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Friday, April 26, 2024

Consumer group slams SC ruling penalizing water concessionaires

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Consumer advocacy group CitizenWatch.PH warns of water rates spiking P12 to P16 per cubic meter because of “the Aug. 6 decision of the Supreme Court that will cause serious consequences to consumers.”

In a press briefing, the High Court announced a ruling imposing almost P1-billion penalties each to MWSS concessionaires invoking Sec. 8 of the Clean Water Act which required MWSS, Maynilad and Manila Water to connect existing sewer lines of households and establishments to their network within five years, or by May 2009.

The consumer group’s legal team aired serious concern of what they see as another case of the country’s unstable policy environment and cited a prevailing ruling, G.R. Nos. 171947-48, in February 2011 which issued an extended resolution that directed MWSS and its concessionaires to put up the necessary wastewater treatment facilities until 2037 because government agencies failed to deliver on what was required of them by the law.

“This clearly clashes with the recent press announcement of the Supreme Court and will tend to scare away badly needed investments for the government’s infrastructure projects,” the group said.

For instance, all local government units in Metro Manila were required to allocate land for the sewerage treatment plants and to identify all establishments and households that are not compliant with the law and refuse to connect their sewer lines. Just like in getting cable TV, the subscriber pays for the cost to connect to the mainline.

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The group said that the Department of Public Works and Highways was also required to first prepare the master plan to guide the concessionaires and MWSS.

“Where is this plan? Is this being implemented?” it asked.

“Other government agencies were also mandated to do their part, but no one complied so why single out the concessionaires when we know a contractor cannot build unless there is a plan and there is land?”  CitizenWatch said.

Since Maynilad budgeted almost P400 billion and Manila Water almost P200 billion to complete their sewerage plans by 2037, these amounts, if the August 2019 decision were followed, would be compressed in just five years and would result in the drastic rise in water and sewerage rates.

“And that means hundreds, if not thousands, of contractors will be needed to dig up the whole Metro Manila. Traffic will be so monstrous that all business activity will be affected. This will be aggravated by even longer timelines because another government agency requires such construction work only from 10pm to 4am. It will be a huge mess”, it added.

Worse, CitizenWatch said, after complying, Manila Bay will remain polluted because the hundreds of thousands of squatter families in Metro Manila will still use it as their personal toilet.

“This decision will penalize the public without any real gain. The objective of cleaning Manila Bay will not be achieved at all because sewer treatment plants is only a small part of a very complex solution that involves all sectors of society,” it added.

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