DoJ tells DPWH: Ink pact with LWUA
The legal opinion of the DoJ was issued upon the request of DPWH Secretary Manuel Bonoan in order to settle the issue on the claim for compensation of local water districts
Department of Justice Secretary Jesus Crispin Remulla recently advised the Department of Public Works and Highways to enter into a memorandum of agreement with Local Waterworks and Utilities Administration on the road right of way and cost of relocation affected by road widening projects.
Remulla issued the appeal in a four-page legal opinion issued on 18 May 2023 as he stressed that while the LWUA is an attached agency of DPWH, the Public Works department does not have control over the water agency.
“We advise that DPWH has to enter into a MoA with LWUA on the RRoW and the cost of relocation, among others… Stated differently, any party may enter into a MoA, regardless of whether a party is an attached agency of another party,” said Remulla.
The legal opinion of the DoJ was issued upon the request of DPWH Secretary Manuel Bonoan in order to settle the issue on the claim for compensation of local water districts.
Bonoan disclosed that the LWUA and the Philippine Association of Water Districts initially drafted and proposed a MoA to the department to address the issue of RRoW and cost of relocation of water district facilities affected by widening projects.
The DPWH is now asking the DoJ whether or not it is necessary for the department to enter into a MoA with LWUA
considering that it is an attached agency of the DPWH.
It also asked the justice department whether or not local water district agencies are entitled to compensation in instances when a need for a relocation of water pipelines occurs.
If local water districts should be compensated, the DPWH asked the DoJ on the necessary mode and means of payments under the existing rules of the Commission on Audit.
“This opinion may serve as guidance that in the event of relocation of affected water and sewer facilities, the DPWH may bear the cost of relocation, and may therefore, accept the proposal
from PAWD under Section 2 of the MoA,” Remulla said.
However, the DoJ deferred to the Department of Budget and Management as to DPWH’s queries pertaining to the allowable mode and means of payments and on whether or not the compensation can be derived for RoW funds of the department.
The DoJ said it regrets that it cannot issue an opinion as the matter falls within the ambit of the DBM, pursuant to its mandate that it is responsible for the efficient and effective utilization of government funds and revenues.