URR

The Utility Rules and Regulations embodied herein are adopted by the Board of Directors of the Metro Midsayap Water District (MMWD) in order to direct management’s course of action in maintaining an efficient water system for the people it serves and at the same time to provide sufficient potable water to the satisfaction of the concessionaires and to meet the increasing need for potable water by the community.

                This also gives exact information on the   policies for application of a service connection, maintenance, billing, water rates, and miscellaneous service charges and how a water utility operates in order to attain viability.

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SECTION 1. Short Title

The Utility Rules and Regulations of the Metro Midsayap Water District (MMWD).

SECTION 2. Scope

These rules and policies shall apply to all water concessionaires and those who desire to avail of the services of the Metro Midsayap Water District (MMWD).

SECTION 3. Words & Phrases

For the purpose of these regulations, all words in the present tense shall include the future; all words in the plural number shall include the singular number; all words in the singular number shall include the plural number; and the word “his” generally refers to a concessionaire regardless of sex.

SECTION 4. Definition of Terms

As used in these rules and regulations, the following terms shall mean:

 4.1 Board. The policy making body of the Metro Midsayap Water District.

 4.2 Management. This refers to the daily affairs of the District.

 4.3 Service Connection. This refers to the tapping of the water mainline to the curb line and the setting of a water meter inclu-ding the installation of one faucet.

 4.4 Miscellaneous Service Charge. This refers to the cost of labor, supervision, engineering and all other incidental expenses incurred in the inspection, reconnection and relocation of service lines, in conducting and conducting relocation of service lines, in conducting repairs, plumbing services, trenching, excavation, drilling, backfilling, and others.

 4.5 Water Meter. A water meter is a device used for measuring the volume of water passing through a pipe.

 4.6 Water District. This refers to the Metro Midsayap Water District (MMWD), a Government-Owned-and-Controlled Corporation based on the Supreme Court decision on G.R. Nos. 95237-38, which was promulgated on 13 September 1991 in an en banc Resolution No. 122 of the Sangguniang Panlalawigan of Cotabato and PD 198, as amended.

 

SECTION 5 Who May Make an Application for a Service Connection

A person, government or private institution, firm or corporation may avail of the services of the Water District provided that he has complied with the following, to wit:

5.1 Has attended the Orientation Seminar for at least two (2) hours, for applicants of a new service connection. In cases of applicants who have one or more active connections and who have not attended the seminar for the past three (3) years, they will be required to attend the said orientation. No proxy/ies will be allowed in this seminar unless with a written authorization from the applicant.

5.2 Has paid the application fee and other miscellaneous service charges to the Water District.

5.3 Applicants should fill out a Service Application and Construction Order in two (2) copies. If the service applicant is a tenant of the lot or building, there must be a written authority from the building or lot owner as provided in the Service Application and Construction Order authorizing the District to install the service connection in his premises. In addition, a Guarantee Deposit shall be required for rented out spaces which shall be refunded if the tenant transfers or disconnects his service connection without any arrearages or outstanding balances with the MMWD. Otherwise, the Guarantee Deposit shall be offsetted to his outstanding balance with the Metro Midsayap Water District. (BOD Res. 025, S-2006)

 5.4 Temporary Service Connection shall be subject to the following conditions to wit:

a. An application fee of Nine Hundred Fifty-five Pesos Only (P955.00) shall be required to cover unpaid water bills and damages to the water meter and the lines. This will be refunded to the applicant less his obligations, if any, at the termination of the temporary contract;

b. A Meter Maintenance fee of Twenty Pesos Only (P20.00) shall be required;

c. A processing fee of One Hundred Fifty Pesos Only (P150.00) shall be required aside from the Guarantee Deposit;

d. The Temporary Contract shall serve only for three (3) months. An extension for another three (3) months will however be allowed provided that the applicant shall pay a contract renewal fee of One Hundred Fifty Pesos Only (P150.00). After the said renewal, in case the purpose of the temporary connection is not yet completed, the applicant shall be required to apply for a new service connection; and

e. An applicant shall only be considered for a Temporary Service Connection if he has an existing active service connection with the MMWD.

5.5 Contractors are required to pay the amount of Five Thousand Pesos Only (P5,000.00) while transient Commercial establishments are required to pay the amount of Two Thousand Pesos Only (P2,000.00) as guarantee deposit, which they can withdrawn anytime upon disconnection and upon settlement of their accounts with the Water District.

 5.6 New Service Connection Applicants should have a copy of the MMWD Utility Rules and Regulations for their information and reference.

  

SECTION 6. Application Fee

An application fee shall be required from a service concessionaire for the right to use the service and appurtenances of the MMWD. The same shall also cover the cost of processing various paper works, orientation seminar, inspection fee, and others. The charges shall be dependent on the size of the service connection applied by a service concessionaire, to wit:

SIZECHARGE

  • ½”P3,755.00
  • ¾”P6,250.00
  • 1”P7,570.00
  • 2”P18,300.00

Per Board Res. 084, S-2013, effective January 10, 2014

 Inactive service concessionaires who shall apply for re-opening and whose application fee is less than P1,250.00 or the current application fee, shall have his application fee upgraded to P 3,755.00 or the current application fee. He shall therefore pay the difference of the current application fee and his previous application fee.

 For those who have paid more than P3,755.00 or the current application fee, there shall be no upgrading in application fee, and the difference/overage shall not be refunded to the service concessionaire in favor of the MMWD. (BOD Res. 003, S-2010, dated 25 January 2010)

 

SECTION 7 Conversion Factors and Definitions in Determining the Classification of Service Connections

7.1 Residential (Domestic) and Government. Persons and establishments drawing water from the services of the Water District used for their day to day living such as cooking, washing, bathing, drinking, flushing toilets, and other domestic usage to sustain their everyday life. (Good for one family only.)

FamilyConversion      Factor

One (1) Family            1.0

Piggeries 1-4 heads for fattening (BOD Res. No. 013, Series of 1998, dated 29 April 1998).

 7.2 Pure-Commercial. Business establishments directly using water in their day to day operations, such as:

(Conversion Factor = 2)

    1. Rest houses
    2. Hotels, lodging houses, and the likes
    3. Hospitals, whether private or public
    4. Cafeterias managed by cooperatives, corporations, etc.
    5. Ice cream parlors
    6. Beer houses
    7. Bars, night clubs
    8. Restaurants and carenderias
    9. Gasoline stations
    10. Bus Stations and/or terminals
    11. Concrete hollow block and concrete product manufacturers
    12. Theaters
    13. Confectioneries and bakeries
    14. Ice plants
    15. Private schools
    16. Boarding houses—6 or more Boarders/Tenants (BOD Res. No. 153, Series of 2012, dated 24 September 2012).
    17. Billiard halls, games and entertainment places
    18. Nurseries, poultry
    19. Any residential user who sells or supplies water to others
    20. Piggeries—5 to 10 heads for breeding and 11 up heads for fattening/breeding (BOD Res. No. 013, Series of 1998, dated 29 April 1998)
    21. Funeral parlors
    22. Apartments whose owners assume payment of water bills, using one (1) central water meter (BOD Res. No. 153, Series of 2012, dated 24 September 2012)

7.3 Semi-Commercial A. Business establishments indirectly using water in their day to day operations, such as:

               (Conversion Factor = 1.75)

a. Photo Services

b. Dental and medical clinics

c. Warehouses

d. Groceries

e. Gift shops

f. Offices—whether private or public, except the Local Government Unit (LGU) and Government School Offices which are classified under Residential (Domestic) and Government (BOD Res. No. 153, Series of 2012, dated 24 September 2012).

g. Drugstores

h. Wholesale and retail outlets, such as grains, etc.

i. Furniture shops

j. Fish, meat & vegetable stalls with individual water meters

k. Non-profit private schools

l. Piggeries-1 to 4 heads for breeding (BOD Res. No. 013, Series of 1998, dated 29 April 1998.

m. Boarding Houses— 1 to 5 Boarders / Tenants

 

7.4 Semi-Commercial B. Small business establishments with or without permit to operate legally with a capitalization of not more than P10,000.00, such as:

(Conversion = 1.5)

    1. Sari-sari stores
    2. Vulcanizing and repair shops
    3. Other premises utilized for selling foods or services including premises used for living quarters.

 

SECTION 8 Installation of Communal Faucets

Policies and guidelines for installation of Communal Faucets:

    • The people within the service area of the communal faucet should create a group and elect its officers. (minimum of 10—maximum of 30)
    • The President/Head of the group will be its authorized representative and will be the one to transact business with the MMWD.
    • The authorized representative should apply for a service connection/communal faucet to the MMWD.
    • All communal faucets should be metered.
    • All members (100%) of the group should attend the orientation seminar conducted by MMWD as new service applicants.
    • The group should provide a list of its members and officers to the MMWD.
    • The group will assign a member who will collect and be caretaker of the water meter and the distribution lines.
    • The water rate shall be based on the following:

1 liter …………. Php 0.25

1 galloon……..         0.50

1 container…..         2.00

1 drum…………     10.00

    • The MMWD shall give an incentive of 10% to the collector/caretaker base on the collected amount for the month.
    • The Utility Rules and Regulations of the Metro Midsayap Water District will apply to all communal faucets.
    • The communal faucet should be classified as residential service connection. (BOD Res. 062, S-2014)

 

SECTION 9 Billing of New Service Connection and Disconnected Service Connection

The computation of the initial bill for the newly-installed connection and the last bill of the disconnected service connection shall be based on the number of days a particular concessionaire is using the MMWD water. (BOD Res. 025, S-2006)

 9.1 Straight Billing. Concessionaires are billed through a straight billing on areas wherein MMWD cannot supply sufficient water 24/7, thus the water consumption does not reach the minimum consumption. Billing is based on the actual consumption. (BOD Res. 025, S-2006)

 

SECTION 10 Water Rates

All water rates and charges shall be set by a resolution of the Board of Directors of the Water District

 NOTE: FLAT RATE shall be computed based on the actual average consumption of a metered ½” residential connection times the existing water rates for said connection.

 Please click this link to see the MMWD Approved Water Rates

SECTION 11 Concessionaire’s Guarantee

Before a service connection will be installed, the concessionaire has to sign a service contract wherein he guarantee payment of future water bills for the service rendered to him.

 The followingGuarantee Deposits shall be collected depending on the type of connection being applied, to wit:

    • Residential Houses and Apartments— P500.00
    • Commercial Spaces—P1,000.00 (Both for Pure and Semi-Commercial)

 

SECTION 12 Requirements for Subdivision Owners and/or Housing Developers

Before a distribution line can be extended and installed in a subdivision, the owner and/or developer has to comply with the following requirements, to wit:

    1. Subdivision plan indicating the potential number of households to be served;
    2. Topographic or road profile map;
    3. Development plan;
    4. Hydro testing to determine the accuracy of the plumbing layout within the subdivision;
    5. Elevated water tank whose design and volume will be determined by the Water District;
    6. Installed mother meter so as to determine the actual volume of water coming into the subdivision against the total consumption of the subdivision residents; and
    7. The design of the water system within the subdivision which must be prepared by the Technical and Operations Services Division to ensure that it conforms with the standards and specifications of the Water District. A minimal fee of thirteen percent (13%) of the total material cost will be charged by the Water District to the subdivision owner and/or housing developer for the said plans.

 

SECTION 13 Changing the Registered Name of a Service Connection.

In cases where there are changes to be made on the name of a registered concessionaire for any reason, the concessionaire concerned has to present to the Water District any of the following documents, which must be duly notarized, to wit:

    1. Deed of Sale with Waiver of Rights of the previous owner; or
    2. Death Certificate
    3. P50.00 processing fee for change of name. (BOD Res. 025, S-2006)

 

SECTION 14 Refund of an Application Fee.

If an applicant opts to cancel his application to the MMWD, the office reserves the right to deduct a processing fee in the amount of One Hundred Fifty Pesos only (P150.00) from his original application fee.

 

SECTION 15 Installation of a service connection.

The service connection or laterals from the Water District’s distribution line shall be installed by its authorized plumbers only after all the requirements stated in Section 16, 17 and 5 are complied with.

 

SECTION 16 Size and Location of Service Connection.

Metro Midsayap Water District reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. The laying of a concessionaire’s service lateral to the water meter shall not be done unless the location of the service connection has been approved by the Engineering and Construction Section.

 

SECTION 17 Required Fittings in a Service Connection.

Entry service connection installed by the Water District shall be equipped with a ball valve with lock wing at the inlet side of the meter and a check valve at the outlet side of the meter which shall be for its exclusive use in controlling and shutting the water supply through a service lateral.

householdconnection

SECTION 18 Pressure Conditions.

All applicants for a service connection or water service shall be required to accept such conditions of pressure and water services that are provided by the distribution system at the location of the proposed connection and shall agree to hold the water district not liable for any damage arising out of low or high pressure conditions and interruption of water service.

 

SECTION 19 Warranty on Workmanship.

A one (1) month warranty will be offered by the District on various plumbing services extended by its Accredited Plumbers on leakages and poor workmanship.

 

SECTION 20 Water Meter.

The Water District reserves the right to set and maintain a water meter on any connection. In cases of disconnection, the water meter will be deposited with the Water District or locked to ensure payment of any remaining balance in the water bills & other charges.

Please click here know your schedule…

  

SECTION 21 Location of Water Meters.

All water meters shall be installed outside the boundary line of a property, which will be convenient to meter readers, plumbers and personnel of the Water District to read, repair, maintain and disconnect.

  

SECTION 22 Public Faucets.

All connections, whether private or public, must be metered and no water must be delivered without any charge except for fire fighting purposes. The delivery of free water to public faucets is the function of the local government unit who may make an application for the installation of a service connection for the said purpose. All water consumed through a public faucet will be billed at the lowest rate of the Water District’s prevailing schedule of water rates.

SECTION 23 Concessionaire’s Obligation.

23.1 Payment of water bills and other miscellaneous service charges after the due date should be made only at the MMWD office; water bills (current & with arrears) for the current month will be accepted by the authorized collecting banks: Cooperative Bank of Cotabato,Land Bank of the Phi-lippines, Philippine National Bank and Rural Bank of Midsayap, Inc.

 23.2 Concessionaires are given fifteen (15) calendar days after its billing date to pay their bills on time. Starting on the 16th day, a disconnection notice will be issued and a penalty of ten percent (10%) will be added to the current water bill, and other current charges billed.

 23.3 If after twenty (20) days from the date of delivery the water bill remains unpaid, water service will be disconnected regardless of the amount and without further notice.

 23.4 Due dates falling on holidays or Sundays will be considered on the next working day.

 23.5 If a water connection is to be transferred, the concessionaire has to pay first an inspection fee and a relocation fee before his request will be acted upon. (Please refer to the Table of Miscellaneous Service Charges).

 23.6 Failure to receive a bill does not relieve a concessionaire of his obligation. Any amount due shall be deemed a debt to the MMWD.

 23.7 Each concessionaire should provide a protection box for the water meter and a mail box where his water bill can be dropped.

 23.8 The placement of the water meter shall be outside, beside the fence of the concessionaire or in a place convenient and accessible to the Water District personnel.

 23.9 Complaints on water consumption shall be made at the MMWD office within 5 days upon receipt of the water bill. The water bill or statement of account will be considered correct and final, if no complaint is reported after the 5 day contestability period.

 

SECTION 24 Meter Testing.

When the accuracy of a water meter is questioned, the Water District upon request will cause an official test to be made, which will be as follows:

    1. The concessionaire shall be duly notified of the time and place for the conduct of such test and may be present during the test.
    2. The water meter must be tested on variable rates of delivery and if the average rate of registration is more than two (2) percent in excess of the total quantity of water passing through the meter, the Water District shall adjust the water bill based on the provisions of Section 25.
    3. If the water meter is within two (2) percent of accuracy, the requesting concessionaire has to pay a service charge of FIFTY PESOS only (P50.00) which will be included in his next month’s bill. (As amended by BOD Res. No. 011, Series of 2002, dated 18 February 2002)

 

SECTION 25 Basis for Computation of Adjusted Bills

The following shall be the method of computation of adjusted bills:

    1. If the water meter is 100% efficient, present reading minus previous reading equals the consumption in cubic meter.
    2. In cases where the water meter is not functioning at 100% efficiency, the formula for adjustment will be; ADJUSTMENT = 100% / Average Water Meter Efficiency X Consumption.
    3. When methods A & B are not applicable, the basis for computation shall be his average consumption in the previous three (3) months.

 

SECTION 26 Refunds.

If, for any reason a concessionaire becomes entitled to a refund such as overpayment for a closing bill or other just cause, a request shall be made by him to the Water District. In the event the overpayment was made on a bill, the amount overpaid shall either be credited to the concessionaire’s account or paid in cash.

 

SECTION 27 Adjustments.

As a general rule, no water bill adjustment will be made on all leaks after the water meter (as amended by BOD Res. No. 044, Series of 2013, dated 22 April 2013). Any materials needed shall be borne by the concessionaire including the miscellaneous service charges, if there are any.

 

SECTION 28 Meter Reading and Bill Tending Schedules.
    1. Meter Reading. Reading of the concessionaires’ water meters will start on the last two (2) working days of the month;
    2. Bill Tending Schedule.
SECTION 29 Disputed Bills.

In the event a complaint is made by a concessionaire that his water bill is excessive, an investigation will be conducted by the Water District. His water meter will be read for the second time in order to determine in particular if there are leaks in the service line and in the water meter. Should there be no leak found upon request of the concessionaire, the water meter shall be removed and subjected to test set forth in Section 25. In the event the concessionaire continues to question the water bill, a personal investigation of the said connection shall be made by the Chief Inspector and if he finds no reason to adjust on the said bill, he shall refer the disputed bill to the General Manager through his Section Chief for the ruling subject to the rights of the concessionaire to appeal such ruling.

 

SECTION 30 Disconnection of a Service Connection.

The Water District shall disconnect a service connection on the following reasons:

    1. Non-payment of water bills and other charges as in Section 23.3;
    2. Voluntary disconnection; and
    3. Illegal connections.
SECTION 31 Dropped from the Master List.

If for any reason a disconnected service connection was not re-opened after one (1) year, his application fee will be forfeited in favor of the Water District, and his service connection will be dropped from the Master List. However, this does not free the concessionaire from his obligations to the Water District. MMWD has the discretion over dropped service connections.

 

SECTION 32 Reopening of a Disconnected Service Connection.

A disconnected service connection can only be activated upon payment of all accounts and/or the necessary service charges.

 

SECTION 33 Maintenance of Service Connections.

The District shall maintain the service line before the water meter. Maintenance of the lines after the water meter shall be borne by the concessionaire.

 

SECTION 34 Miscellaneous Service Charges.

The following are the miscellaneous service charges of the Water District

 34.1 Tapping Fee— A One Hundred Fifty Pesos (P 150.00) tapping fee shall be charged to the applicant for the tapping and interconnection of in-house connection from the distribution line.

 34.2 Reconnection Fee. A reconnection fee of One Hundred Fifty Pesos (P150.00) will be charged to disconnected service   connections that opt for reconnection or re-opening.

NOTE:

    • The above stated reconnection fee covers all service connection classifications;
    • Applicable to current disconnections regardless of the number of times that a certain service connection is/was disconnected and regardless of classification;
    • A reconnection fee of One Hundred Fifty Pesos (P150.00) shall be collected from each disconnected service connection plus the full settlement of its accountability to the MMWD before the re-opening of the said service connection. (BOD Resolution No. 061, Series of 2011, dated 26 December 2011).

 34.3 Relocation Fee. A relocation fee of One Hundred Fifty Pesos (P150.00) will be charged to the relocation of a service connection upon the request of the concessionaire.

 34.4 Inspection Fee. An inspection fee of Fifty Pesos (P50.00) will be charged to cover the inspection made for the following services:

    • Transfer of connection or source;
    • Relocation; and
    • In-house plumbing or extension amounting to P300.00 or more.

 34.5 Concrete Demolition for In-house Plumbing.

    1. Roadway concrete pavement—P 125.00/linear meter
    2. Concrete Flooring—P 50.00/linear meter
    3. CHB Wall for in-house plumbing—P 100.00 lump sum
    4. Plastered/Tiled Wall for in-house plumbing endangered—–P 150.00 lump sum

(BOD Resolution No. 094, Series of 2012, dated 23 April 2012)

 34.6 Faucet Replacement/Repair. A service charge of Twenty Five Pesos (P25.00) will be collected for this service provided that no other service is involved except replacing the faucet alone or repairing any of its parts.

 34.7 Extension/Installation of Additional Outlet. A service charge of One Hundred Fifty Pesos Only (P150.00) per outlet will be collected for this service.

 34.8 Change Pipe for In-house. A service charge of One Hundred Fifty Pesos (P150.00) shall be collected as a lump sum charge for an in-house change pipe with the exception of any concrete demolition jobs.

 34.9 Trenching and Backfilling. An additional service of Mainline Excavation and Backfilling at 1 M x 1 M X 1 M with a lump sum payment of One Hundred Fifty Pesos

       (P 150.00).

    • P10.00 per linear meter for HDPE pipes (18” depth);
    • P35.00 per linear meter for 2” and 3” diameter uPVC pipes (0.70 x 0.30 mtrs trench);
    • P55.00 per linear meter for 6” diameter uPVC pipes (1 x 0.40 mtrs trench); and
    • P65.00 per linear meter for 8” diameter uPVC pipes (1 x 0.40 mtrs trench).

 34.10 Across the Road Drilling. The following lump sum charges shall apply to this service inclusive of excavation and backfilling for National Highway across the Road Drilling:

    • P 2,000.00 for ¾” diameter PE tube;
    • P 3,000.00 for 2” and 2 ½” diameter PVC pipes;
    • P 3,500.00 for 3” diameter PVC pipes; and
    • P 6,500.00 for 4” and 6” diameter PVC pipes.

 34.11 Across the Road Excavation (Standard Depth). The following charges shall apply to this service inclusive of backfilling:

    • P50.00 per linear meter for 1/2”, 3/4” and 1” diameter pipes; and
    • P125.00 per linear meter for 2” to 6” diameter PVC pipes. (BOD Resolution No. 094, Series of 2012, dated 23 April 2012)

 34.12 Meter Maintenance Fee. A Five Pesos (P5.00) monthly meter maintenance fee will be collected from a service concessionaire from his first bill henceforth to cover the maintenance, repair and replacement of his water meter. (BOD Res. 025, S-2006)

 

SECTION 35 Maintenance of Water Pressure and Shutting Down for Emergency Repairs.

The Water District shall not be liable for fluctuations of pressure in the line and it reserves the right to discontinue service while making emergency repairs or for other causes which is at its discretion. Concessionaires who are dependent on a continuous supply of water should be informed before any water interruption, except in cases wherein the interruption is unforeseen, for them to store water for their use during emergency shut-off of water supply.

 

SECTION 36 Fire Protection Capacity.

The Water District may install and maintain pipeline capacity and additional hydrants for fire protection purposes. Provided that a prior agreement has been executed with the public entity, in this case, the Bureau of Fire Protection, having principal fire protection responsibility within the District whereby the Water District will be reimbursed over the reasonable life of the said facilities for the cost of installation and operation. (Chapter VII, Section 32 of PD 198, as amended.)

 

SECTION 37 Private Fire Hydrant.

A person, firm or establishment who may want to have his own fire hydrant shall shoulder the cost of materials, (in cases where the Bureau of Fire Protection cannot provide them), and the only responsibility of the Water District is the installation and maintenance of the said fire hydrant, provided that the person, firm, or establishment will sign a memorandum of agreement/contract that the water from the fire hydrant will only be used for fire fighting purposes.

 37.1 If water is used through a fire hydrant, for any purpose other than where it is intended, which is the extinguishing of fire, the Water District shall have the right to place a meter on the fire hydrant at the owner’s expense or to shut-off the entire water supply from such premises.

 37.2 A person, firm, or establishment who has been installed a private fire hydrant shall be provided with a wrench/hydrant key necessary to operate a fire hydrant and an angle valve of a type approved by the Bureau of Fire Protection.

 

SECTION 38 Illegal Connections.

A water service connection, which is not registered and authorized by the Water District, is considered as an illegal connection:

    1. Installed without an application made to the Water District;
    2. Installed by unauthorized persons;
    3. Installed in a building different from what was indicated in the application;
    4. Unauthorized re-opening of service connections which are disconnected due to non-payment of water bills and/or due to non-compliance with the Water District’s rules and policies; and
    5. Water pilferage and other similar acts.

SECTION 39 Tampering with Water District Property/ies.

It is hereby declared unlawful for any person to:

    1. Destroy, damage or interfere with any reservoir, pipes, or other works, appliance, machinery, buildings or property of the Water District;
    2. Do any malicious act which shall injuriously affect the quantity or quality of the water delivered by the Water District or the supply, conveyance, measurement or regulation thereof, including the prevention of , or interference with the Water District’s personnel;
    3. Prevent, obstruct and interfere with the survey works and construction of water mains and distribution networks, any other related works of the Water District;
    4. Tap or make any connections with the water lines without prior authority or consent from the Water District;
    5. Tamper, install or use tampered water meters, sticks, magnets, shortening of vane wheels, and other devices to steal water or interfere with the accurate registry or metering of the water usage;
    6. Steal or pilfer water meter meters, mainlines, and other related facilities of the Water District;
    7. Steal water for profit or resale;
    8. Knowingly possess stolen or tampered water meters; and
    9. Knowingly or willfully allow the occurrence of any of the above.
SECTION 40 Prima Facie Evidence.

The presence of any of the following circumstances shall constitute prima facie evidence of theft, pilferage or of any unlawful acts enumerated in Section 38 and 39 hereof:

    1. The existence of illegal or unauthorized tapping to the water main or distribution line;
    2. The existence of any illegal connection such as reversed water meter, shortened vane wheel, bypass or other connections which adversely affect the registration of the water meter;
    3. The presence of a bored hole in a glass cover of the water meter, or at the back of any part of the meter including the vertical vane;
    4. The presence of tampered or fake seals of the water meter. Ins-spection of tampered water meter shall be done in the pre-sence of the registered water service concessionaire.
    5. The presence of reversed water meter in the premises, insertion of rod, wire or stick in the water meter, shortened vane wheel, removal or alteration of any part of the meter mechanism, use of magnet and any similar devices which interfere with the meter registration;
    6. Destruction of the water meter protection and other metering accessories; or
    7. Abnormal imprints, traces or marks found in the water meter assembly.

SECTION 41 Special Aggravating Circumstance.

The following shall be considered as special aggravating circumstances;

    1. When the violation committed is in conspiracy with at least another person, both of whom shall be considered as principals;
    2. When the offense committed is in connivance with a private plumber, officer or employee of the Water District, who shall also be considered as principals; or
    3. When violations a & b are coupled with sourcing water from illegal, unregistered, unauthorized or from a tampered water meter.

Any person who shall violate Sections 38 and 39 hereof shall upon conviction be punished by imprisonment of six (6) months to two (2) years or a fine of Two Thousand Pesos (P2,000.00) for the first offense and Six Thousand Pesos (P6,000.00) for the second offense to be imposed at the discretion of the court. If an offender is assisted in the commission of the crime by a plumber, officer or employee of the Water District, the said employee, officer or plumber upon conviction, shall be punished by imprisonment of two (2) years to six (6) years. Provided, further, that if the water stolen is for profit or resale, the offender shall upon conviction be punished by imprisonment from six (6) to twelve (12) years. If the offender is a juridical person, the penalty shall be imposed on the chairman, president, general manager, administrator, and the officers thereof who shall have knowingly permitted, or are otherwise responsible for the commission of the offense. (BOD Res. No. 029, S-1998, dated 13 September 1998 and Section 31 of PD 198).

 

SECTION 42 Incentive for Reported Illegal Connections.

Persons who reported illegal connections, tampering of water meters, pilferage and similar acts where a prima facie evidence exists will receive an incentive of 20% of the amount of penalty. His report will also be treated as confidential. (BOD Res. No. 030, Series of 1998, dated 13 September 1998).

SECTION 43 Usage of Electrical and Mechanical Suction Pumps.

It is strictly prohibited for any person, firm or corporation to use electrical and/or mechanical suction pump directly in his service lines in order to augment the supply of water in his premises. This will not only distort the water in the distribution line but this could also lead to the destruction of the water meter.

 

SECTION 44

If any section, subsection, clause or phrase of this Utility Rules and Regulations for any reason is held to be unconstitutional, illegal, or unlawful, such decision shall not affect the validity of the remaining portion of these rules and regulations.