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Wednesday, July 09, 2008
City demands P44M share from water district
By Grace L. Plata
DAVAO CITY -- The Davao City council is not convinced with the water district's grounds for non-payment of the city's share from the proceeds derived from the use of water.
Council members insist that Davao City Water District (DCWD) should pay its dues amounting to P44,231,068.80 covering shares of the city from 1993 to 2004 as assessed by the City Treasurer's Office.
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According to DCWD's Legal Division, the local government cannot assess the local water district for utilization of national wealth.
This was based on opinions issued by the Office of the Government Corporate Council (OGCC), the counterpart of the Solicitor General in these matters, and the Local Water Utilities Administration (LWUA).
But the councilors believe this is a flimsy excuse.
"These are merely legal opinions of OGCC and LWUA. The DOJ (Department of Justice) and DILG (Department of Interior and Local Government) also have their opinions. But in cases of conflict between legal opinions and existing laws, in this case the Local Government Code, the existing law shall prevail. It is legal and has a compulsory effect in its enforcement. Every lawyer knows that," said Councilor Bonifacio Militar.
Sections 291 and 293 of the Local Government Code clearly provides that local government units is entitled to one percent from the proceeds of the utilization of national wealth, which in this case is water.
Militar added that the code also tasks the City Treasurer's Office to assess the local share.
Finance Committee Chair Myrna Dalodo-Ortiz said the DCWD will be made to pay based on the provisions of the Local Government Code and that the body is determined to assert this right. (Sun.Star Davao/Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (July 9, 2008 issue)
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