSD
2

“DISTRICT”- The Zamboanga City Water District, its General


Manger, appointed officers and any other person or bodies
vested with responsibility and jurisdiction in matters
pertinent to said District

“BOARD”- The Policy Making Body composed of five (5)


Members, namely: the Chairman, and four (4) Directors of the
ZAMBOANGA CITY WATER DISTICT. For specific routine purposes,
the Board may designate a representative authorized to act
in their stead.

“CUSTOMER”- any person, natural or juridical having a


registered water service connection approved and within the
ZCWD service area.

“SERVICE CONNECTION”- Service connection refers to the


tapping of water mains and the laying of the pipes from the
main to the curb line and the setting of the meter and meter
box.

“FIRE CONNECTION”- The tapping of water mains and the laying


pf pipes from the main to the curb line, setting up of fire
hydrants or standpipes for the sole purpose of fire
fighting.

“COST”- Labor, Material, transportation, expenses,


supervision, engineering and all other necessary overhead
expenses.

“JOB ORDER SLIP”-refers to an official document covering a


specific transaction of the District duly signed/printed by
the authorized signatories.

“LESSOR”- refers to a person who offers his property for


rent.

“LESSEE”- refers to a person who pays rental fee to the


lessor.

“Principal”- refers to the registered owner of the land.

“Agent”- refers to the person who are permitted to stay on a


property without paying any rent and legally authorized to
represent the owner.

“Landlord”- refers to the registered owner of an


agricultural land.

“Tenant”- refers to the person authorized by the landlord to


cultivate the land for a share of the produce.

SECTION 5 Application of the rule-This rule shall apply to all


branches, sections, divisions, departments and other sub division
created under PD 198, by the Board and other applicable laws
within the ZCWD.

CHAPTER II

Atty. Lovell C. Abad


Department Manager C,LMSD
3

APPLICATION FOR SERVICE, CLASSIFICATION AND LIMITATION OF WATER


SERVICE CONNECTION, PRESSURE CONDITIONS, DEPOSITS, SOLIDARY
LIABILITY AND EMERGENCY REPAIR, SIZE OF SERVICE CONNECTION AND
LOCATION OPF CURB COCK/METER VALVE

SECTION 6 Applications for Service- No water service application


shall be acted upon unless a certification from the Engineering
and Watershed department that the appropriate pressure warrants
the connection.

A. An applicant who wishes to apply for water


service connection must present a building
permit and a lot title if he is the owner of
the lot where the water connection is to
serve, If he is not the owner, a special
power of Attorney/consent from the lot owner
giving him permission to install the water
connection through or due to the lot be
secured.
B. If the applicant is a member of the Urban
Poor Association, a written permission under
oath by the Housing and Land Use Regulatory
Board is required.
C. The Application Section shall check and
counter-check in the main database in order
to avoid the approval of any fraudulent
application unless the applicant settled the
outstanding balance.
D. The applicant shall be required to sign an
application for service connection wherein
the district is released from any and all
liabilities that may be caused by water
escaping or flowing from any water pipe, hose
faucet, hydrant, valve or other connections
or equipments at any point within the
premises and any complaints arising from the
installation of his water service connection.
An inspection fee set forth by the District
will be charged for the processing and
inspection of the application.
E. All materials from tapping point up to the
meter stand must be bought from the District,
subject to availability of such. Cost of
material and other fees will be as date of
payment.
F. No water Service Connection will be installed
unless the application is duly approved paid
with all requirements met. The installation
of paid water service connection applications
will be on: first come first serve basis.
G. If the applicant has an overhead tank, said
tank must be provided with a float valve and
a gate valve in the outlet to the
distribution line. An air space of not less
than “4 between the full water level and the
supply outlet must be provided.

Atty. Lovell C. Abad


Department Manager C,LMSD
4

H. All water connection application expires


after six (6) months from date of application
if not paid.
I. Upon application for water service, each
applicant shall be required to sign an
application for service, wherein the District
is released from any and all liabilities that
may be caused by water pipe, hose water
conduct, faucet, hydrant, valve or other
connections or equipment at any point within
said premises.
J. All water service connection must be metered
and the cost of the water meter, water meter
stand, and all pipes and fittings will be at
the expense of the applicant.
K. No new water service application will be
allowed/ processed unless accompanied by a
certificate that the applicant or authorized
representative attended and completed the
Orientation Seminar except those who are
already registered customers.( Br No. 082,
dated May 11, 2007, Series of 2007 as
amended by BR No.____, dated _____, Series
of 2007.

SECTION 7 Classification of Water Service Connection -The general


classification of water service connections are:

1. Residential/ domestic: These are persons and


establishments drawing water from the district and
using it in pursuit of their day-to –day living.
Normally the used of the water includes cooking,
washing, bathing, drinking, lawn/or plants watering and
other domestic uses to sustain everyday life.
Government offices and buildings are classified
under this category because they are presumed to be
performing public service and they consume water in
connection with the performance of public duties.

2. Commercial/industrial: These are persons and


establishments drawing water from the system for the
purpose of using this water, directly or indirectly, to
promote their trade or occupation or to produce a
commercial or saleable product.
Included in this classification are persons and
establishment engaged in business that needs a mayors
permit and capitalized at not less than 20,000.

3. Bulk/wholesale: These are persons and establishments


drawing water from the system for the purpose of
reselling without transforming the same into a new
product.
Included among these users are those providing
water to carriers (ship, etc) and home outside or
within the district not connected with the system.

Other special classification:

Atty. Lovell C. Abad


Department Manager C,LMSD
5

4. Government Offices which are doing or performing


functions that are commercially related like the
Central Bank, DBP, PPA, NFA, and the likes and other
government owned an d controlled corporation doing
commercial activities will be categorized as
Commercial.

5. Temporary classification: the use of Water other than


domestic use, for a short period of time will be
classified as Commercial until such time the water is
used solely for domestic use> this includes
construction of a residential house and other building
construction.

6. Semi- classification: In the event, a consumer falls


between 2 categories that are between residential and
commercial, he will be billed under semi-classification
wherein the first 30 cubic meters consumed will be
classified as domestic and the excess thereof will be
charged as commercial.

SECTION 8 Limitation of Service Connection -Each parcel of land


under separate ownership must be provided with a separate
service, and any deviation thereof will be sufficient cause for
the District to disconnect or reclassify the service until the
said violation is corrected and a fee is paid reconnecting the
service.

B. Two or more dwelling units under one ownership and on


the same lot or parcel of land maybe supplied through the same
service, provided, however, that the District shall reserve the
right to limit the number of dwelling units or the area of land
under one ownership to be supplied by one service.

C. When property provided with a service is sub-divided,


each service shall be considered as belonging to the lot or
parcel of land upon which it fronts.

SECTION 9 Pressure Conditions and Emergency Repairs -All


applicants for service connections or water service shall be
required to accept such conditions or pressure and service as
provided by the distributing system at the location of the
proposed connection, and shall agree to hold the District
blameless for any damages arising out of low pressure or high
pressure conditions or interruptions of service.

ZCWD gives no warranty with respect to the water pressure


.In the event of service interruption, ZCWD shall not be liable
for any and all damages that may be suffered by the Customer for
the service interruption and/or damage caused by defective
connections after the water meter.

The District shall not accept any responsibility for the


maintenance of pressure and it reserves the right to discontinue
service while making emergency repairs or for other cause, which
in the discretion of the District necessitates such

Atty. Lovell C. Abad


Department Manager C,LMSD
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discontinuance. Consumers dependent upon a continuous water


supply should provide their own emergency storage of water.

The Customer shall grant duly authorized representative of


the ZCWD free access or entrance to Customers premises, for
maintenance and inspection purposes.

SECTION 10 Deposits - The District may acquire a deposit from new


applicants in the amount equivalent to two (2) months minimum
charge of the category of his application.
This deposit shall be refunded without interest if the
consumer request for the service discontinuance, provided that,
the water bill has been paid in full or such deposit maybe
applied to any unpaid amount of the consumer upon notice of the
service closure.

SECTION 11 Lessor/Lessee Liaility , Agent /Principal Liability


and Landlord/Tenant Liability - An applicant for a water service
connection who is not a registered owner of the land such as a
lessee ; agent and tenant must include in his application a
Lessor/ Lessee or Principal/ Agent liability form.
This binds the lessor, principal and landlord to be
solidarily liable/and or responsible in informing the district in
case of transfer of ownership of the water service connection or
when the lessee leaves the premises and also of being liable of
the lessee’s accounts in case the lessee vacates the promises
without paying his water bill accounts with the District.

As a consequence thereto, the Lessor, principal and landlord


shall shoulder the remaining outstanding accounts. In the event
that no payment shall have been made, the District has the power
to disconnect not only the defaulted connection but including the
water connection of the lessor, landlord and principal after the
expiration of sixty (60) days from receipt of the demand letter
without prejudice to other remedies provided and available by
law.(Br. No. 169 dated October 19, 2007 Series of 2007)

SECTION 12 Size and Location - The District reserves the right to


determine the size of service connection of the premises to be
served. The laying of consumers’ service lateral to the meter
shall not be done until the location of the service connection
has been approved by the District or its authorized
representative.

All water meters must be located within 10 meters from


tapping point on roadside and/or outside the residence fence. New
building must provide meter site in accordance with the
acceptable districts standard.

SECTION 13 Curb Cock/ Meter Valve - Every service connection


installed by the District shall be provided with a curb cock or
valve in the inlet side of the meter, which valve or cock shall
be for the exclusive use of the District in controlling the water
supply through the service lateral.

Atty. Lovell C. Abad


Department Manager C,LMSD
7

It is further provided that, if the curb cock or valve is


damaged by the consumers’ use to an extent requiring replacement,
such replacement shall be made at the consumers’ expense.

SECTION 14 Customer premises Equipment -Any equipment, device,


pipes including connections and other accessories provided by
ZCWD and installed at the customer premises except for the
service line from the water meter to the house, shall at all
times remain the property of the ZCWD and the customer have no
right or interest over the same except the right to use the same.
The customer shall take proper care of said equipment, shall
not remove the same from the place of installation, connection by
ZCWD nor allow any connection, disconnection, movement, and/ or
alteration of such equipment by any person other that the duly
authorized ZCWD personnel and without paying the necessary
charges thereof if any except activities to be done after the
water meter.

The customer shall be liable for his participation or any


resulting to the loss or damage to the equipment upon the
installation of the ZCWD. The equipment referred to therein shall
be return to the ZCWD upon termination or disconnection of the
service, failure to return the same shall give rise it liability
under Article 315 of the Revised Penal Code.

CHAPTER III
CLOSED or ABANDONED SERVICE CONNECTION SERIES / SUB-CONNECTIONS

SECTION 14 CLOSED or ABANDONED SERVICE CONNECTION- All closed/


disconnected water service Connection that have remained closed
for more than twelve months without notice of intent to reopen
from the owner will become district property and as such the
district reserves the right to dispose of such connections in
whatever manner it deems beneficial to the District.

An abandoned line is a service connection whose record can


not be located, if found to be serviceable may be re opened upon
application for registration subject to all requirement for such
an application and a payment of arrears to be set by the
district.( BR. No. 033, Series of 2007 dated March 9, 2007)

Water used without Regular Application Made by a person,


firm or corporation taking possession of the premises and using
water from an active service connection without having made an
application to the District for water service shall be held
liable for such illegal use of water which constitutes theft.

SECTION 15 SERIES / SUB-CONNECTIONS -No sub-connections on lines


smaller than 2” and series connections will be allowed, although
an unregistered private water meter maybe installed after a
registered water meter for purpose of knowing the consumption of
a particular water line after the registered water meter. Tapping
on a 2”-feeder line will be considered as tapping on main.

CHAPTER IV

Atty. Lovell C. Abad


Department Manager C,LMSD
8

WATER MAIN AND MAIN EXTENSION

SECTION 16 Main Extension

(a) Application for Main Extension:


1. Any owner or owners or co-owner of a single lot or
subdivision or tract of land within the District
boundaries desiring the extension of water mains and
services to each lot, subdivision, or tract of land
shall file an application with the District.

2. The application, together with the subdivision plan,


duly signed by a registered civil engineer and the
owner of the subdivision or its authorized agent
shall be filed with the office of Zamboanga City
Water District. The application shall clearly state
the exact plan location, pipes and specifications,
number of hydrants, valves descriptions of materials
and the estimated labor cost. These must be in
accordance with LWUA Technical Standard manual.

3. There shall be an Inspection Fee of P1.00 per linear


meter of the pipeline to be installed which will be
paid by the applicant to the District. Prior to
approval, investigation will be conducted by an
Investigator or any authorized agent of the District
on the feasibility and availability of water.

4. After the investigation and inspection have been


conducted by the District technical personnel an
investigator or any authorized agent of the District
and certifying that the plan lay out and materials
are in accordance with the district standard, the
application papers will be processed, then
settlement of fees will be made after the
application has been duly approved.

5. The applicant shall at his expense lay all main


within the tract, as shown in the approved plan in
accordance to specification, continues through the
full length of the tract and such connecting lines
as maybe needed to connect such lot, subdivision or
tract to the nearest main of suitable size and
pressure. This shall include all control valves and
fire hydrants and ma include connecting service
laterals to each lot within the subdivision, tract
or lot owned by the applicant.

6. Final inspection will be made by a Water District


Investigator /or authorized agent of the District,
to determine if the pipe layout was made in
accordance to the approved plan. Like wise, a hydro
testing and disinfection in the presence of the
district authorized agent will be required.

7. The approved application for tapping will be


channeled to the Construction & Maintenance
Department for appropriate action.

Atty. Lovell C. Abad


Department Manager C,LMSD
9

8. In lieu of the applicant taking such application, he


may request the district to do all the work and
supply all the materials, and the district at its
sole discretion shall accept or reject such job if
the District agreed to do such work and to supply
the material s thereof, the subdivide or owner will
pay the district the total actual or estimated cost
or such job plus 10% of the cost of the
installation/job before r commencement of such work.

(b) Size of Mains- There shall be size specifications of


transmissions and distribution lines with a controller valve
before the transmission lines and a tee provided for each lot to
ensure the continuity of good flow of water and convenience of
future tapping from the subdivision feeder line. The future
development, improvement and any problem that may arise will be
the responsibility of the subdivision management until the same
will be turned over to the District.

(c) Ownership- All mains laid shall become the property of


the District after final inspection and acceptance.

(D) Refunding of the Cost – There shall be no refunding of


the costs for the laying of any mains within the development
or otherwise.

(f) Later Reconstruction – If, for any reason, the


development of any lot or tract makes it necessary to
move, lower, or in any manner change any existing water
mains, such moving, lowering, or changing shall be done
by the developer at his expense. It shall be the
responsibility of the developer of the land to furnish
a plan executed by a registered Civil Engineer showing
all water mains, both new and existing, in relation to
the finished development of the lot or tract. Said
reconstruction shall be at the expense of the
developer. Failure to submit plans or non payment of
fees or charges shall be adequate reason for the
district to refuse water service to the lot or tract.

CHAPTER V
SUBDIVISION AND TURN-OVER OF PRIVATE WATER SYSTEM

SECTION 17 Subdivision or private water system- Should any


subdivision or community with an existing water system of its own
request to be integrated into the Water district, the feasibility
of acceptance will depend largely on the following factors:

1. The distribution mains in the existing system


must not be less than 100 mm in size with the
necessary control valves. No dead ends and all
the pipes in the system must be looped.

2. The minimum required number of fire hydrants


and standpipes must be complied with.

Atty. Lovell C. Abad


Department Manager C,LMSD
10

3. There must be no existing water system and any


private source of water among the
establishments served.

4. No reimbursement shall be paid by the District


for any expense incurred by the
subdivision/community in establishing the water
system.

5. Non-compliance with any of the above listed


requirements is enough grounds for the District
to refuse the integration of the applicants
system into the District.

6. That such service will not adversely affect the


water service to existing consumers;

7. That said service is financially feasible and


economically justifiable;

8. That it is in conformity with the WD rules and


regulations, certain provisions of PD 198, as
amended, and other applicable laws.

9. The water supply system shall be assessed to


determine its present condition and the
rehabilitation and upgrading works necessary to
bring it up to WD’s standards.

10. The subdivision system may be tapped with the


water distribution line of the ZCWD if the
non-revenue water (NRW) is not more than 25%
for existing water system with consumers and 0%
for the newly constructed with consumers.

11. There will be no contract of whatever form


be entered into by and between the ZCWD and
OWNER unless the consent of the majority of
homeowners or households to the
permanent/temporary turnover through
donation/contract of the water system
facilities and appurtenant assets were secured
in writing.

12. That a contract or deed is perfected before


the actual interconnection.

13. If the subdivision owner opts not to donate


the water system, the basis of billing shall be
the central meter, and the owner shall be
charged in accordance with the formula as shown
hereunder.

14. This policy shall not apply to subdivision


whose installation and pipelaying were done
under the direct supervision; expertise and
control of the District.

Atty. Lovell C. Abad


Department Manager C,LMSD
11

I. GUIDELINES

A. Subdivisions with existing water supply system.

The ZCWD shall require the OWNER to submit all


pertinent information on its existing water supply system to
allow proper evaluation as it pertains to conditions set
forth in Section 11 above on the following cases:

1. The subdivision interconnects with the water


distribution line of the ZCWD.

a. In the event that the NRW is more than 25%, the


OWNER/DEVELOPER shall be responsible for the
cost of the rehabilitation and upgrading works
to reduce the NRW to a maximum of 25%.
b. Basis of billing shall be the central meter, and
the owner shall be charged in accordance with
the formula as shown hereunder:

Formula to compute the billing of the subdivision


( exclusively residential ) under case 1

Example: Residential water rate:


First 10 cum P 75.00
11-20 cum 7.80
21-30 cum 8.30
31-40 cum 9.00
41-50 cum 10.00
Formula:
Q = Total volume consumed (read from the
master meter): 2,789
N = Number of household: 80
Ca = Average consumption: Q/N
Q/N = 2,789/80
= 34.8 cum/household
Rb = Corresponding unit price of block 31-40
cum.: P9.00
B = Subdivisions water bill: Q x R
Q x R = 2, 789cum x P9.00
= P 25, 101.00

However, in the event that the population within the


subdivision uses water for purposes other than residential,
the ZCWD has the power to re-classify accordingly and
proportionately computes the bill based on their
classification.

2. The subdivision turns over through donation its water


supply system to the ZCWD.

a. In the event that the NRW is more than 25%, the


OWNER /DEVELOPER shall be responsible for the cost
of the rehabilitation and upgrading works to reduce
the NRW to a maximum of 25%.
b. In consideration of the WD’s assumption of perpetual
responsibility for water service, the OWNER shall
agree to the following:

Atty. Lovell C. Abad


Department Manager C,LMSD
12

(1) Transfer all water rights to the WD.


(2) Grant the WD unrestrictive access to all
water system facilities.
(3) Turn over through the donation system
facilities and appurtenant assets to the WD.
(4) The basis of the billing shall be the
individual metering of the households.

3. The subdivision offers the operation of its water


supply on contractual basis with the ZCWD.

a. In consideration of the ZCWDs’ assumption of


contractual responsibility for the water service,
the OWNER shall agree to the following:

(1) Grant the ZCWD unrestrictive access to all


water system facilities.
(2) The basis of billing shall be the individual
metering of households.

b. The ZCWD may enter into a contract with the OWNER


under any of the following arrangements:

(1) Management Contract between the WD and the


OWNER where the former will perform and be
responsible for the following:
1. Water System Operation
2. Billing
3. Collection
4. Connection/Disconnection
5. Repair and Maintenance
6. Meter calibration and repair
7. Formulate water rates
8. Prepare project studies

The ZCWD shall compensate the OWNER the rental


as agreed.

(2) Lease Contract between the ZCWD and the OWNER


where the latter will lease its facilities to
the former who will perform and be
responsible for the following:

1. Water system operation


2. Billing
3. Collection
4. Connection/disconnection
5. Repair and maintenance
6. Meter calibration and repair
7. Formulate water rates
8. Prepare project studies
9. Provide funds for the operation and
maintenance of the system
10. Construct expansion of the system.

The ZCWD shall pay the OWNER the rental as agreed.

Atty. Lovell C. Abad


Department Manager C,LMSD
13

B. Subdivision whose water system is without supply and/or


Deep well.

1. The owner may opts to donate or enter into any of


the options/scheme provided that its water system
for purposes of tapping to the main line of the
ZCWD shall comply the provisions of Section III,
Letter A, number 2.
2. All rights appurtenant to the permanent / temporary
transfer of the water system shall accrue to the
ZCWD upon perfection of the corresponding contracts
and deeds. The ZCWD then has the full authority to
extend water services from the subdivision to
adjacent inhabitants after a findings that it will
not adversely affect the water services of the
subdivision.
3. The owner may opts to tap the ZCWD water service by
installing a mother meter reserving his rights
over:

1.1 Water system operation


1.2 Billing
1.3 Collection
1.4 Connection/disconnection
1.5 Repair and maintenance
1.6 Meter calibration and repair
1.7 Formulate water rates
1.8 Prepare project studies
1.9 Provide funds for the operation and
maintenance of the system
1.10 Construct expansion of the system.

C. Subdivision whose water supply system is still to be


constructed.

1. The following guidelines shall apply:

a. The ZCWD shall require the OWNER to submit


all plans and specifications of the
proposed water supply for approval;
b. The OWNER shall construct the water supply
system in accordance with the approved
plans and specifications.

2. The OWNER may request for technical assistance


from the ZCWD during construction of the water
supply system and shall enter into an appropriate
Memorandum of Agreement with the ZCWD for the
purpose.

II. SUBDIVISION COMMITTEE

The power to asses and process subdivision water


service application shall be vested solely with the
Subdivision Committee which shall be created 15 days
from Boards’ approval of this resolution. It shall be

Atty. Lovell C. Abad


Department Manager C,LMSD
14

composed of four(4) members (1 representative CCSD, 1


representative EWRD, 1 representative CMD and 1
representative LMSD) who shall be appointed by the
Department Heads and approved by the Head of agency.

No member of the committee shall serve more than


two years to avoid familiarity with the Subdivision
Developers which might affect their decision making.

III. APPLICATION

1. How to apply- The subdivision developer shall


signify his/ her intention through a communication and
submit to the ZCWD thru the Subdivision Committee attaching
the following:

a. A Certification from the Engineering Department


that the Water Pressure warrants the
interconnection and that it will not affect the
water pressure within the area;
b. Certification of standard installation compliance
by EWRD;
c. Certification of hydro tests by EWRD;
d. Certificate of disinfection to be conducted by
CMD ;
e. A certification from the supplier (where the
materials were bought) as to the kind and quality
of the materials laid into the mains and service
lines ;
f. The total number of households that the subdivision
will serve.
g. Inventory of the water pipes system certified by
the owner;
h. Individual written consent of the majority of the
homeowners or household.
i. Official Receipt in the amount of P500. 00 as
processing fee plus 15% mark-up on the total cost
incurred in the hydro testing and disinfections
estimated by the EWRD.
j. The total area of the right of way of the
mainlines/ main pipes;
k. In case the individual applicant has already the
titles, all the titles will be submitted together
with the subdivision plan containing lot numbers.
In the absence thereof, a subdivision plan and the
mother title will be sufficient.

Note: No application shall be acted upon


unless all the above-mentioned documents were
attached and the proper payments have been made.

2. Within 30 days from actual receipt of a complete


application, the LMSD representatives will inspect the
documentary requirement.

Atty. Lovell C. Abad


Department Manager C,LMSD
15

3. That after a careful study, the LMSD shall draft


eight (8) copies of the deeds/contracts endorse to
the Head of Agency for signature and approval.

4. Reportorial Requirement- Upon signing, the General


Services Section shall furnish, notify the developer
by personal service or registered mail relative to
the acceptance and shall copy furnish the report and
pertinent document to all Departments.

5. Within 10 days from actual receipt of the


endorsement, the LMSD shall endorse to the Head of
Agency eight (8) copies of the deeds/contracts for
signature.

One copy of a perfected contract shall be furnished


to the:
a. General Services
b. OGM
c. EWRD
d. CCSD
e. CMD
6. Within five days from receipt of the Deed or
Contract, the CMD will then connect/tap the main
line of the subdivision to that of the existing ZCWD
pipes using the developers’ materials without any
further costs on the part of the developer.

7. A notice of Commission shall be issued duly signed


by the person in- Charge shall be given to the CCSD,
Application.

NOTE:
The subdivision developer has the option to buy
the materials including the mains, hydrants, valves,
service line materials like corporation cocks, water
meters, meter stands, etc., and other materials needed
in the subdivision from the Zamboanga City Water
District. These materials shall not anymore be tested
as far as quality is concerned.

However, should the developer opt to buy all or


some of the materials outside of the ZCWD, these shall
be subjected to the standard tests of the ZCWD with
corresponding costs.

The subdivision developer has also the right to


install preparations intended to serve the different
households in the subdivision area so long as these
conform to the ZCWD policies regarding the water
service installments.

CHAPTER VI
OWNERSHIP

SECTION 18 Ownership and transfer of water Service Connection-


All ZCWD service, the water meter including any of the foregoing
terms and conditions are non-transferable and may not be leased,

Atty. Lovell C. Abad


Department Manager C,LMSD
16

assigned or transferred by the customer without the prior written


consent of the ZCWD.

Any lease, assignment or transfer made without the


necessary ZCWD consent shall be void and ZCWD shall have the
right to continue billing and holding the customer on record
liable under the pertinent terms and conditions as if no such
lease, assignment or transfer was made.
The owner of the water service connection desiring to
transfer the ownership of his water service connection to another
party must execute a deed of transfer or sign an authorization
for Transfer of ownership and/or Change of name after paying all
accounts and or other liabilities with the District. The new
owner then signs a new contract after paying a Transfer of
ownership and/or Change of name Fee set by the Office.
The customer undertakes to inform the ZCWD of any change in
his personal circumstances and billing address.
The customer hereby holds the ZCWD free and harmless from the
consequence of its failure to comply with its undertaking.

SECTION 19 Customer premises Equipment -Any equipment, device,


pipes including connections and other accessories provided by
ZCWD and installed at the customer premises except for the
service line from the water meter to the house, shall at all
times remain the property of the ZCWD and the customer have no
right or interest over the same except the right to use the same.

The customer shall take proper care of said equipment, shall


not remove the same from the place of installation, connection by
ZCWD nor allow any connection, disconnection, movement, and/ or
alteration of such equipment by any person other that the duly
authorized ZCWD personnel and without paying the necessary
charges thereof if any except activities to be done after the
water meter.

The customer shall be liable for his participation or any


resulting to the loss or damage to the equipment upon the
installation of the ZCWD. The equipment referred to therein shall
be return to the ZCWD upon termination or disconnection of the
service, failure to return the same shall give rise it liability
under Article 315 of the Revised Penal Code.

SECTION 20 (Section 8) Property Owner’s Guarantee -The water


charge shall begin when a service is installed and the meter is
set. Before the water service shall be turned on by the District
for any purpose, the consumer or his authorized agent shall first
sign a form in which he guarantees the payment of future water
bills for the services required. The property owner shall notify
the District in writing in the event the authorized agent is
changed.

CHAPTER VII
SEWER

SECTION 21 SEWER- All buildings within 35 meters from an


existing water main of the district’s sewer system are required
to be connected to the District’s sewer system.

Atty. Lovell C. Abad


Department Manager C,LMSD
17

A. Application:
An application for sewer has to be applied with
the district. An inspection fee in accordance the
district rate must be paid and other requirements
relevant to the application must be met and complied
with.
The application will be processed by the Service
Application Section in coordination with the sewer
Section.
Upon payment of all charges and fee, installation
will be effected by the Construction & Maintenance
Department per its programmed Job Schedule.

B. Billing will be incorporated on the water bill to


commence on the first water bill after the installation
of the sewer. The rate will be 50% of the water bill
charged.
C. Maintenance: The sewer lateral extending from the sewer
main to the first clean out will be maintained by the
District. However if Materials are needed for such
maintenance, these will be provided for by the consumer-
user.

CHAPTER VIII
WATER RATES, WATER BILLS,FEES AND CHARGES

SECTION 22 Water Rates, fees and Charges- All water rates,


fees and incidental charges shall be set by an approved
Resolution of the Board of Directors of the ZCWD. The ZCWD
reserves the right to increased any of the fees and charges or
imposes new or additional fees and charges applicable to the ZCWD
service, subject to prior notice and hearing.

All existing unmetered water service connections shall be


metered by the District, and the water meter will be provided at
the expense of the District, but the cost of the pipes and
fittings needed in installing the water meter shall be borne by
the consumer.

It is the declared policy of the Zamboanga City Water


District that all connections are to be metered and that no water
is to be delivered without charge except for fire fighting
purposes.

The furnishing of free water to the general public at


public faucets is a function of local or national government. Any
such government body may make application for the installation of
a service connection for the purpose of supplying water to a
public faucet. All water consumed through a public faucet will be
charged the lowest rate block of the Water District schedule of
rates.

SECTION 23 PAYMENT OF WATER BILLS- The customer shall pay any and
all outstanding charges on or before the due date indicated in
the bill. ZCWD shall not be held liable to payment made except
those made by authorized representatives.

Atty. Lovell C. Abad


Department Manager C,LMSD
18

Payment made by check shall not release the subscriber for


liability for non- payment until the check is cleared and payment
is credited to the account of ZCWD. The Customer shall indemnify
the ZCWD for any and all penalties, fees and charges arising from
or by virtue of the Dishonor of the customers check. The ZCWD
reserves the right to disconnect in the event of dishonor of the
check.
The ZCWD reserves the right to discontinue service due to
non-payment of overdue accounts. ZCWD reserves the right, subject
to the limits prescribed by existing laws, rules and regulations,
impose penalties or interest for non-payment of over due
accounts.

ZCWD reserves the right to immediately bar access to


service, for non-payment of the overdue accounts and illegal acts
without prejudice to the remedies under existing laws, rules and
regulations.

Water bills are due and payable at the office of the


Zamboanga City Water District on or before the due date indicated
on the bill.

If the bill remains unpaid for five (5) days from due date,
it shall be considered delinquent and be subjected for immediate
disconnection without further notice. Service will not be
reconnected and /or turned on again except upon payment of all
amounts due, together with the surcharges and penalties if any.

Notwithstanding the non-delivery or late delivery of the


pertinent bill, it shall be the responsibility of the customer to
inquire about his outstanding total charges by calling the ZCWD
hotline at Telephone No. 991-1556 , without of any further
demand, on or before the due date thereof. Failure to receive a
bill does not relieve the consumer of liability

Any amount due shall be deemed a debt to the Zamboanga City


Water District, and any person, firm or corporation failing,
neglecting or refusing to pay said indebtedness shall be liable
to a civil action by said District, before any court of competent
jurisdiction for the amount thereof.

All water bills that remain unpaid after the due date shall
be considered delinquent and a ten (10%) surcharge based on the
total amount of the Bill remains unpaid after thirty(30) days
from due date, the District has the option to disconnect the
water service without further notice.

The customer may have the ZCWD water connection reconnected


by paying to the ZCWD (a) all outstanding total charges (b) the
applicable delinquency charges (c) reconnection fee (d)
Orientation seminar when applicable.

All outstanding/unsettled arrears and charges either on


delinquency or illegal connections are considered a lien on the
property where the service connection is installed. No other
water service connection will be extended on the same delinquent
property unless the arrears are settled and duly paid.

Atty. Lovell C. Abad


Department Manager C,LMSD
19

SECTION 24 BILLING OF NEW WATER /SEWER SERVICE CONNECTION-The


Service Application Section will prepare a customer Services
ledger card for each paid application and upon installation the
water connection, coursed the card to the Billing & collection
Division where the applicant will be included in the list of
active water consumers. Initial reading will be made
approximately one (1) month after date of installation.

SECTION 25 EXCESSIVE WATER BILLS- Any abrupt change or sharp


difference in the monthly readings of a concessionaire’s water
meter must be investigated immediately for possible malfunction
of the water meter or water leakage.

1. Leak detection services shall be given free of charge to


all water concessionaires. Upon detection of Leakage by
the meter reader or any authorized personnel of Zamboanga
City WD, the concessionaire shall be immediately informed
and instructed to repair the leakage.

2. All expenses for repairs of leakages shall be borne by


the concessionaire. However, concessionaires from the low
income group may be assisted upon the discretion of the
water district by splitting them with materials necessary
to repair the leakage on a loan arrangement.

3. If the sharp increase in monthly consumption of water is


due to undetected leakages, the concessionaire shall pay
only an amount equivalent to his average monthly
consumption for the period of three (3) months
immediately preceding.

4. However, if the concessionaire fails, delays or refuses


to repair the leakage despite the advice of the ZCWD and
as result thereof his water bill continues to be high in
the subsequent month, the concessionaire shall be liable
for all the water consumed according to the reading in is
meter. Arrangement for payment in the installation may
however be allowed upon the discretion of the ZCWD.

When a consumer complains that his water bill is


excessive; another reading shall be made on the meter to
determine in particular if there are leaks in the meter.
Should no leak in such meter be found, upon request of
the customer, the meter shall be removed and subjected to
a test as set forth in Section 17.

If the meter test result is within the approved


limitation and the consumer continues to question the
water bill, a personal investigation of said premises
served by the meter shall be made by a responsible
officer of the Commercial division or his representative.
The investigator finds no reason he shall refer the
disputed bill to the Board through the General Manager
for final disposition...

SECTION 26 REFUNDS AND ADJUSTMENTS -If for any reason, a consumer


becomes entitled to a refund such as overpayment of a closing

Atty. Lovell C. Abad


Department Manager C,LMSD
20

bill. Or other just cause, a demand shall be made by said


consumer to the district for refund of such overpayment and
subject to approval of the ZCWD. A check shall be issued to the
consumer in the amount of said over charge or, in the event the
overpayment was made on a bill which is not a closing bill, the
amount overpaid shall be credited to the consumers account.

If for any reason, the consumer underpaid, the ZCWD due to


under billing or otherwise, the District has the right to inform
the consumer immediately upon the discovery of the under payment
or under billing and send the consumer the corrected bill,
indicating the additional payment required. The underpayment is
subject to the same term of payment as provided in Section 26,
provided that the fifteen (15) days grace period for the under
payment will start from the date of receipt of the corrected
water bill or notice of underpayment. However, if the
underpayment is for a closing bill, the amount becomes due and
payable upon discovery and issuance of notice of the under
payment.

However, if the under payment/.under billing made is beyond


the consumers capacity to pay at one time, such under billing
/underpayment can be made or paid in installment per office
schedule of payment to be provided to the concerned consumer.

CHAPTER IX
SPECIAL TASK FORCE
(BR. Resolution No. 123, Series of 2007 dated July 19, 2007)

SECTION 27 Special Task Force- the Task Force is a unit


exclusively performing functions related to apprehension of
illegal water/sewer service connections and to regulate the use
of booster pump. Its mandate is to eliminate illegal water/sewer
service connections. It is directed to observe the following
standard operating procedure in the conduct of investigation and
apprehension of illegal water service connections:
The Special Task Force shall maintain a database of all
reports received, actions taken and status of each case and
submit the same to the GM.

SECTION 28 Investigation of Reports on Illegal Connections


and Unlawful Acts under RA 8041- The Special Task Force,
consistent with the penalty clause provided for in R.A. 8041
otherwise known as the Water Crisis Act of 1995 viz- a- viz
violation of Section 8 and 9 thereof must observe and enforce
the following standards and procedures:

1.1 The ZCWD thru the Special Task Force shall


investigate reports on water/sewer service
illegalities and shall complete the investigation
within one week from receipt of the report. The one
week period shall cover assessment and payment of
fines and charges and the issuances of closing
orders;

1.2 They shall prepare a written notice in triplicate


form. One copy shall be served to the registered
customer either in person or by registered mail with

Atty. Lovell C. Abad


Department Manager C,LMSD
21

return card, the second copy shall be furnished to


Metering Section and the third copy to the CMD.
Within five (5) days from service thereof, ZCWD
shall exercise its right and authority to disconnect
the water/sewer service without need of a court or
Administrative order.

1.3 The ZCWD thru the Special Task Force shall notify
the owner/user regarding the result of the
investigation by serving the Notice of Investigation
Report, indicating therein the violation, to be
signed by the household resident or by registered
mail if the resident refuses to receive the same.

1.4 The ZCWD may deny restoration of the water/sewer


service when a prima facie evidence of theft and
pilferage shall have been established in accordance
with Section 5.4 of Implementing Rules and
Regulations of R.A. 8041.

1.5 The water/sewer service shall not be disconnected or


shall be immediately restored upon deposit, by the
person concerned of the difference in the billing
made by the water utility.

1.6 The deposit shall be credited against future


billings, with legal interest thereon where the
alleged theft, pilferage or current diversion has
not been committed, without prejudice to being
indemnified for damages in accordance with the Civil
Code and other existing laws.

1.7 If the owner or user does not respond in writing to


the charges made within five days from receipt of
the said notice, the water /sewer utility shall
close the water /sewer service at the tapping point;

1.8 At the end of the day, ZCWD shall prepare a list of


water /sewer services for permanent closing and
shall execute the same;

1.9 The CCSD shall maintain a database of all report


received, action taken and status of each case.

1.10 It shall be the duty of the CCSD to furnish copy to


the
1.10.1 Application Section;
1.10.2 Legal Department;

SECTION 29 FRAUDULENT APPLICATION DOCUMENTS/ REQUIREMENTS -The


applicant will be held liable for any fraudulent document or
requirement presented in the processing of his water a service
connection and any complaints arising from such fraudulent
documents and /or requirements will be answered by the applicant-
consumer.
If after due notice and investigation, it revealed that
deceit, fraud, machination were introduced to avail of water

Atty. Lovell C. Abad


Department Manager C,LMSD
22

service connection, upon due notice the said water service


connection shall be disconnected.

SECTION 30- Reselling/Illegal/Prohibited use- The Customers’


right to use the ZCWD water service is personal( Br .
No.______________ dated ____________ )

A. The Customer agrees not to resell or to make


any commercial use of a domestic service connection,
without the –prior written consent of the ZCWD. For
this purpose the ZCWD shall have the right to full
access and enter into the premises of the Customer in
order to ascertain the kinds of illegality and the
like. The customer undertakes to use the water service
for any activity that is not contrary to law, Morals
and public policy or in violation of the Water Crisis
Act.

B. The customer agreed to indemnify the ZCWD and


hold him free and harmless from any liability, suit,
and damage arising from or connected with the customers
unauthorized and /or illegal activities. In which case,
the customer irrevocably and unconditionally waives any
and all claims under the law, including but not limited
to the right to claim damages.

C. The ZCWD prohibits any natural or juridical


person from vending, selling or otherwise disposing of
water for public purpose for a fee within the service
area of the ZCWD where district facilities are
available to provide such services unless a written
permit for such sale or disposition of water is granted
by the ZCWD Board of Directors.

D. In the event that a consumer vends sells and


disposes water for a fee, the Zamboanga City Water
District shall issue a Notice to desist notifying him
to stop the same.

E. Non-compliance of the order warrants the ZCWD


to either re-classify his water service classification
into commercial and/or disconnect the water service
when ZCWD finds that the disconnection.

SECTION 31 Cases of illegalities/ unlawful acts subject to


“immediate” closing- The following illegal acts are not subject
to investigation by the District hence must be prosecuted with
the direct assistance of the nearest Police Station:

2.1 Unauthorized/unregistered tapping of water/sewer


service connection;

2.2 Illegal additional water/sewer service connection to a


remote registered water/sewer service;

2.3 By- pass connection;

Atty. Lovell C. Abad


Department Manager C,LMSD
23

2.4 Water Service not connected to the water meter, in case


of double tapping.

2.5 illegally reopened water/sewer services;

2.6 Water/services which were illegally separated from the


mother meter, in the case of multiple dwellings;

2.7 Water sewer services whose original tapping location


have been illegally transferred / relocated;

2.8 Cases involving second violation of the same person or


entity, whether or not in the same locality /address.

SECTION 32 Tampered Meter- Inspection of tampered water meter


shall be done in the presence of the registered water consumer.

SECTION 33 IN FLAGRANTE DELICTO- The Task Force Team who is able


to apprehend actual illegal acts committed and /or illegal
water/sewer service connections shall follow the following
procedure and observe due process of law at all times;

5.1 The TF shall notify the registered owner or in his


absence, a person of suitable age residing therein, to
be present during the actual inspection
5.2 If the water meter involved is within the premises of
the registered owner, the TF shall ask for permission.
The TF shall observe strictly the guidelines under
Section 1.1 to 1.5 in cases not falling under this
Section;
5.3 The Team shall not mangle nor disturb the scene of the
crime but instead call a police investigator at the
nearest Police station for investigation;
5.4 It shall be the duty of the TF to coordinate with
Barangay officials in special cases only;
5.5 It shall take note of the surrounding circumstances and
what transpired before, during and after the incident;
5.6 No water meter or any evidence found at the crime scene
will be brought to the ZCWD, all the evidence shall be
turned over to the Police for proper disposition upon
the execution of the documents/receipt of the evidence
signed by the police;
5.7 The TF shall immediately report to the nearest Police
Station who has territorial jurisdiction of the
offense;
5.8 Immediately thereafter, the concerned TF personnel
shall execute an affidavit pertaining to the
illegalities to support the complaint with the
assistance of the Corporate Attorney B, Legal
Department;
5.9 It is the duty of the Task Force Head to observe
strictly the procedure herein provided and always
observe maximum tolerance;
5.10 The STF shall maintain a database of all reports
received, actions taken and status of each case
5.11 The TF Head shall prepare a detailed report of the
illegality, signed by him and endorse the same to the
AC.

Atty. Lovell C. Abad


Department Manager C,LMSD
24

Within twenty four (24) hours, the TF Head shall


collate all the evidence and the police reports,
investigation report, and other document prepared by
the Police and forward the same to the AC.

SECTION 34 Assessment Committee (AC) - The AC is a collegial body


that consists of five members duly appointed by the General
Manager and carry out duties at the pleasure of the GM. It is the
duty of the AC to assess, evaluate, and determine the
corresponding fines and/or penalties as well as the mode of
payment to be imposed on the person liable of illegal acts in
accordance with the provisions of RA# 8041.

It has also the power to re-assess. The power to re-assess


fines and/or penalties is exercised only upon a petition under
oath of the person held to be liable of the fines and/ or penalty
to be imposed setting forth the reasons and evidence, Provided
that, if the amount involved is less than one hundred thousand
(Php 100, 000.000 thousand and above falls within the exclusive
jurisdiction of the Board) and is subject of the following
guidelines, to wit:

6.1 the degree of the illegality;


6.2 the frequency of the commission of the illegal act;
6.3 the intention of the person liable to save the District
from expenses incurred in the course of the
investigation by immediate and voluntary admission of
the illegal acts;
6.4 the period or time or months the illegality existed
until it was caught;
6.5 the number of days it was disconnected and the day it
was apprehended;
6.6 such other conditions which are just and equitable
under the circumstances.

No Assessment shall be valid and effective unless signed by


the majority of the members.

Any report of illegal acts and or offenses forwarded to the


AC which are not supported by the documents coming from the
Police shall be considered as not filed.

The AC shall maintain a database of all reports received,


action taken and status of each case.

SECTION 35 Water used without Regular Application Made -A person,


firm or corporation taking possession of the premises and using
water from an active service connection without having made an
application to the District for water service shall be held
liable for such illegal use of water which constitutes theft.

SECTION 36 PENALTIES and Charges for Illegal Connection


(Superseded by R.A 8041,”The Water Crisis Act”, July 25, 1994)

SECTION 37 CLOSURE OF ILLEGAL CONNECTION (Superseded by R.A


8041, ”The Water Crisis Act”, July 25, 1994)

Atty. Lovell C. Abad


Department Manager C,LMSD
25

SECTION 38 CROSS CONNECTION (Superseded by R.A 8041, ”The Water


Crisis Act”, July 25, 1994)

SECTION 39 BOOSTER PUMPS – The use of booster pumps directly from


the ZCWD line is strictly prohibited.(Superseded by R.A 8041,
July 25, 1994)The consumer shall construct a sump tank where the
booster pump sucks water.

SECTION 40 Tampering With District Property (Superseded by R.A


8041 ”The Water Crisis Act”, July 25, 1994)

CHAPTER IX
WATER PERMIT APPLICATION

SECTION 41 WATER PERMIT APPLICATION - All application for water


Permit will be processed in accordance with the instruction for
the processing of Water Permit Application pursuant to the
provision of the Philippine Water Code (P.D. 1062) memorandum
circulars, rules and regulations issued by the National Water
Resources Board.

CHAPTER X
ENGINEERING and WATERSHED

SECTION 42 Assessments Rate of Private Wells- Commence, maintain,


intervene in, defend and compromise actions or proceedings to
prevent interference with or deterioration of water quality or
the natural flow of any surface, stream or ground water supply
which may be used or useful for any purpose of the district or be
a common benefit to the lands or its inhabitants. The ground
water within a district is necessary to the performance of the
district’s powers and such district is hereby authorized to adopt
rules and regulations subject to the approval of the National
Water Resources Council governing the drilling, maintenance and
operation of wells within its boundaries for purposes other than
a single family domestic-use on overlying land. Any well operated
in violation of such regulations shall be deemed an interference
with the waters of the district.

In the event the Board of a district finds, after notice and


hearing that production of groundwater by other entities within
the district for commercial or industrial uses is injuring or
reducing the district’s financial condition, the Board may adopt
and levy a groundwater production assessment to compensate for
such loss. In connection therewith, the district may require the
necessary reports by the operator of any commercial or industrial
well. Failure to pay said assessment shall constitute an invasion
of the waters of the district and shall entitle this district to
an injunction and damages pursuant to Section 32 of this Title.
(As amended by Sec 18, PD 768; Sec 7, PD 1479)

SECTION 43 Well within the 100 meters from the District


Facilities- Require a developer or a builder of any structure
within the service areas of the district to extend or connect its
pipeline facilities to the district facilities whenever such
development or structure is within one hundred meters of existing
district facilities or whether the district is willing to extend

Atty. Lovell C. Abad


Department Manager C,LMSD
26

its facilities within one hundred meters of said development or


structure. For the purpose of this section, development shall
include the subdivision of land for any purpose other than
agricultural purpose and structure shall mean any building,
facility to be used for residential, commercial or industrial
purposes

SECTION 45- Watershed – ZCWD shall take over the management,


administration, operation, and maintenance of all watersheds
within it s territorial boundaries. (As amended by Sec 6, PD
1479) The District shall not be liable to the payment of user’ s
Fee by virtue of a Memorandum of Agreement entered by DENR IX
and ZCWD dated November 25, 2005).

The watershed being the lifeblood of the District shall at


all times be protected. The District shall provide a new 4x4
vehicle as additional support in the protection of the Watershed.

CHAPTER XI
SEWER RATE OF WELLS

SECTION 44 SEWER RATE OF WELLS- A district may require,


construct, operate and furnish facilities and services, within or
without the district, for the collection, treatment and disposal
of sewerage, waste and storm water. The district may only furnish
such services outside the district by means of facilities
designed primarily to serve inside the district.

Upon providing a sewer system in any area of district; the


district may require all buildings used by human beings to be
connected to the sewer system within such reasonable time as may
be prescribed by the district, provided that the property upon
which such building to be connected stands is located within 35
meters of an existing main of the district’s sewer system, the
district may declare the further maintenance or use of cesspools,
septic tanks, or other local means of sewerage disposal in such
area to be a public nuisance and, after notice in writing of at
least 10 days, deprive said property owner of any and all
services provided by the district which sanction may be co-
extensive with the period during which the property owner
persists in refusing to connect with the district’s sewer system.
(As amended by Sec 5, PD 1479)

CHAPTER XII
CONSTRUCTION AND MAINTENENACE DEPARTMENT
MAINTENANCE OF SERVICE CONNECTION

SECTION 45 Maintenance of Service Connections -The service


laterals extending from the water main to the meter and including
the meter shall be maintained by the District, however, all
materials used shall be charged to the consumers, such as pipes
and fittings. All pipes and fixtures extending from the meter or
lying after the consumer’s meter shall be installed and
maintained by the owner of the property.

CHAPTER XIII

Atty. Lovell C. Abad


Department Manager C,LMSD
27

CUSTOMERS RIGHTS

SECTION 47 Right to Notice- Any registered customer, either


natural person or juridical shall be entitled to written notice.

A. The right to notice is inviolable in cases of:

1. Policies directly affecting Customer rights shall be


published;
2. Re-classification;
3. Disconnection due to fraudulent application;
4. Misrepresentation;
5. Demand Letter

B. Turning Water Supply On and Off- No charge will be


made for turning on and shutting off the water supply when
requested by the consumer for the closing of an old account or
the beginning of service connection provided that the intention
is free from malice such as in cases of lessor-lessee and /or
tenant –landlord relationship.

All disputes arising from a tenant and landlord resulting to


a request of closure of water connection shall not be allowed.
The same should be brought to the proper forum/courts.

The District upon request and without charge will shut off
the water supply for emergency purpose at the curb cock, and the
District will turn on the water supply when request is made.

However, when service has been discontinued on account of


non payment of water bills or for any other infraction of the
rules, a fee/charge will be imposed by the District to cover
expenses for service call.

If the consumer obstructs or in any way prevents the lawful


disconnection of his water service, he shall be further liable
for all expenses incurred in effecting the disconnection.

Water service shall be restored only after all the


obligations for disconnection, reconnection outstanding bills, if
any, and a deposit or an amount equivalent to three (3) times the
average estimated monthly consumption, whichever is greater,
shall have been fully paid.

CHAPTER XIV
DISCONNECTION and RECONNECTION

SECTION 47 Disconnection-Subject to existing provisions of law,


violation of any of the foregoing provisions shall give the ZCWD
the right to immediately disconnect the pertinent water service
without incurring any liability for damages. Such disconnection
shall not relieve the customer from any monetary obligation
accruing prior to the disconnection or from any liability to ZCWD
as a consequence of such violation.

Atty. Lovell C. Abad


Department Manager C,LMSD
28

ZCWD reserves the right to disconnect water service for


any of the following reasons:

a. Violations of the Water Crisis Act;


b. For necessary repairs;
c. Non-payment of monthly bills;
d. Upon owners request;
e. In compliance of a lawful order form a court;
f. Misrepresentation;
g. Violations of existing and future policies.

It shall be the duty of the Disconnection Section to


implement disconnection without any delay and reservation except
when danger is so imminent to his life and limb, in such a case
the expertise of the Task Force will be tapped to effect
disconnection.

All service connections/ location which were disconnected of


whatever reason shall be entered in the database prepared by the
Engineering Department in order to closely monitor the re-
opening, re-application ,or transfer of water service connection
and other activities relative to a certain service connection
with the end view of protecting the interest of the District,

SECTION 48 Reconnection- The Reconnection Team shall not


reconnect any water service upon a parcel of land/lot, Water
Account, registered name, building, location which has a standing
obligation and / or unsettled/unpaid amount due to illegal
connection or delinquency except when the aforesaid obligation
has been cleared or settled.

It shall be the duty of the employee concerned to observe


the diligence of a good father of a family to protect the
interest of the District.

CHAPTER XV
FIRE HYDRANTS

SECTION 49 Fire Hydrant and Protective Service Connection


(Private) – All fire hydrants shall be metered.

A. This service shall be used only for water in the


extinguishing of fires. Upon the completion of the
installation, the valve governing the same will be closed
and shall remain so until a written request is made by
the owner of the premises served for the reason of faulty
installation, maintenance, use, fluctuation of pressure,
or interruption of supply.

B. If water is used through a fire hydrant and for any


purpose other than the extinguishing of fires, the
District shall have the right to install a meter on the
fire connection at the owner’s expense or to shut off the
entire water supply from the premises. Upon the
installation of such meter, the water rates as adopted by

Atty. Lovell C. Abad


Department Manager C,LMSD
29

resolution under the provisions of Section 25 herein


shall apply.

C. The District shall have the right to install a domestic,


commercial or industrial service connection from the fire
connection at the curb to supply the same premises to
which the fire service connection belongs. The District
shall also have the right to determine the proportion of
the installation costs properly chargeable to each
connection, if such segregation of costs shall become
necessary.

D. The District reserves the right to install on all fire


connections a check valve of a type approved by the Board
of Fire Underwriters and to equip the same with a by-pass
meter; such installation shall be at the expense of the
owner of the property and the regular domestic water
rates as set forth by resolution hereof shall apply for
all water used through such service except for the fire
protection purposely only

SECTION 50 Supply from Fire Hydrants

a. An applicant for temporary use of water from a fire


hydrant must secure a permit from the District and pay the
regular fee charged for the installation and removal of a
meter to be installed on said hydrant, or in the case of
an unmetered installation, for the permits required for
such usage.

b. Each applicant shall provide himself with a hydrant wrench


necessary to operate such hydrant. If a hydrant is damaged
by the consumer’s use to any extent requiring repair or
replacement shall be made at the consumer’s expense.

CHAPTER XVI
CENTRAL MAINTENANCE DIVISION
WATER METERS

SECTION 51 Metering Section- It shall be the duty of the metering


to install water meters for new connection or other connections
pursuant to a duly approved Job Order provided the said parcel of
land/ lot, building, Water service, registered owners name and or
location is free from any ZCWD liability .
No water meter shall be installed unless covered by a Job
Order.

SECTION 52 Water meter and Service Meter- All water meters shall
have a lifespan of five (5)years only and shall be subject to the
mandatory replacement upon reaching the five year period from
installation unless another cause requires the earlier
replacement.

For purposes of convenience and identification, a color


coding scheme shall be applied by the Meter Division on all kinds
of water meters.
Each meter installed shall be covered by a Meter Card.

Atty. Lovell C. Abad


Department Manager C,LMSD
30

SECTION 53 Meter Testing- When the accuracy of a water meter is


questioned, the District, upon verbal or written request, will
cause an official test to be made. The consumer shall be duly
notified of the time and place of such test and may be present
before any such test will be made by the District.

The meter will be tested on variable rates of delivery and


if the average registration is more than two percent in excess of
the actual quality of water passing the meter, the District shall
refund to the consumer the overcharge based upon the test, for
the prior twelve months, unless it can be shown that the error
was due to some cause for which the date can be fixed. In the
latter case, the overcharge shall be computed back to and not
beyond such times.
If the meter is within two percent of accuracy, the consumer
will reimburse the District for the expense involved in testing.

SECTION 54 Damage of Meters-The District reserves the right to


set and maintain a water meter on any connection.

The water consumer shall be held liable, for any damage to


the meter due to his negligence or carelessness. It shall be the
responsibility of the owner of the property to protect the meter
and change the inlet valve to the meter from physical damage. The
cost of the repairs to the meter or inlet valve as a result of
such physical damages shall be included in the next water bill.

CHAPTER XVII
LEAKAGE

SECTION 55 Damage through Leaking of Pipes and Fixtures-When


water is supplied to the premises of the consumer, the District
is concerned mainly with the availability of water delivered to
the service connection. The jurisdiction and responsibility of
the District shall end at the meter and the District will in no
case be liable for damages beyond the meter. Any leakages within
the premises due to leaking pipes or faulty fixture shall be the
sole concern of the concessionaire.

It shall be unlawful to a ZCWD employee to contract /engage


in any activity of repair, over any private pipes or repair of
leaks after the water meter during office hour except to protect
the interest of the District.

CHAPTER XIII
CORPORATE PLAN AND BUDGET

SECTION 56 Corporate Operating Budget- The management shall


promulgate and passed the Corporate Operating Budget subject to
the approval of the majority of the Board and approval of
Department of Budget and Management (DBM)per Administrative
Order NO. 135 and Pslmc Resolution No. 2, Series of 2003.

The financial report and the Annual Budget must be clear in


that the Budget will be reflective of the correct status of ZCWD.

Atty. Lovell C. Abad


Department Manager C,LMSD
31

ZCWD shall operate in accordance with the corporate plan


duly approved by majority of the Board.

All Division Managers shall submit their plans for the


current year to the Corporate Plan Committee. The Corporate Plan
Committee shall deliberate and recommends to the Execom.

After deliberation and approval by the EXECOM, the Corporate


Plan shall be submitted for approval by the majority of the
Board.

CHAPTER XIX
CORPORATE PROCUREMENT PLAN

SECTION 57 Annual Corporate Procurement Plan- All kinds and types


of procurement shall be governed by the Annual Corporate Plan
which shall be deliberated by the Division Level, to the EXECOM
and duly approved by the majority of the governing Board of
Directors.
Any item, goods, services, infrastructure or the like not
found in the approved Annual Corporate Plan shall not be approved
by the General Manager and procured unless reasonable ground
warrants the immediate procurement or when public necessity
requires.
The implementing rules and regulations of Republic Act No.
9184 otherwise known as “the Government Procurement Reform Act”
shall govern the procurement process without prejudice to
internal policy passed by the board.

CHAPTER XX
EMPLOYEES BENEFITS

SECTION 58 NON-DIMINUTION OF PAY – All kinds/ forms of benefits


granted to ZCWD Water District before 1999 shall remain valid,
enforceable and shall be included in the Annual Corporate
operating Budget( ACB).
As a general rule, employees who were formally charged with
administrative offense except those who were exonerated by final
judgment or meted out a penalty of suspension/ demotion as a
result of an administrative charge filed against them and served
the penalty within the covered year are not entitled to the
benefits.
Those who are on indefinite leave in the current year are
not entitled to the following, to wit:

a. 14th Month pay-The 14th month pay is a one month


salary given to all regular employees on or before
December Christmas Party of the current year to
those who have rendered at least six consecutive
( July to December per Perf. Rating as provided
in the Execom Policy vis- a-vis Anna Marie
Ledesma claim/case of 14th Month pay) in the
current year excluding the probationary period,
provided that those whose performance rating are
very satisfactory shall be entitled to 100% while
those who received satisfactory rating shall be
entitled to 75% of his basic salary.

Atty. Lovell C. Abad


Department Manager C,LMSD
32

Employees who were formally charged with


administrative offense except those who were
exonerated by final judgment or meted out a
penalty of suspension/ demotion as a result of an
administrative charge filed against them and
served the penalty within the covered year are not
entitled to this incentive.

b. Monthly Rice Allowance- All employees holding


permanent status of appointment serving the ZCWD
for at least six (6) months are qualified to this
benefit.

c. Birthday Rice Allowance -All employees holding


permanent status of appointment serving the ZCWD
for at least six (6) months from birth date shall
be entitled to one sack of rice allowance.

d. Medical check –up/Allowance-All employees holding


permanent status of appointment serving the ZCWD
for at least six (6) months from date of actual
release are qualified to this benefit.

e. Dental check-up/Allowance- All employees holding


permanent status of appointment serving the ZCWD
for at least six (6) months from date of actual
release are qualified to this benefit.

f. Hospitalization Benefits- All employees holding


permanent status of appointment serving the ZCWD
for at least six (6) months of from date of
actual entry of the hospital are qualified to
receive P700.00 per day of confinement over and
above PHILHEALTH benefit.

g. Life insurance Benefits- All employees holding


permanent status of appointment serving the ZCWD
for at least six (6) months from date of death are
qualified to P60,000.00 double indemnity in case
of death.

h. Mortuary benefit-A permanent employee serving the


ZCWD for at least six (6) months whose immediate
family dies, or suffered the anger of nature /acts
of God is entitled to P3,000 assistance.

The abovementioned benefits shall be covered by the


principle of “Non-diminution of Pay rule”.

The respective amount of the aforesaid benefits may be


increased at a reasonable rate in accordance with the available
savings as recommended by Management and approved by a majority
of the Board of Directors.

The grant of these benefits is without prejudice to the


benefits allowed and approved by presidential issuances,
administrative orders, legislative enactments and other legal
mandates.

Atty. Lovell C. Abad


Department Manager C,LMSD
33

CHAPTER XXI
WAIVER AND RIGHTS

SECTION 59 ZCWD Rights- All rights, powers and remedies, either


under the rules granted to ZCWD shall be cumulative and not
alternative and shall be in addition to and not in substitution
for and in derogation of the rights, powers and remedies
conferred to ZCWD by law.

SECTION 60 Non-waiver- The failure of the ZCWD to exercise or


enforce any of its rights under these terms and conditions or any
portion thereof, for whatever reason, shall not be construed as
waiver of such right.

CHAPTER XXII
VENUE AND AMENDMENT

SECTION 61 Amendment-ZCWD reserves the right to amend any of the


provisions of any of the foregoing terms and conditions of these
rules.
Any such amendment shall take effect fifteen (15) days from
notice to the customers, through whatever means or by posting at
ZCWD conspicuous place. The continued use and the enjoyment of
the pertinent ZCWD service shall give rise to the undisputed
presumption that the customer fully understands, agrees and
undertakes to adhere to such amendments.

SECTION 62 Venue- All cases/actions arising out of this Rules and


Regulation shall be exclusively litigated in the competent Courts
of Zamboanga City to the exclusion of any other venue.

CHAPTER XXIII
PENAL PROVISIONS AND TRANSITORY PROVISIONS

SECTION 63 Penal Provisions- Three days from receipt of a written


notice, any unsettled and unresolved violation of the Rules and
Regulations governing the operation of the Zamboanga City Water
District will constitute a ground for the District to discontinue
the water service of the consumer without need of court
proceeding.( Section 15 Per Blue Contract Card of 2007, BR. No.
_____, dated _____, Series of 2007)

In the event that a ZCWD employee violates or connives with


private persons in the commission of the unlawful acts or any act
or omission in violation of the provision of this resolution or
the rules made there under or whoever violates, refuses or
neglects to comply with any of such provisions or rules, shall
shall be charged criminally, civilly and administratively.

SECTION 64 Repealing Clause- All existing board resolution,


management memorandum, circular, letter of instruction and other
issuances not inconsistent with these rules shall remain
operative until amended, repealed or revoked.

Atty. Lovell C. Abad


Department Manager C,LMSD
34

All inconsistent board resolutions and / or corporate


issuances affecting the internal operations of the ZCWD are
hereby repealed accordingly.

SECTION 65 Separability -If any section, subsection, sentence,


clause or phrase of these regulations is, for any reason, held to
be unconstitutional, illegal or unlawful, such decision shall not
affect the validity or enforcement of the remaining portion of
the regulations.

SECTION 66 Effectivity– This rule shall take effect immediately


upon the approval of the majority of the Board.

The foregoing “Rules and Regulations of the Zamboanga City


Water District” was approved by the Board of Directors on the
eleventh day of January two thousand and seven and accordingly
signed by the Board of Directors of the Zamboanga City Water
District on the twelve day of January two thousand and seven the
ZCWD Board Room, ZCWD Main Building, Pilar Street, Zamboanga City
whose signatures are hereunder affixed.

Adopted.

ZCWD BOARD OF DIRECTORS

VICENTE T. JALDON
Chairman
EDWIN MAKASIAR GREGORIO MOLINA
Vice-Chairman Member

MILAGROS FERNANDEZ CARMEN ARANETA


Member Member

Brief History of Presidential Decree No. 198

On May 25, 1973, PD 198 was promulgated by the then


President Ferdinand Marcos.

On August 15, 1975, PD 768 was promulgated amending the


governing law PD 198 of all Local water Districts.

On June 11, 1978, PD 1479 was promulgated amending some of


the provisions of PD 198

The Zamboanga City Water District (ZCWD)

By virtue of the mandate of Chapter II, Section 5 to Section


7 of PD 198, the ZCWD was formed through a resolution passed by
the Sanggunian.

Atty. Lovell C. Abad


Department Manager C,LMSD
35

As explicitly provided under Section 19 of PD 198, the ZCWD


board of Directors adopted and passed the By-Laws of the ZCWD
titled” The rules and regulation Governing the Operation of the
ZCWD which approved by the Chairman of the Board in the person of
Teodoro C. Araneta.

On August 19, 1978, the ZCWD Board of Directors approved


another By-Laws of the ZCWD titled” The rules and regulation
Governing the Operation of the ZCWD, a certified true copy of
which was signed by Edgardo l. Paragas, Chief General Services.

In March 9, 1992, through a verbal instruction, Alfredo C.


Lampa, Chief CSD of the ZCWD submitted the proposed revisions,
amendments and Addenda to the rules and regulation governing the
Operation of the ZCWD to AGM Leonardo Rey D. Vasquez, Commercial
and Customer Services Department.

On April 6, 1992, a Special Committee was created to study


the By-Laws of the ZCWD titled” The rules and regulation
Governing the Operation of the ZCWD chaired by Mr. Alfredo C.
Lampa and members, Mr. Ambali Taola. Engr. Arnulfo Alfonso, Mr.,
Rodrigo Vega, Mr., Rolando Pantaleon and Aurora Makasiar.

A meeting was held on April 15, 1992 at the Board Room 2pm
discuss proposals on the updating of the By-Laws of the ZCWD
titled” The rules and regulation Governing the Operation of the
ZCWD.

On June 5, 1992, the Special Committee submitted its study


and the corresponding proposals on the By-Laws of the ZCWD
titled” The rules and regulation Governing the Operation of the
ZCWD to Engr. Juanita L. Bucoy, General Manager.

Hence, in view of the urgent and indispensable need to


reconcile the four updates and proposal on rules and regulations
of the ZCWD titled” The rules and regulation Governing the
Operation of the ZCWD, Atty. Lovell C. Abad, Department Manager
C, Legal and Management Services Department attempts to come up
with an amended “2007 Rules and Regulations of ZCWD as amended”
which will governed the entire operations of the District.

Atty. Lovell C. Abad


Department Manager C,LMSD

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