08/08/2023
This is our official statement in response to the allegations circulating within the community.
It’s been 8 months after we have officially opened the water refilling business named after our place, Purok Molave, Brgy.,Upper Tibanban.
We are very excited and hopeful on our strategic plan to pursue this venture as we finally able to offer one of the best potable spring waters to the neighbouring communities of Governor Generoso in which Safety and quality is our first priority.
Like any business process, we made feasibility study, thorough research, planning and analysis of the business plan and accordingly obtained legal documentations, microbiological and chemical testing of water and others.
In October 2022, we commenced testing the overall operations and processes as well as finalizing all the necessary measures in place until business was officially opened in January 2023.
During the beginning of the year, I personally visited DENR office at Lupon to query the pre-requisites maybe obtained for utilizing spring water source, however none is required and referred us the Presidential Decree 1067 as point of reference and further information to seek if required from the DENR regional office in Davao City.
The law states:
WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines provides, inter alia, that all waters of the Philippines belong to the State;
Article 6 - The following water found on private lands belong to the state:
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
d. Subterranean or ground waters; and
e. Water in swamps and marshes.
The government only can control, regulate and subject the riverbanks for public easement usually 3-6 meters wide on both sides. Public easement means even if that is covered by your land title, you have no right to restrict and control on the river, streams, springs, lagoons and etc.
Therefore, the private owner of the property cannot prohibit the public to access on the river, streams, lake, lagoons, spring etc. because that belongs to the government literally, technically and legally.
Any claim, control and restriction by anyone on the rivers, streams, springs, lagoons, etc. has no legal basis under the existing laws of our land.
The truth of the matter is that, the management of Molave Spring Water is liable only to the public in ensuring access of safe and quality water across Governor Generoso.
Reference: Presidential Decree No. 1076 s. 1976
Disclaimer: not legal opinion, consult your lawyer
Signed on December 31, 1976: A decree instituting a Water Code, thereby revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources