Presidential Decree No. 1345 (PD 1345) — Empowering the Metropolitan Waterworks and Sewerage System (Mwss) to Take Over the Centralized Water Supply Systems in Residential Subdivisions Within Its Territorial Jurisdictions
WHEREAS, water is one of the basic needs of man;
WHEREAS, the water supply in numerous residential
subdivisions with centralized water systems have been found to be inadequate,
inefficient or not potable;
WHEREAS, this critical situation has reached such alarming
proportions that the health, safety and well-being of the residents of the
subdivision are being endangered;
WHEREAS, it has become imperative for the government to take
drastic measures to protect the lives of these residents;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
declare and order:
SECTION 1. The Metropolitan Waterworks and Sewerage System,
hereinafter referred to as MWSS, shall upon petition of the Homeowners
Association or the subdivision owner/developer with the consent of the
Homeowners Association, and upon recommendation of the National Housing
Authority, take over the operation and maintenance of centralized water systems
of residential subdivisions within its territorial jurisdiction.
SECTION 2. Upon takeover of the water system, the MWSS shall
evaluate such system considering the adequacy, potability and other prevailing
operating conditions. The MWSS shall thereafter cause the system to operate at
the desired level as to provide adequate and potable water supply. The cost to
render the system operable shall be chargeable to the subdivision
owner/developer provided that the provision of adequate water supply has been
specified or implied in the contract of sale or other forms used in offering the
housing units within the project for sale. Otherwise, the cost to make the
system operational shall be chargeable to the homeowners of the subdivision.
SECTION 3. The MWSS, in consultation with the National
Housing Authority, shall issue the necessary rules and regulations for the
effective implementation of this Decree. Such rules and regulations shall take
effect immediately after their publication three (3) times a week for two (2)
consecutive weeks in any newspaper of general circulation.
SECTION 4. This Decree shall take effect immediately.
DONE in the City of Manila, this 2nd day of April in the year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
