Water woes continue

MANILA, Philippines — As residents of San Jose del Monte (SJDM) in Bulacan began heaving a sigh of relief after the city government appointed Metro Pacific Water (MPW), a subsidiary of Metro Pacific Investments Corp. (MPIC), as the interim operator of the city’s water distribution system to address a worsening water crisis caused by the former operator, that sense of relief proved short-lived.

On June 8, a Las Piñas regional trial court issued a 20-day temporary restraining order (TRO), preventing the San Jose del Monte (SJDM) city government from taking over the local water district and replacing PrimeWater Infrastructure Corp. as the operator pending trial of the main preliminary injunction case.

This happened after two regional courts (one in Bulacan and the other in Las Piñas) had earlier rejected petitions filed by PrimeWater for the issuance of a TRO and preliminary injunction to prevent the takeover.

The San Jose Water District (SJWD) and PrimeWater entered into a public-private partnership through a joint venture with PrimeWater which commenced in November 2019, giving the latter the sole and exclusive right to finance, develop, rehabilitate and operate the water supply system.

On May 5, 2026, the SJDM city government invoked emergency powers to take over the management of the water system.

The decision to take over follows a notice of termination of the JVA as well as the non-renewal of PrimeWater’s business permit because of “inadequate and inconsistent water supply,” according to the city government.

A March 13 ordinance that authorized the local government’s takeover explained that at least 62 barangays and 25 percent of total households in the city experienced varying degrees of serious water service interruptions, with residents enduring prolonged periods without reliable access to clean and potable water.

The ordinance specifically gave SJDM Mayor Florida Robes the authority to assume operational control of the facilities and assets of the SJDM Water District and PrimeWater related to water supply and wastewater systems and to appoint an interim water utility operator.

City Administrator Rizaldy Mendoza said that those interruptions were so bad that classes had to be suspended, health and sanitation became serious concerns and social services were affected.

Last May 20, MPW was appointed interim operator by the SJDM city government under a two-month consultancy and operations agreement and was tasked to stabilize water distribution while conducting a full technical and operational audit of the system, including pipelines, pumping stations and other critical facilities.

MPW was selected after a technical evaluation by the city government’s working group which cited the firm’s more than 25 years of combined experience in water utility and wastewater operations, financial capacity and ability to undertake immediate system improvements and long-term infrastructure upgrades.

But then again, hopes by SJDM residents that their water problems would finally be resolved were dashed after the Las Piñas RTC issued a 20-day TRO.

In an earlier ruling, the RTC in Bulacan emphasized that public interest in resolving the city’s water crisis outweighed contractual issues arising from the JVA between PrimeWater and the SJDM water district and that the water utility failed to prove a clear legal right or urgency needed for injunctive relief against the city government’s takeover of the local water district.

It also noted PrimeWater’s admission that it had been receiving thousands of consumer complaints over water supply problems, the Philippine News Agency reported.

Meanwhile, last June 2 or following the Bulacan court’s dismissal of the TRO petition, the RTC Las Piñas once again dismissed the plea by PrimeWater for the issuance of a restraining order, saying the plaintiff was not able to prove all requisites for the issuance of a TRO when it failed to show any grave irreparable injury unto its company, specifically its duty to prove reliable water service. Las Piñas is where PrimeWater’s main office is located.

After the Las Piñas trial court denied the plea for a 72-hour TRO, the case was raffled off for the preliminary injunction hearing. This time, the Las Piñas RTC issued a 20-day TRO.

In its 35-page resolution, the court noted that since a valid JVA exists with SJWD, PrimeWater has a clear and unmistakable right to be protected from any arbitrary interference from third persons who are not parties to the said contract.

It said that the state’s inherent power to promote and protect public welfare crosses with the autonomy given to local water districts by Presidential Decree 198 and whether the exercise of the city’s plenary power should be struck down or not will be determined after a full-blown trial of the case.

PrimeWater, for its part, said that it does not have a business permit for 2026 because it was given the run-around before the business permits and licensing office.

There may be some truth to the saying that the third time’s a charm.

However, PrimeWater’s third attempt to get injunctive relief from the courts has drawn heavy criticism from the local government and its residents.

They also say that the RTC Las Piñas TRO cannot be enforced because the trial court has no jurisdiction over SJDM which falls under another region. Section 21 of Batas Pambansa. Blg. 129 provides that RTCs shall exercise original jurisdiction in the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions.

In Tunay na Pagkakaisa ng mga Manggagawa sa Asia Brewery v. Asia Brewery Inc., the Supreme Court ruled that the “Manila RTC’s issuance of a writ of prohibition against acts in Iligan City was null and void as the Manila RTC had no jurisdiction to restrain acts beyond the territorial limits of its jurisdiction.”

Then again, there is the more important issue of whether public interest and welfare should give way to contractual obligations.

They added that if anyone suffered, it is not PrimeWater but the residents of SJDM and even its joint venture partner, a government-owned and -controlled corporation.

They noted that while PrimeWater promised P6.8 billion in capital expenditures, only P748 million was invested. Prior to the JVA, the water district posted a record-high net income of P187 million in 2015. By 2018, it dropped to P49.2 million and by 2024, it was barely P2 million. Meanwhile, PrimeWater recorded a net profit of P425 million in 2019 and P1.18 billion in 2024.

Local observers also emphasized that there are 47,611 households (250,000 residents) across most of the city’s 62 barangays with poor or no access to reliable and clean water.

If the case drags on, SJDM’s water woes will only worsen, given the expected “strong to super” El Niño already developing and expected to be felt through the end of 2026 and into early 2027.

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