Big strides toward water adequacy in Metro Manila
Published May 22, 2021 12:02 am

The recent signing by the government of renegotiated concession supply agreements with Manila Water Company and Maynilad Water Services Inc. in April and May, respectively, represent significant strides toward the attainment of water adequacy in their franchise areas in Metro Manila, Rizal and parts of Cavite. The new agreements cover the next 25 years.
Recall that in 2019, when Metro Manila experienced water shortage episodes, the water firms’ “oligarch” owners were threatened with “expropriation,” the application of the government’s “police power,” and being sued for “economic sabotage.”
Two years hence, and into the second year of a protracted pandemic, the government proudly points to having excluded the erstwhile “onerous” provisions of the agreements that were forged in 1997 as a new era of public-private partnerships was heralded.
Among the provisions that have been excised and are no longer included in the new agreements are the non-interference clause and pass-on provision on corporate income taxes. Moreover, contingent liabilities of the government have also been reduced substantially, to wit: Removal of the national government’s performance undertaking for future debt; and Material Government Adverse Action (MAGA) shall be limited only to actions of the executive so that the national government is not liable for things outside of its control.
Maynilad also agreed to waive its entitlement to a P3.4 billion compensation awarded by the Permanent Court of Arbitration in Singapore that ordered the Philippine government to pay for losses incurred by the firm after its water rate hike petition was disapproved.
Under the new agreement, Maynilad has committed to embark on capital expenditure projects to rehabilitate and replace old pipelines, install new pipes in unserved areas, and construct reservoirs, new pumping stations and treatment facilities – all of which are designed to upgrade customer service quality.
Most importantly, the two water firms are bound by a tariff freeze until December 31, 2022; however, a tariff adjustment for inflation is allowed up to two-thirds of the increase in the consumer price index (CPI). In the previous contract, consumers absorbed 100 percent of the inflationary impact. Consumers are also shielded from possible tariff spikes on account of foreign exchange movements after the removal of the Foreign Currency Differential Adjustment (FCDA) proviso.
Even as these new agreements bode well for water consumers in Metro Manila and nearby provinces, the country as a whole continues to aspire for water sufficiency, in keeping with the United Nations’ Sustainable Development Goal number six: “Ensure availability and sustainability of water and sanitation for all” by 2030. It is hoped that more rapid progress will be made in the ongoing major infrastructure projects geared toward ensuring water adequacy.
More immediately, both water firms must work with local officials in addressing the limited availability of water supply outlets in crowded urban poor communities. This hampers daily necessities such as cooking and personal hygiene, aside from making it difficult to enforce social distancing and other health protocols amid the pandemic.
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