MWSS ‘powerless’ to punish Manila Water – regulator

Credit to Author: cbibe| Date: Mon, 18 Mar 2019 02:38:07 +0000

MANILA, Philippines — The Manila Water Company, Inc. has violated its mandate to provide uninterrupted water services to consumers but the Metropolitan Waterworks and Sewerage System (MWSS) Regulatory Office admitted that it has no power to penalize the water concessionaire.

“Based on the terms of the concessionaire’s agreement, Manila Water has violated their mandate to provide 24/7 water,” MWSS Chief Regulator Patrick Lester Ty told the House committee on Metro Manila development on Monday.

However, MWSS’ hands are apparently tied as they have no power to hold the Manila Water accountable. Ty then said this was the reason why they had been pushing for the creation of a Department of Water.

“There’s no penal provision in the concessionaire agreement authorizing the MWSS regulatory office to impose any fines and penalties. That is why the MWSS has been repeatedly requesting Congress to petition for a Department of Water and a water regulatory commission to allow the imposing of these fines and penalties,” Ty explained.

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“If we try to do that we can be sued in court,” he added.

When asked by Negros Occidental 3rd District Rep.Alfredo Benitez if he thought that this was a “defect” on the concessionaire agreement, Ty agreed.

Manila Water President Ferdinand Dela Cruz meanwhile said they were willing to pay any fines which would be required by MWSS. He also assured any cost they used to cure their water deficit won’t be charged to consumers.

READ: Manila Water CEO says ‘sorry’ for water woes

Deficiency in the law 

In a separate interview, House Speaker Gloria Macapagal Arroyo said there might be a need for a new law giving the MWSS power to penalize erring water concessionaires.

“What (Quezon City Rep.) Winnie Castelo was whispering to me is perhaps in the law, we have to add a penalty provision for those who failed to comply with some parts of the concession agreement,” the Pampanga congresswoman said.

“He says that that seems to be what’s missing in the law. So, that is not an issue with the presentation, that’s an issue of the deficiency in the law,” she added. /cbb

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