THE Liloan Municipal Council has authorized the mayor to terminate immediately the memorandum of agreement (MOA) the Municipal Government entered with Metropolitan Cebu Water District (MCWD) in 1992, which covers the conditions for the operation of 17 wells in the northern town.
In a resolution approved on Wednesday, Sept. 25, 2019, the council revoked the authority conferred by the Sanggunian in favor of MCWD cited in the MOA dated Dec. 21, 1992 and other amendments to the agreement.
The same resolution expressed the Municipality’s “severe dissatisfaction and frustration over the debilitating services of MCWD in Liloan under MCWD’s current management and composition.”
In the past days, seven of eight local government units (LGUs) within MCWD’s franchise area have called out MCWD for its poor and unreliable service, citing the water supply shortage that continues to affect their constituents.
The towns of Consolacion, Cordova and Liloan and the cities of Talisay, Cebu, Lapu-Lapu and Mandaue have passed resolutions expressing their dissatisfaction with the service of MCWD.
The Provincial Board passed a similar resolution on Monday, Sept. 23, and asked the Office of Ombudsman to explore the possibility of filing appropriate charges against accountable MCWD officials.
In 1992, MCWD dug and operated 17 well in Barangays San Vicente, Jubay, and Cotcot in Liloan.
The wells with water pumps drew some 20,000 cubic meters of groundwater a day for distribution to its customers in Metro Cebu, including Liloan and Mactan Island.
To address the complaints and opposition from residents regarding the possibility that their existing private and public wells would dry up and/or suffer the intrusion of saltwater, which would render its water unsuitable for drinking, the Municipal Government and MCWD entered into a MOA.
The MOA was supposed to address the problems that may arise from MCWD’s operation of its electric wells. It lays down several measures and remedies as requirements for MCWD to operate.
But in its resolution, the council said since the MOA was signed, MCWD failed to comply with certain requirements.
As cited by the council, among the provisions of the MOA allegedly violated by the MCWD is the provision that states that “should the water sources of any or all of the MCWD water pumps be damaged as a result of MCWD operation, MCWD shall pay Liloan the amount of P5 million, as liquidated damages, for every MCWD water pumps whose water sources is/are damaged.”
The MCWD failed to make payment of liquidated damages of P10 million for the two wells damaged during the MCWD’s operation of the same, the council said.
The council demanded payment from MCWD.
“Over the years, the local government received numerous complaints from MCWD clients in Liloan due to their poor service, as well as noted violations of the MOA. Yet, despite followups by the Municipal Government, these complaints subsist because MCWD has not resolved to improve its services,” the resolution read.
The council lamented that MCWD failed to provide sufficient water supply to Liloan, with poor and unreliable service in the barangays. It also failed to install communal faucets in mountain barangays 27 years after the MOA was signed.
“It is gravely unjust and disadvantageous to the Municipality and the people of Liloan that while MCWD continues to take advantage of the natural resources of Liloan and draw massive amounts of water therefrom, the water that is supplied to Liloan’s residents is grossly disproportionate... unfairly depleting Liloan’s resources and annual share for MCWD’s profitable use of Liloan’s natural resources,” the council said.
In a statement, the MCWD appealed to Liloan officials to consider the water needs of their constituents if they decide to terminate the MOA since 20,000 household stand to lose water supply if the wells stop operating.
“The consumers in Liloan will be the ones who will suffer the most. We reiterate, MCWD has solutions to the supply issue and these solutions need the LGU’s full support,” it said.
At present, MCWD’s high-level reservoir in Liloan receives the bulk water supply from the Cebu Manila Water Development Inc. in Carmen town and it will soon receive the bulk water supply from Danao City, which it said is proof that the water district is intent to bring more water to the town to serve its growing needs.
The MCWD also apologized to the LGUs that have formally expressed their concerns and their dissatisfaction with its services.
MCWD spokesperson Charmaine Rodriguez-Kara said they will present to each mayor the supply and demand situation and the water district’s short, medium, and long-term solutions to the water supply shortage.
“MCWD will ask for each mayor’s help in developing new sources and for local legislative bodies to pass laws protecting sources and all activities aimed at increasing water supply,” reads a portion of the MCWD statement.
Earlier, the Lapu-Lapu City Council also passed a resolution, expressing its dissatisfaction with the services of the MCWD.
The council used as basis the water district’s failure to supply ample water to city residents, especially during the summer months, and blamed the MCWD’s lack of planning.
It also cited the MCWD’s failure to return to their previous condition several roads the water district dug up when it installed pipes, resulting in traffic in affected areas.
The City, it said, has received numerous complaints against the MCWD’s services on text messages and social media, among other mediums of communication.
The resolution also wants the MCWD to investigate the latter’s failure to serve its customers and to file charges against officials if necessary. (WBS, with a report from GCM of SuperBalita Cebu, PJB)