FDC In The News: Motion for Reconsideration filed before the Supreme Court

Malaya
29 January 2008
http://www.malaya.com.ph/jan29/metro2.htm

NGOs appeal SC’s junking of case on water firms’ profit margin
By Evangeline de Vera

NON-government organizations yesterday asked the Supreme Court to reconsider its previous ruling upholding the validity of two resolutions of the Metropolitan Waterworks and Sewerage System (MWSS) which declared that Maynilad Water Services and Manila Water Co. are not public utilities and are thus exempt from the 12-percent profit margin limitation.

In a motion for reconsideration, petitioners Freedom from Debt Coalition (FDC), Akbayan Citizen’s Action Party, Alliance of Progressive Labor (APL) said the ruling of the SC would pass on to consumers the two water concessionaires’ corporate income taxes.

Assailed by petitioners are the MWSS Board Resolution No. 2004-2001 and MWSS-Regional Office (RO) Resolution No. 04-006-CA, which classified Manila Water (for the east zone) and Maynilad Water (for the west zone) as mere agents and exempt from the 12-percent profit margin limitation under Section 12 of the MWSS Charter.

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GMANews.TV
http://www.gmanews.tv/story/78321/SC-asked-to-reconsider-rule-favoring-Manila-Water-Maynilad#

SC asked to reconsider rule favoring Manila Water, Maynilad
Article posted January 28, 2008 – 06:38 PM

At least three non-government organizations on Monday asked the Supreme Court to reconsider its ruling exempting the Manila Water Company, Inc. and Maynilad Water Services Inc. from the 12-percent profit limit under the Charter of the Metropolitan Waterworks and Sewerage System (MWSS).

In a five-page motion for reconsideration, the Freedom from Debt Coalition, Akbayan Citizen’s Action’s Party, and the Alliance of Progressive Labor claimed that the high court’s ruling would burden consumers, because Manila Water and Maynilad’s corporate taxes would be indirectly shouldered by end users.

Earlier, the MWSS issued two resolutions stating that its two concessionaires — Manila Water and Maynilad — were not public utilities, and thus exempted from the 12 percent profit limit. The resolutions were upheld by the Supreme Court.

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Inquirer.Net
Breaking News / Metro
http://newsinfo.inquirer.net/breakingnews/metro/view/20080128-115321/SC-asked-to-reconsider-ruling-on-MWSS-row

SC asked to reconsider ruling on MWSS row
By Tetch Torres
INQUIRER.net
Posted date: January 28, 2008

MANILA, Philippines — Cause-oriented groups, led by the Freedom from Debt Coalition, (FDC) have asked the Supreme Court to reconsider its ruling dismissing their petition over the the Metropolitan Waterworks and Sewerage System (MWSS) resolution concerning the rate of return of investment.

The FDC, together with Akbayan Citizens’ Action Party and the Alliance of Progressive Labor (APL), told the high court that their petition was not a case of “contesting the rates or fees of water or sewerage services.”

As such this does not fall within the exclusive original jurisdiction of the National Water Resources Board (NWRB).

“What we submitted last June 2006 was a petition to annul two MWSS resolutions which declared the two water concessionaires —Manila Water Company, Inc. (MWCI) and Maynilad Water Services, Inc. (MWSI) — as ‘mere agents’ and not as public utilities,” said FDC vice president Edwin Chavez.

“We are not contesting the rates granted by the two MWSS bodies to the water companies, but the legal validity of their declaration that these water concessionaires are not public utilities. We firmly believe they are public utilities,” Chavez said.

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