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End-of-Term Report of the Water Committee, UBFHAI |
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30 June 2010
MEMORANDUM
For: The Board of Directors, UBFHAI
Thru: The President
From: The Chairman, Water Committee
Re:
Terminal Report of the Water Committee
Topping the list of the ten (10)-point Program of this Board is addressing the
decades-old potable water problem of BF Homeowners. The solution became reachable
when this Board adopted a policy of “Water Now, Pay Now, Complain Later”, the adoption
of which encountered strong opposition from few homeowners on the reasoning that the
burden of paying for the cost of a new water infrastructure in BF Homes should not be
passed-on to the homeowners.
While the Board agrees with the reasoning of those who opposed it, nevertheless, it
went ahead in implementing said policy because to not do so would mean years more of
delay in the entry of adequate supply of potable water to BF Homes because of an
onerous, inequitable provision in the IRR of PD1345: that for gated, private subdivisions
the cost of water infrastructure development should be for the account of the developer or
the homeowners. But it committed to work for the repeal of said provision as embodied in
the “Complain Later” portion of said policy with the end view of being reimbursed the water
infra development costs at some future time.
In hindsight, it proved that the adoption and implementation of said policy was the
right decision to make at that point in time. As of June 15, out of 6372 homes in the
Paranaque and Muntinlupa portions of BF Homes 5167 (81%) are already enjoying
adequate, inexpensive (vis the cost of water tanker delivery), and potable water supply
from Maynilad. For Las Pinas: although only 30 homes are connected thus far, the laying
of pipes in several enclaves were already completed while the rest are in progress.
Maynilad, however, has committed that all homes in BF (those who applied for connection)
will have potable water flowing from their faucets by mid September, but they are aiming
for an earlier completion date (August 15, 2010).
For those who were fortunate to be one of the initial homes to be connected in the
first quarter of 2009, the savings in their monthly expense for delivered deep-well water
(ave. of P3000/month) and delivered drinking water (ave. of P300/month) have more than
fully paid their share of the water infra construction cost. Now, they not only have adequate
potable water supply but also have saved and continue to save a lot in their water expense.
But the entry of potable Maynilad water in BF Homes was without a struggle.
Someday someone can write an epic novel of our struggle for water. But suffice it to say
that because of the firm resolve of several thousand stakeholders, who were united in a
common goal to fight for our basic human right to have potable water despite their
differences in other issues, and who sustained the fight against strong oppositions, some
even spending their personal funds, they were successful in “winning the battle for water”.
Credit for “winning the battle for water” should go to those thousand of stakeholders
for their sustained courage to fight for their right. They are the heroes in this struggle. In
fact, some of the stakeholders, because of their courageous acts, are now the respondents
in criminal complaints filed by the developer and one of its officers. To them we say,
UBFHAI is committed to support you not only providing the moral support you may need
but also in supporting you in the litigation of your cases.
The fight for water proved one thing: “KAYA NATIN ANG ANO MANG PAGSUBOK
KUNG TAYO AY MAGKAISA SA LAYUNIN AT GAWA”. Lest it be misunderstood, this
Board and the Water Committee is not claiming credit for winning the battle for water
because that is our job and responsibility when we opted to serve the community. Although
we provided leadership and some resources and facilitated a lot of activities, we are only
among the several thousand stakeholders who fought for water.
Much credit should go to our dear Mayor Jun Bernabe who was doggedly
determined in helping us solve our water problem and to the City Council of Paranaque for
its issuance of a Police Power Resolution, the aim of which is to provide Maynilad with the
authority to construct new water infrastructure in BF even without the consent of the
developer - on the premises: a) that water is a basic human right and need; a) that the
general welfare of the community must prevail over the property rights of the individual and
juridical beings through the State's exercise of its Police Power.
Credit is due also to our dear Congressman Roy Golez for his efforts in facilitating a
lot of critical decisions emanating from the Congressional Committee on Housing and
Urban Development headed its Chairman, Congressman Rod Valencia and the
Committee's Task Force headed by Congressman Amado Bagatsing that led to the
resumption and completion of Maynilad's pipelaying in Paranaque and Muntinlupa inspite
of the developer's non recognition of the Police Power Resolution of Paranaque City
Council, claiming its issuance was not in order.
Credit goes also to Las Pinas City Mayor Vergel “Nene”Aguilar. He facilitated the
finalization of the Agreement between Maynilad and BF Homes inc. that the parties agreed
to come to terms in one of the Congressional Hearings. This came after Mayor Aguilar
withdrew his earlier support to the proposal of BF Homes that will allow the developer to
charge a right of way fee P10/cu.m for four years when he learned that the right of way fee
is “forever” (not 4years only as he was made to believe) and because the BF Las Pinas
residents vehemently opposed the imposition of such a right of way fee.
But the battle is not over yet. I hope the next Board and Water Committee will
continue the fight. I hope they will pursue the “Complain Later” portion of the policy earlier
mentioned. We now have a more than even chance of winning this other battle because
the Regional Trial Court of LPC has already declared the IRR of PD1345 VOID AB INITIO.
Remember, this IRR is the legal basis of MWSS and MAYNILAD to pass on to us, the
water consumers, the burden of paying for the development of our Village's water
infrastructure. But the decision of the lower court, because it is a question of law, needs to
be upheld by the Supreme Court as the MWSS appealed the decision of the RTC. It is
recommended that the next Board continue the fight on this issue. We also suggest that
now that the water problem is history, the next Board should now start addressing another
big problem – SEWERAGE. Since MWSS / Maynilad are also mandated by law to provide
sewerage service to water consumers (for an additional charge of course), it is suggested
that it be made one of the priorities of the next water committee.
Finally, in behalf of all the members of the Water Committee, we thank this Board
for giving us the opportunity to be service.
(Signed)
ANTONIO G. TINSAY
Chairman, Water Committee.
Click on the link below to download the full report:
TerminalReportWaterCommittee.pdf
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UBFHAI Calendar
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September 2010 |
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