CITY OF MALOLOS — Gov. Daniel Fernando led Bulacan officials in filing a motion for reconsideration on the Supreme Court’s decision on the natural wealth tax on Angat water on April 11.

In a press conference, Fernando said, “We mostly humbly and respectfully move for the reconsideration of the decision of the Honorable Court en banc dated 03 October 2023 which ruled that ‘appropriated dam water is not to be considered national wealth, and therefore, not subject to the national wealth tax’.”

The Supreme Court decision was received by the Provincial Government of Bulacan sometime in the latter part of March this year.

The governor pointed out that the move is about the rights of the Bulakeños that pertains “to our equitable in the exploration, development and utilization of our natural resources” based on the Local Government Code of of 1991 (Republic Act 7161).

Fernando cited that water, based on the 1987 Constitution is a natural wealth under Article 12, Section 2 that states ” All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife flora and fauna, and other natural resources are owned by the State.”

He also cited Article 386 of the implementing rules and regulations of the Local Governments Code on the ” share in the proceeds from the development and utilization of the natural wealth” which state that “LGUs shall have an equitable share in the proceeds derived from the utilization and development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits.”

It can be recalled that the Court of Appeals has made a decision on May 30, 2008 affirming (with modification) the decision of Branch 82 of the Bulacan Regional Trial Court that the share of Bulacan from the utilization of the water from Angat dam must be computed in accordance with section 291 of RA 7160.

The court also directed the Metropolitan Waterworks Sewerage System (MWSS ) to further submit its computations for approval of the trial court within five days from receipt of the order and remit the amount due to the Provincial Treasurer of Bulacan within 10 days from receipt of the trial court’s order.

The said decision was elevated to the Supreme Court that eventually overturned the decision that led Bulacan officials to file a motion for reconsideration.

📷 Mon Lazaro