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Question 13

2023 Bar · Political Law · 1 sub-question

13. Maasikaso Water Company (MWC), a private concessionaire, entered into a 25- year concession agreement in 2009 with the Metropolitan Waterworks and Sewerage System (MWSS) for the delivery of water supply, wastewater, and sanitation services in the City of Manila. In 2019, residents of Manila filed a complaint against MWC with the Department of Environment and Natural Resources Pollution Adjudication Board for violation of the Clean Water Act (CWA). The residents alleged that the severe flooding in Manila and worsening pollution in Manila Bay had been due to the failure of MWC to provide for adequate sewage and/or septage treatment facilities, as mandated under the concession agreement. MWC countered that the primary duty to construct sewage and/or septage treatment facilities rests upon the local government unit (LGU) under Section 7 of the CWA, which states: “Each LGU shall appropriate Page 5 of 7 the necessary land, including rights-of-way/road access to the land for construction of the sewage and/or septage treatment facilities”. MWC thus maintained that it must be absolved from any form of liability considering that the City of Manila clearly failed to comply with Section 7 of the CWA. Is MWC correct? Explain.

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