DAVAO CITY WATER DISTRICT, CAGAYAN DE ORO CITY WATER DISTRICT, METRO CEBU WATER DISTRICT, ZAMBOANGA CITY WATER DISTRICT, LEYTE METRO WATER DISTRICT, BUTUAN CITY WATER DISTRICT, CAMARINES NORTE WATER DISTRICT, LAGUNA WATER DISTRICT, DUMAGUETE CITY WATER DISTRICT, LA UNION WATER DISTRICT, BAYBAY WATER…
- G.R. Number: G.R. No. 95237-38
- Promulgated: 1991-09-13
- Ponente: Medialdea, J.
Doctrine
P.D. 198 is a general enabling statute authorizing local option formation of water districts and is not itself the original charter of local water districts.
P.D. 198 expressly charters the Local Water Utilities Administration (LWUA) as a government corporation attached to the Office of the President.
A local water district's juridical personality arises from the Sanggunian's resolution forming the district and its filing with the LWUA; filing effects formation and transfers ownership, supervision and control.
Facts
The case involves the status of local water districts formed under Presidential Decree No. 198, as amended, and whether they are government-owned or controlled corporations with original charter, affecting Civil Service coverage and COA visitorial power.
P.D. 198 authorizes provincial, city and municipal legislative bodies (Sanggunian) to form water districts by resolution, which must be filed with the Local Water Utilities Administration (LWUA).
P.D. 198 itself is held not to be an original charter for local water districts; instead the statute charters the Local Water Utilities Administration as a government corporation attached to the Office of the President.
There is a conflict in the Court: the main disposition declares petitioners government-owned or controlled corporations with original charter under CSC and COA jurisdiction; a dissent would have declared them quasi-public corporations without original charters.
Issues
Whether local water districts formed under P.D. No. 198 are government-owned or controlled corporations with original charter and thus fall under the Civil Service Law and COA visitorial power.
Ruling
The petition is dismissed; petitioners (the local water districts) are declared "government-owned or controlled corporations with original charter" and therefore fall under the jurisdiction of the Civil Service Commission and Commission on Audit.
A dissenting opinion would have granted the petition, viewing local water districts as quasi-public corporations performing public service without original charters and thus not embraced by the Civil Service.
Keywords
G.R. No. 95237-38, Presidential Decree No. 198, Provincial Water Utilities Act of 1973, government-owned or controlled corporations with original charter, Civil Service Law, Commission on Audit, Proclamation No. 1081, Local Water Utilities Administration (LWUA), Tanjay Water District v. Gabaton, et al. (G.R. No. 63742, 172 SCRA 253), Article IX (B), Section 2(1) of the 1987 Constitution, Civil Service Law, rules and regulations, Sec. 35, Art. VIII and Sec. 37, Art. IX of PD No. 807, CSC Resolution No. 90-575, quasi-public corporations, Metro Iloilo Water District v. National Labor Relations Commission (G.R. No. 85760), CSC Resolution No. 90-770, Government Auditing Code of the Phils., Sec. 2(1), Article IX-D of the 1987 Constitution, Baguio Water District v. Trajano, et al. (G.R. No. 65428, February 20, 1984, 127 SCRA 730), commission