Law Summary
Creation, Name, Domicile, and Jurisdiction
- Establishment of the Metropolitan Waterworks and Sewerage System (MWSS) within 30 days after enactment.
- Principal office located in Manila with branches as necessary.
- MWSS has jurisdiction over waterworks and sewerage systems in specified cities and municipalities within Metro Manila and surrounding provinces.
- Local governments may opt to separate from the MWSS under certain conditions.
- Wells and Springs Department is transferred to the Bureau of Public Works.
- Local waterworks systems retain control over water sources within their jurisdictions.
Attributes, Powers, and Functions
- MWSS exists for 50 years, renewable automatically for another 50 years.
- Power to adopt by-laws, use a corporate seal, sue and be sued.
- Authority to build, operate, and maintain water infrastructure and sewerage systems.
- Regulate the use and prevent wastage of water.
- Fix water rates and sewerage fees.
- Acquire and dispose of properties necessary for its purposes.
- Exercise eminent domain for system-related purposes.
- Contract indebtedness and issue bonds with presidential approval.
- Supervise commercial, industrial, and governmental waterworks in its jurisdiction.
- Exclusive rights regarding water meter installation and maintenance.
- Required to render annual reports to the President and Congress.
Board of Trustees: Composition and Appointment
- Board consists of a Chairman, General Manager (ex-officio Vice-Chairman), and three members.
- One member nominated by the labor union representing the majority of rank-and-file employees.
- Members must have expertise in engineering, business management, finance, law, or labor relations.
- Appointed by the President with Commission on Appointments' consent.
- Members serve staggered three-year terms.
Suspension and Removal of Trustees
- Trustees may be suspended or removed by the President upon the Secretary of Justice's recommendation after due process.
Board Meetings, Quorum, and Compensation
- Board adopts its procedural rules.
- Majority constitutes a quorum; affirmative vote of three required for decisions.
- Members receive per diem for attendance, capped monthly.
Other Officers and Employees: Appointment and Tenure
- Management vested in General Manager, assisted by four Assistant General Managers and department heads.
- General Manager appointed by the President for six years with a specified salary.
- Assistant General Managers appointed by the Board and approved by the President with defined salaries.
- Appointments and promotions have qualifications and are subject to Board approval.
Powers and Duties of the General Manager
- Direct and manage System operations per Board policies.
- Supervise officers and employees.
- Discipline and remove personnel with Board approval.
- Submit budget, personnel plantilla, financial and operational reports.
- Perform additional duties as assigned.
Appointment and Promotion: Terms and Conditions
- Officers and employees are exempt from Civil Service Law.
- The System may conduct appropriate examinations.
- Employment terms governed by law excluding WAPCO rules.
- Collective bargaining rights preserved.
Administrative Jurisdiction for Discipline
- General Manager authorized to discipline subordinate employees for various causes.
- Disciplinary actions include removal, demotion, suspension, or fines.
- Transfer without salary reduction is not disciplinary.
- Board approval required for disciplinary actions.
Audit
- Auditor General appoints an Auditor for MWSS with supporting staff.
- Salaries and staff numbers fixed by Auditor General.
- Audit office personnel subject to Civil Service.
- Annual audit reports submitted to the President, Congress, and Board.
Review of Rates by the Public Service Commission
- Water rates and fees fixed to ensure net return does not exceed 12% on rate base.
- Rates effective 15 days after publication.
- Public Service Commission has exclusive jurisdiction on rate disputes.
- Complaints must be filed within 30 days; do not stay rates.
- Commission to complete proceedings within specified timeframes.
- Excess payments reimbursed or credited if rates found excessive.
Disposition of Income
- Income allocated first to obligations and operating expenses.
- At least 50% of the balance reserved for system expansion and improvement.
- Remaining funds used to enhance operation and maintenance, including employee benefits.
Assistance to Local Systems
- MWSS may provide technical and management assistance to local waterworks upon request.
- Charges may include actual expenses plus 10% overhead.
Abolition of NWSA and Transfer of Assets
- National Waterworks and Sewerage Authority (NWSA) abolished upon MWSS organization.
- Assets, liabilities, personnel, and records transferred to MWSS.
- Inventory and valuation of NWSA assets conducted by Auditor General.
- Employees absorbed by MWSS with merit-based personnel movement.
- No reduction in salaries due to personnel movement.
- Salary expenses capped at 35% of gross income.
Gratuity
- NWSA personnel not appointed or who refuse appointment compensated for accumulated leave and retirement benefits.
- Lump-sum payments for non-qualified employees under retirement laws.
- Appropriations made for gratuities, subject to reimbursement by MWSS.
- Wells and Springs Department personnel compensated from Congressional funds if not absorbed.
- Refund required if employee reinstated in government after gratuity payment.
Transfer of Local Systems
- Local governments exercising separation rights receive transfer of local systems' assets, personnel, records, and liabilities.
- Disagreements on liabilities settled by arbitration.
- Severed employees paid gratuities as per provisions.
- Wells and Springs Department transferred to Bureau of Public Works.
- Systems transferred to local governments depending on service area.
- Outstanding obligations assumed by local government; bond debts guaranteed by national government.
- Conflicts among local governments resolved by a board of mayors, treasurers, and Auditor General's representative.
Tax Exemption
- MWSS and local governments exempt from import duties and taxes on articles used exclusively for waterworks and sewerage systems.
Repeal or Modifications
- Conflicting laws, orders, and proclamations repealed or modified accordingly.
Separability Clause
- If any provision is declared unconstitutional, the rest of the law remains unaffected.
Effectivity
- The Act takes effect immediately upon approval.