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ss Insght
Tuesday, March 19, 2019
l

Manila Water violated

mandate, says MWSS I

But regulator poM/edess to impose fines

BY WENDELL VIGIUA
THE Mettopolitan Waterworks and
Sewerage System (MWSS) yesterday
said the Manila Water Company, Inc.,
which provides water to the East Zone
of Metro Manila, violated its mandate to
provide uninterupted water services to
consumers but vrould Jikely escape 6nes.
"Based on the terms of the conces-
sionaire's agreement, Manila r0fater has
violated tlreir mandate to provtde 24/7
water," MWSS chief regulator Pattick
Lester Ty told 4n ovetsight hearing of
the House committee on Metro Manila
development chaited b.y Rep. Nfinrue
Castelo €DP-Laban, Quezon Ciry).
But the M!?SS claimed it has no power
to penalize Manila Vater, with Ty saying
there is no penal ptovision in the conces
sionaire agreement that would aurhorjze
the MWSS ro impose 6nes and penaltics
against the etting water provider,
"Unfotunately, the MWSS Regulatoty
Office is not given any power to impose
fines and penaldes," said Ty, adding the
MWSS Regulatory Office sent not-ices
of violation to Manila Water last Match
8,11 and 12.
Manila lfater Ptesident Ferdinaqd dela
Cruz had pubLicly apologized for the
water inteffuption in Metro Manila and
Rizal and even offered to tesign, saying he
is "holding bimself accountable for the
sudden drop in out service levels to yow
constituents whom we have consistendy
served .over the past 21 yeats .rllith 24 /7
water availability and sufficient vratet
ptessute."
Customers of the Ayala-Ied Manila
\lfleter in Mefto Manila and Rizal have
been experiencing low watef Plessule
since Thursday last week vrhile some
ateas have no supply at all. The interrup
tions were caused by tie dwindling watet
level aL the La Mesa Dam.
Section 10.4 of the concessionaire
contract, provides that "Failure by the
concessionaire to meet any service ob-
tigation which continues For more than
6b dry, or 15 days in cases where dre
iu,l*J."Ua adrJrsely public health orf
welfare afterwritten notice t-hereof shall
conscirute a basis for the regulat ory ofFce
to assess financial penaltiis against the
concessionaires."
Ty. however. said thc penalties would
apply on r.he next rate rebasing jn 2022
See MAMl,Al PageB8

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(1)
 MANILA
since it only happens every five
yeals.
'lX/hat will happen is that we
can take this up in the fifth-nte
rebasing but this will happen in
2022. T:ttts will affect their tariff
adjusmrent and theie charges will
be lower," he said.
This prompted Speaker Gloda
Arroro to underscore the need to
pass a Ias emposrering the MWSS
to sanction erring water conces-
slooaEes,
'T-trat (Rep.) Winnie Castelo
^was s'hisperiog to me is pethaps
in the law, we have to add penalty
a
prorision for tlose who failed to
comph- with some pars of the
concession agreement. He says
ttrat that seems to be what's rniss-
iog ir the lav Thatt an issue of
tlle deficiency in the law," Arroyo
told rcporters on the sidelines of
the joint hearing
Rep. Antonio Tinio €L, ACT)
slammed the MWSS, saying he
*as "aghast and "astounded at the
incompetence being displayed by
this regulator."
Tinio criticized the M!0SS for
choosiog to interpret the contiact
io such a way that it would appear
po\r'edess to protect consumeis.
Ti. horrer.et, insisted this vras
ptecisely the reason why the
trfWSS has been repeatedly re-
questing Congress to petition for a
Department of !flater and a watei
regulatorr commission.
qTE'RE SORRY
Dela Cruz, in his apologry, said:
'Your honor, *rough your help,
I, as ptesident of Manila lfater,
vould like to extend out sincet-
est apology to your constituents
who aie also our customers h our
concession areas," he said.
Dela Ctuz said that oq March
6, the La Mesa Reserve breached
the cdtical level of 69 meters, pre-
venting Manila Water from getting
150 million liters per day from the
resetvoir "as the level of water
u/ent below the lowest opering it
could flow into to feach our v/atel
treatment plants in Balara."
"This additional 1 50 millioq liters
pef day is important to augment
$e 1 600 million liters per day con-
tractual allocation we get ftom the
Angat system. Without this addi-
tional 1 560 million liters pef day of
.untreated water ftom the La Mesa
Reserve, we cannot frrlly sewe the
peak demand at suffrcient pressure,
of you; constituents," he explained.
Dela Cruz also denied the water
shortage was faked so they could
fast-tack the consttuction of the
China-funded Kaliwa Dam.
"ri(/ala pong conspiracy (Ihere's
no conspiracy), Ow supply deficit
is real," Dela Cruz.
He added that 80 percent of
thek sewice coverage had been re-
sumed and they hope to make it 99
percent by rhe end of the month,
, CLASS SUIT
Dela Cruz was mum when asked
by Rep. Catlos Zatate @L,Bayatr
Muna) if Manila Water has plans
to tefuhd consumers since they still
have to pay a minimum amount fol
their water service.
"Thete is no discussion yet on
that one because out focus is in the
restoration of wate!" Dela Cruz
said. "tVe will follo.v the presctibed
ptocess of the MWSS Regulatory
Office for v'hafhas happened."
Rep. Alfredo "Albee" Benitez
@DP-Laban, Negtos Occidental),
chair of the House committee on
housing, said negligence on the
part of Manila \)Vater was esab-
lished and there should be propet
u 4e-Ao
compensation to customers."
"If we don't agree, this will re-
sult in a class action suit because
the people will seek redress in
court," he said. "If they don't
move, s'e'll be obJiged to encoui-
age class action suit."
Rep. Quenoie Gonzales (PDP-
Laban, Mandaluyong), whose
district lras hit badly by the water
crisis since March 7, agreed with
Benitez.
"In the light of this extreme
disturbance that ow city was made
to endure, I would like to appeal
to the officials of Manila Water to
seriouslv consider offering a tebate
or a discount at the very least iII
the water bills of Mandaluyong
residents for the month of March,
and at best for tle duration of
rhe crisis. I *Link that *ris is a fair
enough compensation for trla:Lila
Water's customefs for their inef
Eciency tl-rat has caused a lot of
urnecessary suffedng and discom-
fort in the lives of the people io
Mtndaltl'-ong," she said.
WATERDEP'T
NOTNEEDED
Chief Presidential Legal Coun-
sel Salvador Panelo tejected a
suggestion by Planning Secretarr
Ernesto Pernia to create a Depart-
ment of !(ater that vrould focus
on ensuring the sufficient supph.
as well managing of sources and
distribution of watei suppl)'.
"It is not needed," Panelo said,
adding: "They created their oun
problem, and they pror.ide ttre
solution. It's purely inefficiencl',
mismaiagement."
Panelo also said that after Presi-
dert Duterte ordered ovet the
of water
weekend the distribution
supply from the Angat Dam, the'
'water concessionaiies, particularly
Manila \(ater, had followed orders
Ltla Naist/
(e-)
and the supply is no*' betweeo 80
to 90 percent level.
"It looks like there v-as no
shottage. It's pure inefficieoc5
mismanagement on the palt of
Marila S(/atet- And also - I've been
watching the heating - it appears
now that even the chief regulator,
the regulatot of these two conies-
sionaires is guilty of mismanage-
menE" he said.
Pernia had suggested duing
a teler'-ision intervieq,' Iast week
that governmeflt should look at
establishing a "Depattmeot of
Water" that would "centralie" all
efforts to ensure sufficient sater
supply for the country
- includ-
ing managiog water resoulces and
disttibuting water supply.
WATERLEVELDOWN
FURTHER
\X/ater levels at La Nfesa Dam
ia Quezoo City and Argat Dam
in Bulacan further declioed in
the past 24 hours, the Philippine
Atmosphetic Geophysical aod
Astronomical Services Adminis-
tratioo (?AGASA) said yesterdar,
Hy&ologistJason Bausa said the
cdtical water le\,€l in I-a Mesa con-
tinued to drop ftom 68.69 meters
oo Sunday morning to 68.66 meters
at 6 a.m, yesterday. Bausa noted that
the 68.66 metes is the nes all-time
lowest water ele\,ztion of Ia trfesa.
Last Thursday, the water reserve
in the dam dipped to 68.74meters,
breaching the presious tecord-low
of 68.75 metets registered during
the 1998 El Niio season.
Bausa said Argat Dam's water
Ievel dropped to 198.29 meters
yesterday morning ftom the 1 98.54
metels on Sunday morrriog He
noted that tlis elevatioo was still
far &om its critical lorr lercl of 1 80
metets. - With Jocelgn Montet ra!-
ot andAngela Inpeqde Leon