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Question 13
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
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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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