DAVAO City is open to a dialogue with the Davao City Water District (DCWD) regarding the latter's special civil case against the City Council and City Treasurer Rodrigo Riola.

Riola said Wednesday that the city has always been open to discussion since the matter on collecting from DCWD came up in 1992.

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DCWD on September 17 filed a special civil case against the City Council and the City Treasurer of Davao. It urged the Regional Trial Court (RTC) Southern Mindanao to intervene and declare that Resolution 0133-04 of the City Council does not apply to the water district.

Resolution 0133-04, which was approved on September 14, 2004, directs the city treasurer to compute, assess, demand and collect from the DCWD and all other National Government agencies, including government-owned and -controlled corporations (GOCCs) operating within the city, franchise tax, real estate tax and water utilization fee due to the City Government in accordance with Republic Act (RA) 7160 or the Local Government Code.

"Before we've already had discussion with the DCWD, nakigstorya mi, pero kadugayan naundang man pud (we talked but soon our discussions stopped)," Riola said.

The city, since 1992, has been unable to collect from the DCWD, Riola said.

"Even when a resolution was passed in 2004, hindi kami naka-collect. What we've been demanding ever since is on the collection for the utilization of national wealth because meron namang profit ang operations nila," Riola said.

"But since may mga legalities involved dito, I put it into the hands of the City Legal Office na lang. Hindi ko na dadagdagan pa ng opinyon," Riola said.

Riola said if the DCWD wishes to have a dialogue with the city, the latter will welcome such.

Meanwhile, the City Legal Office on October 15 has filed a case in response to DCWD, said lawyer Oscar Mata, who handles the case for the city.

Mata said the city's argument would put emphasis as the collection being the city's share of national wealth.

"(The collection of) shares are not a form of taxation. Our position is the collection being a share of the national wealth," Mata said.

Mata refused to disclose further as the case is formally under contention in RTC Branch 11.

In their case, DCWD argued that the sole purpose of the resolution's creation was "to ensure the uninterrupted adequate supply and distribution of potable water for domestic, municipal, industrial, commercial and agricultural purposes, more particularly for the benefits of the inhabitants and residents of the city of Davao."

DCWD said it does not engage in the "utilization and development of national wealth" but only in the operation and maintenance of potable water supply and distribution systems, including wastewater disposal.

It also said that its "operation and maintenance of waterworks" is not primarily intended to generate income or derive profits, but to provide the public with necessity needed in daily life. (JCZ)