THERE’S a brewing water issue in the birthplace of my mother, the late Rosalinda Lungay Sales, PhD, and like what my “Kwentas Klaras” co-host said, I am a stakeholder since my close relations live there.
First things first. In governance, leaders commit to transparency and public access, among others, to enable the constituency to understand the decision-making process. Now, commitment to transparency is fleshed out through effective communication, or for leaders, leadership communication.
Communication has a cycle. I will make it simple. First, the sender – in this case the local government unit (LGU); second, the medium or channel that conveys the message (through either of the following: focused group discussion, consultative meeting, public consultation, public hearing, official document, announcement through tri-media, social media, and other forms of communication vehicle); arriving at the recipient (third) who decodes it; and then sends his feedback (fourth). The feedback process is part of the communication cycle. LGUs are duty-bound to listen to the feedback of their constituents before arriving at any decision.
Having said that, this column refers to the Memorandum of Agreement (MOA) involving water extraction by and between the local government unit (LGU) of Balilihan and the Bohol Water Utilities, Inc. (BWUI). The bulk water supply to be extracted by BWUI shall be for its exclusive use and its service area.
In a review with a lawyer, the following points were highlighted. Sangguniang Bayan (SB) Resolution 139-2020 authorizes the local chief executive to sign a Memorandum of Understanding (MOU). It’s not a Memorandum of Agreement (MOA) yet. The lawyer stressed that there is a huge legal difference between MOU and MOA. However, either way, both the MOU and MOA are disadvantageous to the LGU and the Balilinhon, according to the lawyer.
Since “public consultations”, according to a municipal councilor I interviewed on Kwentas Klaras this week, were done only through the Barangay Chairpersons – the stakeholders were not consulted on the ground that Barangay Chairpersons represented the whole constituency of Balilihan and “no assets will be disposed of”, the issue has sparked controversy and has put the leadership of Balilihan on the defensive. Question: What is the remedy of the legislative and executive departments of Balilihan now?
I have attended several LGU consultations in my adoptive city and these consultations did not even cover issues that involved assets of the city. So, pray tell, explain to me the rationale.
Now for brass tacks as pointed out by the lawyer.
Water Permit. It appears that the existing water permits for Del Carmen Sur, Magsija, and Maslog will be assigned or (shared?) with BWUI. How will this benefit the said Barangays and more importantly, how will this affect the existing water supply of the Barangays?
Secondly, why can’t BWUI apply permit on its own? It appears that the National Water Resources Board (NWRB) allows transfer, lease but silent on sharing of water permit. If the LGU chooses to lease or transfer its water permit, then it will surrender its right to extract water for its LGU-managed water supply facilities. However, “sharing” of a water permit does not have any legal basis either. (https://www.nwrb.gov.ph/index.php/products-and-services/water-permit-application)
Volume of Extraction. In case BWUI seeks to extract more water per day, it shall ask for a written approval from the LGU and for the latter to apply for flow rate amendment with NWRB. It appears the LGU becomes BWUI’s agent. Balilihan will serve as BWUI’s agent for NWRB dealings for the whole duration of the contract. Is this the intention?
Fee Adjustment. Fee adjustment is lower than inflation rate. The 5% increase every five years is not even sufficient to cover the yearly inflation rate (1.3%-5% per year, not every five years). With a 5% increase every 5 years, the extraction fee will be 1 php (Piso) after 25 years. Question: Is there any feasibility study or projection that supports this?
Provision of potable water “Free of Charge”. The lawyer wants to clarify this. Is the 5% free water cumulative from all water sources in Balilihan or is it per pumping station? Who will benefit from this “free water”? Will it be used to resell to Balilihan households or for the exclusive use of the LGU? On, “Where a portion of the free water is not consumed, such unconsumed water balance can no longer be claimed by the MUNICIPALITY for use and consumption for the next succeeding month”. Why so? When “The MUNICIPALITY shall not claim an Extraction Fee for the free water provided by BWUI”, according to the MOU. (To be continued)
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Writer can be reached at belca.87@gmail.com. Twitter @ShilohRuthie./PN
