That’s his call. If he feels that there is now a need for that, then he will do it.

Chief Presidential Legal Counsel and presidential spokesman Salvador Panelo

The exercise of extraordinary powers to end the perennial water crisis that includes the option of a takeover of water concessionaires will be triggered by a declaration of an emergency situation that would require approval from Congress, the Palace said yesterday.

Chief Presidential Legal Counsel and presidential spokesman Salvador Panelo said a declaration of a national emergency could be raised if the problem in water supply worsens.

Both the Manila Water Company Inc. and Maynilad Water Services Inc. have implemented rotational supply interruptions in Metro Manila that last for four to 18 hours.

Panelo underlined that expropriation of the concessionaires is among President Rodrigo Duterte’s options to solve the crisis.

“Yes he said “I will assume control,” so that means government takeover,” Panelo said.

“If you cannot solve the crisis, then I will do it for you,” the President said in an address on Monday.

When asked if the possible takeover of public utilities is legal, Panelo said it is.

“The legal basis is always when you know, the provision of the Constitution is very clear — the President’s primary duty as head of state of the government is to serve and to protect the people.

So, any situation arising that will endanger or imperil the safety of the people, then the President has to take over,” he said.

“That’s his call. If he feels that there is now a need for that, then he will do it,” he added.

However, Panelo said the President hasn’t made any decision yet on the matter.

“He hasn’t said so, but he said ‘I will take over if there is a need for it,’” Panelo quoted the President.

When asked about the scenarios that would warrant such takeover, Panelo said if the water crisis worsens.

With regard to the Metropolitan Waterworks and Sewerage System (MWSS) which is among those being pointed to as a culprit in the crisis, it will also be made answerable despite it being a government regulator.

Panelo said if they violated the law, MWSS officials will be prosecuted. A revamp of the government agency could also be in the offing.

When asked if the water concessionaires are included in the exercise of emergency power, Panelo said yes.

“That’s also included, because if the government institution cannot solve the problem, it only means that you need to change the inside,” he said.

Panelo said under Article 12, Section 17 of the Constitution: “In times of national emergency, when the public interest requires it, the state may during the emergency or under reasonable terms temporarily takeover or direct the operation of any privately-owned public utility or business affected with public interest.”

When asked how long will the President decide whether to take over the utilities or call for a revamp of water officials, Panelo said: “Let us see how the situation evolves or develops.”

Senator Panfilo Lacson shared the view that an emergency situation needed to be declared.

“Given a looming, if not already existing water crisis, Congress may delegate to the President the power of the state to take over the operation of public utilities,” he said in a statement.

“However, the President has to declare an emergency and if Congress delegates that power to him, the government must be ready to compensate whatever losses the private concessionaire would incur during the period of the government takeover,” Lacson added.

On Monday, Duterte said that he would use these powers to push the construction of Kaliwa Dam in Quezon and Rizal Provinces which was funded through a loan agreement with China.

The said dam was expected to provide a solution to the recurring water shortages in Metro Manila and provinces nearby. However, some local governments, various environmental groups and indigenous people are challenging its construction.

“Let me be very clear to citizens and to all, you have the right to protest if it really would place your place in jeopardy. But if the safeguards are there, then between your concerns and the crisis that we are trying to avoid, I will use the extraordinary powers of the Presidency,” Mr. Duterte told reporters.

Pressed what specific powers he is considering, the President replied: “Police power of the state could be used.”

“I could not just allow people to go about without water even for drinking. You just place the safeguards. It might create some danger or damage but that is not my concern. My concern is the welfare, the greatest good for the greatest number. That is democracy,” he added.

Meanwhile, Senator Win Gatchalian said that the country’s water shortage cannot be attributed to the distribution of the two water concessionaires in the Metro, saying the source of water is the main problem.

“The problem is not in the distribution, the problem is in the source, we don’t have other sources because our only source is La Mesa (dam), you solve the source you solve the distribution. So, our missing link right now is the distribution, we need to find a solution to the source,” he said in an ambush interview.