MWSS gets to keep income under SC ruling
The motion sought to compel MWSS to pay the local government a share of the proceeds from the use of water resources from Angat Dam.
Daily TribuneThe motion sought to compel MWSS to pay the local government a share of the proceeds from the use of water resources from Angat Dam.
The Supreme Court of the Philippines (SC)
The Supreme Court has upheld its decision that the Metropolitan Waterworks and Sewerage System (MWSS) is not obligated to share proceeds from its use of Angat Dam with the Bulacan provincial government.
In a decision published on 30 August, the Court, led by Associate Justice Henri Jean Paul B. Inting, denied the motion for reconsideration filed by the Bulacan government.
The motion sought to compel MWSS to pay the local government a share of the proceeds from the use of water resources from Angat Dam.
The Bulacan government had initially won a favorable ruling from the Regional Trial Court, which was later affirmed by the Court of Appeals.
However, the Supreme Court (SC) reversed these rulings, prompting the provincial government to file the current motion for reconsideration.
In its denial, the SC reiterated the conditions under which a local government unit (LGU) is entitled to a share in the use of national wealth: (1) the national wealth must be a natural resource, (2) it must be located within the LGU’s territory, and (3) the proceeds must come from the use of that natural wealth.
The Court determined that the first condition was not met in this case, as the water impounded in Angat Dam is no longer considered a natural resource once it has been extracted from the Angat River by the National Power Corporation (NPC).
According to the ruling, once water is removed from its natural source, it is classified as an artificial, man-made resource.
The Court also emphasized that only the NPC, which operates Angat Dam for power generation, is involved in the extraction of water.
Therefore, the NPC, as the direct extractor, is responsible for paying the Bulacan government its share of the national wealth, a responsibility that the NPC has been fulfilling, the SC said.
