Title
Privatization of MWSS Operations
Law
Executive Order No. 311
Decision Date
Mar 20, 1996
Fidel V. Ramos' Executive Order No. 311 mandates the Metropolitan Waterworks and Sewerage System to engage the private sector in financing, constructing, and operating water supply and sewerage facilities to effectively address the national water crisis.
A

Reorganization of MWSS and Private Sector Participation

  • MWSS reorganization was initiated under Executive Order No. 286 (1995), consistent with governance reforms for streamlined, more effective operations.
  • The reorganization aimed at addressing dysfunctions and preparing MWSS for eventual privatization where feasible.
  • Private sector participation is encouraged through franchising, concessions, management contracts, privatization, or other arrangements involving MWSS operations or facilities.

Mandate for Private Sector Involvement

  • MWSS is ordered to engage the private sector in all or any segments, operations, or facilities.
  • Private sector participation may take forms including:
    • Franchising, concession, management agreements, or similar arrangements.
    • Privatization of MWSS segments or facilities.
    • Implementation of projects under BOT and related schemes, covering financing, construction, repair, rehabilitation, improvement, and operation of water-related infrastructure.

Legal Framework and Implementation

  • MWSS’s execution of this order subject to Presidential approval and governed by:
    • Republic Act No. 8041 (National Water Crisis Act of 1995).
    • Proclamation No. 50 (amended) and related regulations; revocation of MWSS’s retention under Executive Order No. 37.
    • Republic Act No. 6957, as amended by Republic Act No. 7718, including their implementing rules.
    • Other applicable laws, rules, orders, or proclamations deemed appropriate by MWSS.

Effect and Repeal of Inconsistent Issuances

  • All executive issuances, orders, rules, and regulations inconsistent with this Executive Order are revoked, amended, or modified.
  • The order takes effect immediately upon signing.

Penalties and Enforcement

  • The Executive Order does not specifically enumerate penalties or sanctions but implies compliance through administrative and legal oversight under existing laws governing MWSS and infrastructure projects.

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