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Utilities firm, regulator plead for reconsideration

Elmer N. Manuel · Sep 19, 2019, 3:00 AM

Following the Supreme Court (SC) ruling penalizing the water concessionaires for violation of the country’s clean water act, the Manila Water Company Inc. and Maynilad on Wednesday vowed to contest the imposition of the fine of P921.5 million.

In a statement, Maynilad, a unit of the Metro Pacific Investment Corp. and the Ayala-led concessionaire Manila Water said they will file their respective motion for reconsideration by 2 October.

“We would like to affirm that the company will exercise all its legal options, including the filing of a motion for reconsideration by 2 October 2019,” Manila Water said.

“Maynilad shall file a Motion for Reconsideration of the Decision with the Supreme Court on or before 2 October 2019,” Metro Pacific said.

To recall, the SC in August held Manila Water, Maynilad and regulator Metropolitan Waterworks and Sewerage System (MWSS) “jointly and severally liable” for violation of Section 8 of the Philippine Clean Water Act.

The section requires MWSS and water concessionaires to connect existing sewage lines found in all establishments to the available sewerage system and the decision covered the period 7 May 2009 to the date of promulgation on 6 August 2019.

Maynilad earlier said it would also file a similar appeal.

The case arose from a decision of the Department of Environment and Natural Resources (DENR) in 2009 penalizing the MWSS and the two concessionaires with a fine of P29.4 million for the violations.

The Court of Appeals in 2011 affirmed the DENR’s decisions.