Republic of the PROVINCE OF Linga2en uru,w. pangasinan. gw. p ft OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY

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TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that at the regular session duly constituted of the Sangguniang Panlalawigan, Province of Pangasinan, held on August 14, 2017 at L i n gay e n, P an gas i nan, t he fo I low ing pr ov inc i al r e s o lut i o n w as approv e d :

Authored by SP Member Noel C. Bince

PROVINCIAL RESOLUTION NO. 525-2017

DECLARING R"ESOLUTION NO. 14, 5-2016 OF THE SANC,GUNIANG BAYAN OF SAN FABIAN, PANGASINAN, ENTITLED *EXPRESSING NO OBJECTION TO, AND ISSUING CLEARANCE AND NOTICE TO PROCEf,D F'OR THE trSTABLISHMENT AND OPERATION OF GROUND WATER SYSTEM OF VILLAGES WATER SUPPLY SYSTEM, INC. (VWSSD IN ALL BARANGAYS OF SAN FABIAN, PANGASINAN" AS WITHIN THE CONFERRED POWERS OF THE TO ENACT

WHf,,REAS, Resolution No. 14, 5-2016 was passed by the Sangguniang Bayan of San Fabian in response to a letter of VWSSI dated May 15, 2014 addressed to Hon. Constante B. Agbayani, Municipal Mayor, the Sangguniang Bayan of San Fabian, Pangasinan and Hon. Leopoldo N. Manalo, Vice Mayor and SB Presiding Officer, requesting the following:

For the SB to adopt and issue a Sangguniang Bayan Resolution giving the clearance to proceed with the construction and lay out of water pipes and water lines and operation of the water supply system, expressing no objection to the construction and operation thereof, and endorsing its approval by the appropriate authorities; and

The Honorable Mayor to issue a Notice to Proceed with the construction and laying out of water pipes and water lines within and around the municipaiity for the purpose of commencing the operation of the water supply system;

. 2F Capilol BHg., Liryaycn, Pttgasinan 2,O1 ToUFax (a$375) *21At0 @ rlancesmr Republic of the Philippines PROVINCE OF PANGASINAN Lingalten www.pangasinatgoo.pfr OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY

Provinc ial Resolut ion N o. 5 2 5- 20 I 7 Page 2

WHEREAS, thereafter, a group who call themselves as the Bantay Bayan, together with other concemed citizens ofthe municipality expressed their apprehension with the passage of Resolution No. 14, 5-2016. In fine, the oppositors fear that the extraction of ground water by the WVSSI will adversely affect the function of the existing water wells in the municipality. They claim that public hearings were not conducted in the issuance of the assailed Municipal Resolution, and that the passage ofresolution No. 14, S-2016 is not in accordance with law;

WIIEREAS, be that as it may, the pertinent law involved in the utilization of water is Presidential Decree (PD) No. 1067 otherwise known as The Water Code of the Philippines. The said law govems the ownership, appropriation, utilization, development and protection of the Philippine water resources. In this light, a water right is needed for the proper appropriation and use of water. Thus, Article l3 PD 1067 is pertinent in this regard, to wit:

Arlicle 13. Except as otherwise herein provided, no person, including government instrumenlalities or government-owned or controlled corporations, shall upprupriute wuter without u wuter right, which shall be evidenced by a &tcument known as a t atet permit

Water right is the privilege granted by the government to appropriate and ute water.

WEEREAS, from the aforecited provision of law, an applicant must secure a water permit fiom the National Water Resources Board (NWRB) to legally utilize water resources and/or operate a water system;

WHEREAS, based on the documents submitted, VIVSSI have secured various permits in connection with its intention to op€rate water system in the barangays of San Fabian, Pangasinan. Among the documents submitted are the following, to wit:

1. TCT No.026-2014000341, covering a parcel of land in Angio, San Fabian 2. Deed of Absolute Sale over a portion of TCT 026- 20100004413 3. Real Property Tax Clearance issued by San Fabian to VWSSI 4. Real Property Tax Receipt daled2-22-2017 5. Resolution of No Objectior/ Clearance issued on May 12,2012 by SB of Angio

l(DPrrgrslilr Republic of the Philiooines PROVINCE OF PANG'ASINAN Lingalen vwnu. pangashun. ga u. p I OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY

P rov inc ial Resolut ion No. 5 2 5 - 20 I 7 Page 3

6. Resolution No. 26- s-2012, Expressing No Objection/ Clearance issued on May 19,2012 by SB of Angio 7. Communication together with attendance sheets, relative to Public Hearing conducted on November 22, 20 14 8. Report of SB Angio dated December 1, 2014 relative to household survey 9. Supplemental Report of SB Angio dated Dec ember 1 5 , 2014 10. Certificate of Non Coverage CNC ROI-1409-0036 11. Business Clearance dated Feb. 17,2017 issued by Angio, San Fabian 12. Business Clearance dated March 3, 2017 issued by , San Fabian 13. Resolution No. 14-5-2016 issuedby SB San Fabian 14. Business Permit dated April6,2017 issued by San Fabian 15. Sanitaxy Permit to Operate dated April 6,2017 issued by San Fabian 16. Certificate of Potability dated Feb. 15,2017 issued by SF Mun. Health Offrcer 17. Application for Excavation Permit dated July 1, 2016 18. Excavation Permit issued by Provincial I Engr. Antonieta delos Santos on July 7, 2016 19- Map of Water Distribution Line, together with pictures, plans, sketches, performance bond, etc. 20. Water Permit No. 023395 21. NWRD Decision re: Case No. 14-1941 approving CPC of VWSSI 22. NWRB Resolution No. 10-0715 ganting Certificate of Public Convenience (CPC) to VWSSI valid up to July 2020 23. NWRB Resolution No. 164217, approval of extension of Service Area 24. Water Sample Analysis taken on Feb. 14,2017 25. Certificate of Registration of VWSSI issued by the BIR

WHEREAS, initially, a Conditional Water Permit (CWP) was obtained by VWSSI for the use of Municipal waters in Angio, San Fabian, Pangasinan. The said CWP was issued on June 18,2014 and will expire on June 18, 2015. Thereafter, VWSSI obtained its Water Permit (WP) on October 27, 2014. To date, the water permit obtained is still valid and subsisting. Hence and to our mind, the water permit obtained by WVSSI is valid. A Certificate of Public Convenience was issued unto VWSSI for the installation, operation and maintenance of Barangay Angio waterworks system and the same is valid until luly 29,2020'

2F Capitol Bldg., , Pengasinan 2401 " TerFax (+6375) 5424040 " e-nail addrcs': gbqggpptg!@lAhg9pu r q2 Pfficrilxax Republic of the Philippines PROVINCE OF PANGASINAN Lingayen u,ru. lc pangasinan 11 w. p li OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY

Prov inc ial Resolut ion No. 5 2 5 - 2 0 I 7 Page 4

WHEREAS, the Sangguniang Panlalawigan after final evaluation on Resolution No. 14-5-2016, finds the same to be within the powers of the Sangguniang Bayan of San Fabian, Pangasinan. The Local Govemment Code of 1991 particularly provides that:

"Sec. 117. Pcverq Duties, Functiotlt and Compensation. (a) The sangguniangboyan, as the legislative body of the municipality, shall enaa ordinances, appruve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporale powers oJ the municipality as "; provided Jbr under Section 22 oJ'this Oode, xxx.

WHERf,AS, the resolution passed by the Sangguniang Bayan of San Fabian anent their non-objection on the operation of said ground water system is within the powers ofthe august body to make. Should the Bantay Bayan however, wish to pursue their opposition to the issuance of Water Right to VWSSI by the NWRB, a verified protest must be filed before said agency of government. The oppositors may also opt to file the necessary action in Court, to enjoin the activities of the WWVSI, which are covered by permits issued by pertinent agencies of government;

WHEREFORE, in view of the foregoing, on motion of SP Member Noel C. Bince, Chainnan of the Committee on Laws and Ordinances, duly seconded, it was -

RESOLVED, by the Sangguniang Panlalawigan in session assembled, to declare Resolution No. 14, 5-2016 of the Sangguniang Bayan of San Fabian, Pangasinan, entitled "Expressing no Objection to, and Issuing Clearance and Notice to Proceed for the Establishment and Operation of Ground Water System of Villages Water Supply System, Inc. (VWSSI) in all Barangays of San Fabian, Pangasinan" as within the conferred powers ofthe sangguniang bayan to enact;

2F Capitol Bldg., Li|]gaF4 Pangasinat 24Ol ' TelrFax (+6375) 5424{M0 erra,7 address- prsec pane@,yahoo com r QP pmelsrrer Republic of the Philippines PROVINCE OF PANGASINAN Lingalen vww. pang asinan. gou. p fi OFFICE OF THE SANGGUNIANG PANLALAWIGAN SEGRETARY

Provincial Resol*ion No. 525-2017 Page 5

RESOLVf,D FURTHE& that copies of this resolution be fumished the Office of the Municipal Mayor and the Office of the Sangguniang Bayan of San Fabian, Pangasinan; the Water System of Villages Water Supply System, Inc.; and the Bantay Bayan of San Fabian, Pangasinan, for their information and guidance.

CERTIFIEDPY:

url{lr.NA'A-PEREZ Secrelfry o the Sung,guntun

ATTESTED:

IN JR. Vice (Presiding Oficer)

2F Capitol Bldg., Lingayen, P gasinan 2401 ' felEax (+6375) 54?rAA ' eflail address pbsecDano@vahoo com r Qp rlrrersrrrr