Professional Documents
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Congress to investigate.
REPUBLIC OF THE PHI.,IPPINES
HOUSE OF REPRESENTATIVES
QUEZON LCITY
POSITION PAPER
[On the Memorandum of Agreement (MOA) Among
Maynilad Water Resources (Maynilad Water, As a Concessionnaire
of the Metropolitan Waterworks and Sewerage System (MWSS), BF Resort Village Homeowners
Association Inc. [“BFRVHAI” or “Association”), BF Homes Inc. and Philippine Waterworks and
Construction Corporation (PWCC)]
I. Background
1. BF Resort Village (“BFRV” or “Subdivision”) is a subdivision located in Talon Dos, Las Pinas City.
2. BF Resort Village Homeowners Association Inc. (BFRVHAI) is the homeowners association among the
homeowners within BFRV.
3. BFRV was developed by BF Homes Inc. with the lots almost fully sold out, despite which BF Homes
has not turned or donated the BFRV open spaces to the City Government of Las Pinas or the BFRVHAI.
4. As admitted by BF Homes, the BRFV water system is operated by PWCC, a sister company of BF
Homes.
5. In the deeds of sale of the lots inside the BFRV, sold by BF Homes to BFRV homeowners, BF Homes
expressly undertook to provide water to the lot buyers.
7.1. The homeowners, thru the Association, will pay BF Homes/PWCC the amount of FORTY THREE
MILLION PESOS (Php43,000,000.00) for the use of the old water facilities of the latter located inside the
subdivision, payable as follows:
7.1.1. EIGHT MILLION PESOS (Php8,000,000.00), payable at P1,000.00 per homeowner, approximated
at 8,000 homeowners (subject to upward or downward adjustment depending on the actual number of
homeowners applying for Maynilad water connection);
7.1.3. TEN MILLION PESOS (Php10,000,000.00), consisting of application of the paid water and water
meter deposits of homeowners with the PWCC.
7.2. Maynilad Water will advance the pipe laying costs of TWO HUNDRED EIGHTY-SIX MILLION PESOS
(Php286,000,000.00) for the account of the homeowners, payable within five (5) years at a monthly
amortization of about P648.00 per month, subject to adjustment depending on how many homeowners
will apply for water connection with Maynilad Water.
8.1. P25 M as payment to BF Homes for the use of the old water pipes; and
8.2. P286 M as costs of pipe laying for the new water system.
9. The certificate of public convenience in favor of BF Homes already expired in August 2011.
10. As early as 2006, the capex of BF Homes for the water facilities inside the subdivision was already
reported at “0” book value.
A. Whether or not BF Homes/PWCC are entitled to the compensation in the amount of FORTY THREE
MILLION THOUSAND PESOS (Php 43,000,000.00) for the use of their more than 30 years old water
pipes?
B. Whether or not the pipe laying costs of TWO HUNDRED EIGHTY-SIX MILLION PESOS
(Php286,000,000.00) may be charged by Maynilad Water to the homeowners of the BF Resort Village,
represented by the BF Resort Village Homeowners Association?
C. Whether or not the compulsory donation of the new water system to be paid by the homeowners in
favor of Maynilad Water/MWSS is valid and binding?
D. Whether or not the water and water meter deposits of Ten Million Pesos (P10,000,000.00) of one (1)
set of homeowners may be legally applied as payment for the use of the old water facilities of BF
Homes/PWCC?
III. DISCUSSION
Reasons: 1. The costs of the pipe laying, including the open spaces
on which the water system stands were already
inputted as part of the development costs that
composed the selling prices of the lots sold.
Parallel examples are Meralco and PLDT. Even these two (2) huge utility companies are known to be
shouldering their own capex. They do not pass to the consusmers their capex.
Position: The water and water meter deposits of one (1) set of
homeowners cannot be applied as part of the
compensation to BF Homes/PWCC.
Reasons: 1. The Association is not the owner of the those water and
water meter deposits;
Attachments: