CEBU, Philippines - The Committee on Laws of the Cebu City Council has recommended the approval of the proposed memorandum of agreement between the City of Cebu and a private water drilling contractor for it to undertake projects in any part of Cebu City and put up water systems in areas not serviced by the Metro Cebu Water District.
Councilor Edgardo Labella, chairman of the Committee on Laws, explained that as a local government unit that represents the inhabitants of its territory it can enter into contracts for the delivery of basic services to its constituents.
The management of MCWD, through its general manager Armando Paredes, encouraged private investors to help the water district look for additional source of potable water.
It prompted the Abejo Builders Corp. to accept the offer to undertake some water drilling projects in some upland areas of the city, including parts of barangay Apas not serviced by MCWD.
But while Labella recommended the approval of the proposed MOA he suggested that it should be stipulated in the agreement that the city would be free from damages if in case there would be accidents to happen during the implementation of the project.
“Considering the risks in the drilling, excavation and the construction of pipelines and distribution facilities and other public works for the water system, it is imperative that the City of Cebu will not be too exposed to such possible liabilities that may arise as a result of negligence of the contractor’s personnel,” Labella said.
The law clearly provides that the local government units such as provinces, cities or municipalities shall be liable for damages for the death or, injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings and other public works under their control.
“To remedy this situation, the committee on laws recommends that Abejo Builders be made to free, release and discharge the city for injuries or deaths that may result from negligence of its employees,” Labella said.
MCWD’s price for the first 10 cubic meter of water is only P163 but many of the residents in some upland barangays of the city such in barangay Apas are paying P700 for 10 cubic meters of water.
MCWD cannot provide water supply to some elevated areas of barangay Apas, Kalunasan and some other places. — Rene U. Borromeo/BRP (THE FREEMAN)