Title
Amendment to Metropolitan Waterworks Charter
Law
Presidential Decree No. 425
Decision Date
Mar 29, 1974
Presidential Decree No. 425 amends Republic Act No. 6234 to provide reliable capitalization for the MWSS and grants it authority over water sources and private properties, emphasizing the importance of preventing environmental pollution and promoting the conservation and development of national resources.
A

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.

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