The Supreme Court (SC) affirmed its decision holding that the Metropolitan Waterworks and Sewerage System (MWSS) is not required to share its proceeds from the use of Angat Dam with the Bulacan government.
In a press release on Friday, the SC sitting En Banc denied the motion for reconsideration filed by the Provincial Government of Bulacan (Bulacan government) in a resolution penned by Associate Justice Henri Jean Paul Inting.
The Bulacan government filed a petition before the lower court to compel the MWSS to pay the local government’s share for the MWSS’ use of water resources coming from Angat Dam.
Later, the SC ruled in favor of MWSS, which led to the filing of the present motion for reconsideration.
The SC reiterated the conditions for a local government unit (LGU) to be entitled to a share in the use of national wealth, which includes that the national wealth forms part of a natural resource; it is within the LGU’s territory; and that the proceeds must come from the use of such national wealth.
The first condition is not met in this case because the water impounded in Angat Dam is no longer considered a natural resource.
The SC noted that “it has already been extracted from a natural source, the Angat River, by the National Power Commission (NPC).”
The High Tribunal explained “once water is removed from its natural source, it ceases to be part of the natural resources of the country and becomes artificial and man-made in character.”
The Court held that only the NPC, which operates the Angat Dam for power generation, is involved in its extraction.
Since the liability for the national wealth share falls on the direct extractor, the NPC is responsible for paying the Bulacan government, and it has been complying with this obligation.
