MWSS not liable to Bulacan for Angat Dam use, SC affirms

By Benjamin Pulta, Philippine News Agency

The province earlier sued before a Regional Trial Court (RTC) to compel the MWSS to pay the local government’s share for the MWSS’ use of water resources coming from Angat Dam. (File photo: Albert Lozada/Flickr, CC BY 2.0)

MANILA – The Supreme Court (SC) has affirmed its earlier decision that the Metropolitan Waterworks and Sewerage System (MWSS) is not required to share its proceeds from the use of Angat Dam with Bulacan province.

In a resolution penned by Associate Justice Henri Jean Paul B. Inting, the SC en banc turned down the motion for reconsideration filed by the provincial government of Bulacan, according to a Friday news release.

The province earlier sued before a Regional Trial Court (RTC) to compel the MWSS to pay the local government’s share for the MWSS’ use of water resources coming from Angat Dam.

The RTC granted the petition, which was affirmed by the Court of Appeals, prompting the MWSS to go before the Supreme Court.

The Supreme Court ruled in favor of the MWSS, leading to the filing of a motion for reconsideration by the Bulacan government.

In denying the motion, the high court cited three conditions for a local government unit (LGU) to be entitled to a share in the use of national wealth: the national wealth forms part of a natural resource; it is within the LGU’s territory; and the proceeds must come from the use of such national wealth.

In this case, the SC said the first condition is not met because the water impounded in Angat Dam is no longer considered a natural resource.

“It has already been extracted from a natural source, the Angat River, by the National Power (Corp. [NPC]). 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,” it said.

The SC 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,” it said.