Metropolitan Waterworks and Sewerage System (MWSS) Development Program
- MWSS implemented an interim program for water supply continuity up to 1973.
- A long-range construction and improvement program began in 1974 to meet growing water demand.
- Expansion includes service to population and industrial/commercial entities.
- Sewerage system maintenance recognized as vital, necessitating fiscal projections and capitalization.
Conversion to Stock Corporation for Capitalization
- MWSS authorized a capital stock of one billion pesos divided into 10 million shares (par value of 100 pesos each).
- Shares are non-transferable and non-negotiable, subscribed and paid by the Government.
- Subscription includes conversion of bonded indebtedness, organizational loans, reparations-related costs, and possible future capital contributions.
Construction Across Public and Private Properties
- MWSS empowered to construct water-related works across streams, canals, roads, railways, public or private property.
- Works must ensure safety, restoration of crossed properties, and avoid impairing usefulness.
- Right-of-way granted on government lands with due notice; entry into private property allowed with fair compensation.
- Compensation includes fair market value based on tax declarations and value of improvements.
- Claims for compensation must be filed within five years of establishment; no suit thereafter.
Environmental Measures and Resource Conservation
- MWSS required to prevent environmental pollution in projects and promote conservation and development of resources.
- Provision for beautification and tourism promotion at reservoirs and treatment facilities.
- Necessary corporate funds allocated for these purposes.
Board of Trustees: Composition, Qualifications, and Powers
- Board composed of five members: Chairman, three Trustees (appointed by President), and General Manager as ex officio Vice-Chairman.
- Members serve three-year terms; must be licensed professionals with 10+ years experience.
- Board powers include policy formulation, budget adoption, staffing determination (excluding WAPCO rules), appointments of General Manager and assistants, suspension/removal of personnel, employment guidelines, and rulemaking for sanitary protection and operations.
Board Meetings, Quorum, Voting, and Per Diems
- Quorum requires majority including Chairman or Vice-Chairman.
- Actions require affirmative votes of three members.
- Per diem compensation for meetings limited to specified amounts.
General Manager and Assistant General Managers: Appointment and Roles
- General Manager appointed by President; term at President’s pleasure; minimum compensation fixed.
- Four Assistant General Managers assigned to key functional areas, appointed by Board, with minimum salaries.
- Temporary designation of acting officers during absences specified.
General Manager’s Powers and Duties
- Execute Board policies and ensure efficient management.
- Recommend policies and measures to Board.
- Direct operations and administrative functions; delegate duties.
- Appoint, promote, suspend, or remove personnel subject to Board approval and Civil Service law.
Authority to Incur Indebtedness and Issue Bonds
- Board may incur domestic indebtedness or issue bonds with required approvals.
- Bonds exempt from all taxes and acceptable as government security.
- Sinking fund established under Treasurer of the Philippines; funds invested with approvals.
- Philippine government guarantees bond payment and reserves appropriations for defaults.
- Annual reserve of 5% net operating revenues set aside as sinking fund, ceasing when reserve exceeds advances.
- Domestic indebtedness capped at one billion pesos.
- Foreign loans up to two hundred million US dollars authorized; President authorized to negotiate and guarantee.
- Exemptions from taxes and import restrictions for loans and related procurements.
Public Bidding for Construction and Repair Work
- Works costing 75,000 pesos or more require public bidding and approval by Board.
- Bonds required from contractors for performance and obligations.
- Exceptions exist for emergency work and projects below the threshold.
Offenses and Penalties
- Malicious destruction or interference with MWSS property punishable by fines (1,000 to 5,000 pesos), imprisonment (1 to 5 years), or both.
- Damage to water or sewage flow systems likewise penalized.
- Illegal connections subject to fines (up to 1,000 pesos), imprisonment (up to six months), or both.
- MWSS authorized to disconnect illegal connections pending court action.
Audit and Financial Oversight
- Commission on Audit Chairman designated as ex officio auditor.
- Relevant auditing provisions and offices apply as per amended laws.
Personnel Expense Restrictions Removed
- Prior limitation that salaries and benefits not exceed 35% of gross income removed.
Nonprofit Status and Tax Exemptions
- MWSS declared a nonprofit entity, reinvesting all returns into expansion and improvement.
- Exempt from all national and local taxes, duties, fees, imposts, charges, including income, franchise, and real property taxes.
- Exempt from taxes on imported foreign goods for operations and projects.
Repeal and Effectivity
- Conflicting laws and regulations repealed or modified.
- Decree effective immediately upon enactment.