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“Onerous and disadvantageous provisions prejudicial to the interests of the filipino people those were the the findings of the department of justice in reviewing the concession agreements of regulator metropolitan works and sewerage system with manila and manila water that prompted the president to call for the crafting of a new agreement among these provisions allowing concessionaires to pass on to consumers certain charges for example business taxes and also expenses for arbitration in the in the appeals committee within the m ws s. All of these expenses. Which are not related at all to the distribution of water are being included or considered as expenditures that can be passed on to the consumer. But the most onerous of them according to guevara is a prohibition on the government from interfering.
It s setting water rates and if they do and if they do and the interference caused any delay in the implementation of the agreed water rates or the non implementation of the agreed water rates any loss or damage sustained by the water concessionaire shall be indemnified by the. Government this prohibition was the basis for many led to seek a 34. Billion. Peso indemnity claim from m ws s.
And more recently in a seven point four billion peso indemnity awarded to manila water guevara says while the concession agreements are purely contract well there is room for the government to step in parties can agree on anything to put inside a contract in a contract except except those which are contrary to law contrary to public policy. Contrary to public morals and and stuff like that so even if you agree on something like that it doesn t mean that it will pass muster. It can still be unlawful. And it can still be removed more.
So if public interest is involved both manila and manila water. Have expressed willingness to sit down with the government to find a middle ground. But manila rejects suggestions. It is making too much money first of all and the as part of government and they decide on the tariffs.
So it s not like we arbitrarily say..
This is how much we will charge. I don t think any new private investor will come in if it will not make money on underspending specially in this situation. There is still a lot of capital expenditures. That we have to put in to ensure water security in the coming years someone has to pay for tell you i ve done some or to advance.
What we would advance the money that will be needed to fund. The new the second water source to fix the pipes. That makes the per seeing on the streets. My needed explains it was the government itself.
Which set the terms at the time of severe water crisis look at history because 1990 as i said 1997 water was so much worse than it is today yeah both in terms of coal village and quality of service and then i ve done so much in terms of waste waters..
And it was also the government. Which decided to extend a 25 year term to 2037 in 2009. Way before it expires in 2020. Actually.
It was government s decision in cooperation with the concessionaires because there were additional capital expenditures. That they wanted to implement one is they wanted a new water source to be funded and they wanted to ensure that the two concessionaires would commit to taking care of paying for the new water sources second the clean water increased the poverty of wastewater to 100. But the bigger implication. The impact of president that is verbal order to craft.
A new concession agreement on investor confidence in dealing with the government which may be perceived to change terms..
Midway. President has repeatedly stated that it s the welfare of the people that this is utmost concern so he problem on a few occasions. He has already said that he doesn t really mind too much a foreign investments may go because of certain policies. That he had adopted.
But what he also repeatedly said was for as long as my actions would redound the benefit of the people that s my principal concern guevara also disclosing they re looking at contracts in other industries. With an eye on removing provisions that prevent government from stepping in to set the rates. Mike neva leo abs cbn news. ” .
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