Manila Water sued

MANILA, Philippines — Militant groups Bagong Alyansang Makabayan (Bayan) and Bayan Muna yesterday asked the Metropolitan Waterworks and Sewerage System (MWSS) to penalize Manila Water Co. for the water shortage problem being experienced in the east zone of Metro Manila.

In a 21-page complaint, Bayan secretary general Renato Reyes and Bayan Muna party-list Rep. Carlos Zarate said Manila Water should be penalized for violating the concession agreement.

Reyes and Zarate were accompanied by residents of Mandaluyong and Quezon City in filing the complaint before MWSS.

The complainants said the water company violated its obligation to provide continuous water supply to consumers.

They said the MWSS-Regulatory Office should act on the voluntary commitment of Manila Water to suspend the collection of water bills covering the service interruption period and ensure public participation in any proceedings.

The petitioners asked the MWSS to order Manila Water to grant rebates to all consumers, which would cover the cost for the emergency purchase of water containers and drums and other costs incurred during the period of service interruption.

They also urged the MWSS to order Manila Water to waive the P83.14 minimum charge for all customer accounts that experienced service interruption and consumed 10 cubic meters or less per month.

Reyes said they would call for public participation in the determination of penalties to be imposed on Manila Water.

He said they would ask the MWSS to hold public hearings in every affected city.

“This is necessary to determine how households, businesses and government offices were severely affected by the water crisis. A special assessment will have to be conducted,” Reyes said, adding that with the filing of the complaint, consumers could now expect a response and action from the MWSS.

The MWSS insisted due process on the penalties to be imposed on Manila Water after militant groups filed the complaints against the Ayala-led firm.

The MWSS Regulatory Office said it would still study the petition filed by Bayan and Bayan Muna.

“I explained to them that we will be studying it and see what we can do. We have to review it as we are bound by the concession agreement and what we can actually do is very limited,” MWSS chief regulator Patrick Ty told journalists yesterday.

“I cannot just say that they are guilty and then penalize them because they can use that against us and sue us. I am giving them due process and the opportunity for them to explain why they should not be penalized,” Ty said.

The MWSS Regulatory Office has asked Manila Water to explain and gave the company five days or until Saturday to respond.

“I hope the public understands that we cannot just impose administrative fines. This is beyond the Regulatory Office since we have limited authority. We are not like the other regulatory offices that can fine or issue subpoenas,” Ty said.

The MWSS-Regulatory Office had a meeting with Manila Water to discuss compensation for affected consumers and the possibility of forgoing bill collection for the time being. – With Louise Maureen Simeon,  Edu Punay, Paolo Romero, Helen Flores, Romina Cabrera, Delon Porcalla