[ Manila Bulletin Online ] October 7, 2008
A recent Supreme Court ruling affirming the right of the country’s water districts to impose production assessments on "injurious" groundwater extraction by commercial and industrial users has been hailed by Engr. Wesley Viemeza Redimano who, as then board chair of the San Pedro Water District (SPWD), waged a long-drawn legal battle to uphold such right vested in water districts by Presidential Decree 198, as amended.
The Supreme Court’s First Division upheld the water districts’ right to impose production assessments on groundwater extraction by other entities within their jurisdiction for commercial and/or industrial uses in a 12-page resolution written by Associate Justice Renato Corona, reversing a Court of Appeals decision favoring Monterey Food Corporation (MFC) in a case filed against the Dasmariñas Water District (DWD).
The High Court remanded the case back to the Regional Trial Court of Imus, Cavite, for further proceedings, stating that the lower court has jurisdiction to hear the dispute and that the claim of the DWD is meritorious, as in the determination of its right as a water district under Section 39 of PD 198, the Provincial Water Utilities Act of 1973, allows it to impose production assessments on MFC.
Redimano said the water districts have the right to prevent interference with the water of the district and to enforce such right, they are may file appropriate legal actions or proceedings as expressly provided for under Sections 31 and 39 of PD 198.
Redimano said the rights of the water districts to defend their water must be respected by the National Water Resources Board (NWRB) since the Supreme Court already affirmed such right in the MIWD vs. CA and the recent DWD vs MFC cases.
He reminded the NWRB that the legal question about the water district’s production assessment right has been resolved. The Department of Justice ruled in Tarlac City Water District vs NWRB on Aug. 7, 2005, that the power of the water districts to impose groundwater production assessments as provided for expressly under Sec. 39 of PD 198 has not been expressly or impliedly repealed by PD 1067, the Water Code of the Philippines.
A recent Supreme Court ruling affirming the right of the country’s water districts to impose production assessments on "injurious" groundwater extraction by commercial and industrial users has been hailed by Engr. Wesley Viemeza Redimano who, as then board chair of the San Pedro Water District (SPWD), waged a long-drawn legal battle to uphold such right vested in water districts by Presidential Decree 198, as amended.
The Supreme Court’s First Division upheld the water districts’ right to impose production assessments on groundwater extraction by other entities within their jurisdiction for commercial and/or industrial uses in a 12-page resolution written by Associate Justice Renato Corona, reversing a Court of Appeals decision favoring Monterey Food Corporation (MFC) in a case filed against the Dasmariñas Water District (DWD).
The High Court remanded the case back to the Regional Trial Court of Imus, Cavite, for further proceedings, stating that the lower court has jurisdiction to hear the dispute and that the claim of the DWD is meritorious, as in the determination of its right as a water district under Section 39 of PD 198, the Provincial Water Utilities Act of 1973, allows it to impose production assessments on MFC.
Redimano said the water districts have the right to prevent interference with the water of the district and to enforce such right, they are may file appropriate legal actions or proceedings as expressly provided for under Sections 31 and 39 of PD 198.
Redimano said the rights of the water districts to defend their water must be respected by the National Water Resources Board (NWRB) since the Supreme Court already affirmed such right in the MIWD vs. CA and the recent DWD vs MFC cases.
He reminded the NWRB that the legal question about the water district’s production assessment right has been resolved. The Department of Justice ruled in Tarlac City Water District vs NWRB on Aug. 7, 2005, that the power of the water districts to impose groundwater production assessments as provided for expressly under Sec. 39 of PD 198 has not been expressly or impliedly repealed by PD 1067, the Water Code of the Philippines.
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