The Cebu City Council's committee on laws, ordinances and styling returned a proposed ordinance authored by Councilor Alvin Arcilla to its author for further study due to legal and procedural concerns.
The measure aims to address water shortages and improve access to potable water in mountain barangays by allowing additional qualified bulk water suppliers to augment existing sources.
The committee recommended seeking a legal opinion from the Local Water Utilities Administration, consulting stakeholders, and considering converting the proposed ordinance into a resolution.
A PROPOSED ordinance that would allow additional bulk water suppliers to help address water shortages in Cebu City's mountain barangays has been returned to its author after the council's committee on laws, ordinances and styling raised legal and procedural concerns.
The measure, authored by Councilor Alvin Arcilla, aims to improve access to potable water in mountain barangays and other underserved areas by encouraging qualified bulk water suppliers to augment existing sources as part of the city's effort to strengthen water security.
Several upland communities in Cebu City have long experienced unreliable water service, particularly during periods of high demand, forcing residents to rely on alternative water sources and water deliveries.
Legal concerns
In its committee report, the panel recommended returning the proposed ordinance to Arcilla for further study, saying legal and technical issues must first be resolved before the measure can move forward.
The committee said that while the City Council has authority under the Local Government Code to promote the general welfare and provide basic services, including water, any ordinance affecting water distribution must comply with laws governing local water districts.
It cited the Supreme Court ruling in Metro Cebu Water District v. Margarita A. Adala (G.R. No. 168914), which held that the Metro Cebu Water District (MCWD) does not have an exclusive franchise to supply water within Cebu City, allowing other qualified suppliers to operate under existing laws.
Existing authority
The panel said, however, that MCWD was created through a Cebu City ordinance in 1974 under Presidential Decree No. 198. It added that any ordinance affecting the water district's authority should first be examined to ensure it does not conflict with the ordinance that established MCWD or other applicable laws.
The committee also said any agreement involving additional bulk water suppliers would have to comply with government procurement requirements before it could be implemented.
It further recommended determining whether existing agreements between Cebu City and MCWD grant the water district exclusive rights to distribute bulk water within the city.
Seeking guidance
To address those concerns, the committee recommended seeking an opinion from the Local Water Utilities Administration (LWUA), saying the agency is in the best position to determine whether allowing additional qualified bulk water suppliers is consistent with existing laws and regulations.
As an alternative, the panel suggested that Arcilla consider converting the proposed ordinance into a resolution. It said a resolution could express the City Council's support for exploring additional water sources while allowing public consultations to proceed without creating possible legal conflicts.
Next steps
The committee said the consultations should include MCWD, LWUA, the Cebu City Legal Office and private sector representatives to assess the proposal's legal, technical and operational feasibility.
The panel recommended returning the proposed ordinance to Arcilla for re-evaluation while seeking guidance from LWUA and consulting stakeholders before the measure is taken up again by the City Council. / CAV