Beruflich Dokumente
Kultur Dokumente
A BIDDING WAS HELD WHEREIN K-WATER AS THE HIGHEST BIDDER ISSUE: WON THERE IS A VIOLATION OF THE CONSTITUTION AND THE
ARGUMENT OF IDEALS: as to the participation of K-WATER which is a WATER CODE, ON THE GRANT OF THE WATER RIGHTS
foreign corporation > THUS PSALM VIOLATED THE CONSTITUTIONAL
PROVISIONS ON THE APPROPRIATION AND UTILIZATION OF WATER HELD: NO, there is no violation
AS A NATURAL RESOURCE
o As implemented by the Water Code of the Philippines = CONSTITUTION PROVIDES: waters, among others, are owned by the state =
limiting the water rights to FILIPINO CITIZEN and STATE SHALL DIRECTLY UNDERTAKE SUCH ACTIVITIES
CORPORATIONS (at least 60% Filipino-owned) Such state policy is implemented through the regulation of water rights
o Considering that Angat Dam is the source 97% of Metro Water Code of PH> law governing, ulitization, of water resources
Manila’s water supply + as well as in irrigation in Pampanga o Appropriation of water, as used in this Code, is the
and Bulacan> IDEALS asserts that PSALM should prioritize acquisition of rights over the use of waters or the taking or
such domestic use of water over that of power generation diverting of waters from a natural source in the manner and
for any purpose allowed by law.
IDEALS ARGUE THAT SUCH BIDDING BE DECLARED VOID > VIOLATION It is clear that the law limits the grant of water rights only to Filipino
THE CONSTITUTIONAL PROVIDED STATE DUTY TO ENSURE WATER citizens and juridical entities duly qualified by law to exploit and
SECURITY FOR ITS PEOPLE, AT THE SAME TIME THE WATER CODE develop water resources, including private corporations with sixty
ANSWER OF PSALM percent of their capital owned by Filipinos. In the case of Angat
o On the alleged violation of PEOPLE’S RIGHT TO WATER> River, the NWRB has issued separate water permits to MWSS, NPC
PSALM CONTENDS THAT THE ASSUPMTION THAT ANAT
and NIA
DAM WAS SOLD IS BASELESS
Psalm stresses that only the hydroelectric facility
UNDER THE EPIRA> THE GENERATOPM OF ELECTRIC PROWER> WAS
is being sold
OPENED TO PRIATE SECTOR > IN WHICH FOREIGN INVESTORS ARE
Angat Dam still remains to be owned by
LIKEWISE ALLOWED ENTRY INTO THE ELECTRIC POWER INDUSTRY
PSALM
NWRB still governs the water allocation In accordance with the IMPLEMENTING REGULATION and the ASSET
NPC still retains exclusive control of oponing PURCHASE AGREEMENT
the spillway gates PSALM that as the new owner only of the hydroelectric power plant,
K-Water will be a mere operator of the Angat Dam. In the power
generation activity, K-Water will have to utilize the waters already
extracted from the river and impounded on the dam.
This process of generating electric power from the dam water entering the
power plant thus does not constitute appropriation within the meaning of
natural resource utilization in the Constitution and the Water Code.