In several letters, state auditors question the validity of the 2020 joint venture agreement in Malaybalay City based on a presidential decree on provincial water utilities and the anti-graft law.
CAGAYAN DE ORO, Philippines – The Commission on Audit has urged the Malaybalay City Water District to take back control of its operations and step back from a 2020 joint venture agreement with a company owned by theIn several letters last May, state auditors questioned the validity of the agreement based on a presidential decree governing provincial water utilities and the anti-graft law.
In a previous report, the COA said the agreement provides that MCWD would receive an additional P1 million every five years. COA-Northern Mindanao director Mathew Rey Magno said the Provincial Water Utilities Act was clear that “local water utilities should be locally controlled and managed, as well as have support on the national level in the area of technical advisory services and financing.”
Based on COA’s report, PrimeWater collected a total of P111.703 million from water consumers in Malaybalay City from January to December 2022 alone. The COA said not all MCWD transactions were audited due to the non-submission of certain documents related to the 2020 agreement. It asserted, “Without any court order declaring the Joint Venture Agreement as null and void, under the principle of the presumption of regularity of the official act of the Board of Directors backed by the OGCC opinion, Management can only consider the JVA as a valid agreement and hence will perform the functions of management and operational control of the joint venture…”
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