Saort
Republic of the Philippines oe

HOUSE OF REPRESENTATIV
Quezon City

NINETEENTH CONGRESS\, <

First Regular Session \\ +

HOUSE BILL NO. __ 558

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

EXPLANATORY NOTE

There has been a raging controversy in the province and cities of
Cebu, particularly in localities served by the Metropolitan Cebu Water
District (MCWD), over the persons and entities to blame for the
undisputed failure of the water district to supply adequate water to its
consumers;

Many consumers have laid a large part of the blame for MCWD’s
dismal performance on their governor and respective city or town mayor
and congressman for allegedly neglecting to prod and push the water
district to do its job;

Elected local government officials have mostly left MCWD alone, after
having been repeatedly warned by the Department of Interior and Local
Government (DILG) to keep off water district operations, an order officially
recorded and circulated in these memorandum-circulars in a span of 31
years;

[ ] Memorandum-Circular #88-15 of March 1, 1998, by Secretary
Luis T. Santos;

[] M-C #97-78 of April 14, 1997, by Secretary Robert Barbers;

[] M-C #2005-21 of March 4, 2005, by Secretary Angelo T. Reyes;
and

[] M-C #2019-03 of January 15, 2019, by Secretary Eduardo Afio.


The said circulars uniformly reminded elected local government officials
and DILG regional directors that (1) Presidential Decree #198 or Provincial
Water Utilities Act of 198, series of 1973 (Section 6, Chapter II on Purpose
and Formation, Title II) provides that the water district, once formed, is not
under the jurisdiction of any political subdivision, and (2) the water districts
should “best be allowed to operate with the least hindrance and interference
from local officials.”

The last of the serial memorandum-circulars from DILG (M-C #2019.
03) issued in January last year was most blunt and direct: The local officials
were directed “not to poke their noses into operations of water district.”

Local officials have a compelling duty to address basic needs of their
constituents, water being one of the most essential, and the current public
uproar in Cebu over the inadequate service is a strong reminder of that duty;

Local officials have a larger stake in the issue of water supply and
sharper capacity because of proximity to assess the problem than the central
agency Local Water Utilities Administration (LWUA), which is mandated by
law to administer and oversee water districts;

Obviously LWUA has failed in that, as amply demonstrated in the Cebu
controversy in which the loud outcry by elected local officials led to the recent
eviction of the five MCWD directors and resignation of its general manager
amid the continuing shortage of water in its area of service

‘The autonomy of MCWD and the other water districts in the country,
which PD #198 provides, shall not be interpreted, as DILG has done, to rule
out oversight by LGUs in helping assure adequate supply of water to their
constituents.

Friction or lack of coordination and harmony between the water district
and LWUA, on one hand, and the LGUs on the other will persist if the law is
not clarified or explicitly corrected

There is therefore the need to amend Presidential Decree #198,
series of 1973, as earlier amended, to allow and encourage the oversight
by local governments on the performance of water districts.

‘The attached bill was originally filed by my father, the late Raul V. Del

Mar during the 18th Congress, hence, refiling of this bill with earnest hope
that approval of the same be given priority

RA ne kee “CUTIE” DEL MAR



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

NINETEENTH CONGRESS
First Regular Session

556

HOUSE BILL NO.

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

AN ACT
AMENDING SECTION 6, CHAPTER II, TITLE Il OF PRESIDENTIAL
DECREE #198, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. The pertinent portion of Section 6, Chapter Il, Title II of

Presidential Decree 198, series of 1973, shall be amended to read as follows:
“Section 6. Formation of district. This Act is the source
of authorization and power to form and maintain a district
ONCE FORMED, A DISTRICT IS SUBJECT TO THE
PROVISIONS OF THIS ACT AND THE LOCAL GOVERNMENTS
WHOSE CONSTITUENTS ARE SERVED BY IT SHALL NOT
INTERFERE WITH ITS OPERATIONS BUT SHALL HAVE THE
RIGHT AND DUTY OF OVERSIGHT, SPECIFICALLY WHEN
SERVICE TO THEIR CONSTITUENTS ARE IMPAIRED. THE
MANAGEMENT OF THE DISTRICT, THROUGH ITS BOARD OF
DIRECTORS AND GENERAL MANAGER, AND THE LOCAL
WATER UTILITIES ADMINISTRATION (LWUA) SHALL GIVE
PROMPT RESPONSE TO ANY REQUEST FOR INFORMATION
OR ACTION ON A COMPLAINT OR RECOMMENDATION
AIMED TO IMPROVE ITS SERVICE. |For purposes of this Act,


a district shall be considered as a quasi-public corporation
performing public service and supplying public wants. As such,
a district shall exercise the powers, rights and privileges given to
private corporations under existing laws, in addition to the
powers granted in, and subject to such restrictions imposed,
under this Act)”

“To form a district, the legislative body of any city,
municipality of province shall enact legislation containing the
following:

“xX XXXKXXXXXXX"

SECTION 2. Separability Clause. - if any section or provision of this
Act is declared unconstitutional or invalid, the other sections or provisions

not affected thereby shall continue to be in force and effect.
SECTION 3. Repealing Clause. ~ Ail acts, decrees, executive orders,
rules and regulations, part or parts thereof inconsistent with the provisions

of this Act are hereby repealed or modified accordingly.

SECTION 4. Effectivity Clause. ~ This Act shall take effect upon its

approval.

Approved.