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

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

In a statement on Friday, the SC said its en banc denied the motion for reconsideration filed by the province against its decision favoring MWSS.

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“The Bulacan government asked the Regional Trial Court 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,” the statement read.

“The Supreme Court ruled in favor of MWSS, which led to the filing of the present motion for reconsideration,” it added.

In denying the motion, the SC reiterated the conditions for a local government unit 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 local government’s territory
• The proceeds must come from the use of such national wealth

The SC noted that the water impounded in Angat Dam is no longer considered a natural resource as the water has already been extracted from a natural source by the National Power Commission (NPC).

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“The Court held that only the NPC, which operates the Angat Dam for power generation, is involved in its extraction,” it said.

“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 added.