San Francisco Inn v. San Pablo City Water District
San Francisco Inn v. San Pablo City Water District
San Francisco Inn v. San Pablo City Water District
FACTS:
The petitioner [SFI] is a hotel business establishment situated at Brgy. San Francisco
Calihan, San Pablo City. In 1996, petitioner caused the construction of two (2) deep-well pumps
for the use of its business. The pumps, which have a production capacity of four (4) liters per
second each, bear the following specification[s]: size of casing [-] 2.0"; size of column pipe-1.5";
pump setting- 60 feet; and motor HP rating-1.5 HP.
The respondent [SPCWD] is a local water utility organized under Resolution No. 309, approved
by the Municipal Board of the City of San Pablo, on December 17, 1973, absorbing the former
San Pablo Waterworks System and its facilities. Its operation is under the National Water
Resources Board, formerly Council (NWRB), which is the national agency vested with authority
to control and regulate the utilization, exploitation, development, conservation and operation of
water resources pursuant to Presidential Decree No. 1067, otherwise known as the "Water Code
of the Philippines" (Water Code) and Presidential Decree No. 198, the "Local Water Utilities
Administration Law". The respondent [SPCWD] is managed by a Board of Directors.
In 1977, the respondent [SPCWD] promulgated the Rules Governing Groundwater Pumping and
Spring Development Within the Territorial Jurisdiction of the San Pablo City Water District.
These rules were approved by the NWRB in its 88th meeting held on January 23, 1978. The
provisions of the Rules relevant to this case are [Sections 107, 118 and 129]
ISSUE:
WON SPCWD can legally impose any production assessment fees upon SFI.
RULING:
NO, SPCWD cannot legally impose any production assessment fees upon SFI
It was held by the SC, “A MOA or contract between the water district entity and the deep
well operator/user is not required under the law and the Rules, but, when a MOA is voluntarily
agreed upon and executed, the parties are, legally bound to comply with their respective
prestation
Here, the obligation to pay production assessment fees on the part of the deep well
operator/user and the right of the water district entity to collect the fees arise from contract,
unlike a MOA, which creates contractual obligations, faithful compliance with the requirements
of Section 39 of PD 198 and Section 11 of the Rules creates binding obligations arising from
law.
Thus, in the absence of the requisite board resolution, SPCWD cannot legally impose any
production assessment fees upon SFI.