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ARABAY v. COURT OF FIRST INSTANCE OF ZAMBOANGA DEL NORTE

This case has been cited 1 times or more.

2010-08-25
BRION, J.
Part of LMWD's theory is that P.D. No. 198 is not the operative act that created the local water districts; they are created through compliance with the nine separate and distinct operative acts found in the Procedural Formation of a Water District prescribed under Section 6 of P.D. No. 198 and its Implementing Rules and Regulations. The last step of these operative acts is the filing of the Resolution of Formation of the sanggunian concerned with the LWUA after the latter has determined that such resolution has conformed to the requirements of Section 6 and the policy objectives in Section 2 of P.D. No. 198, as amended.[17] According to LMWD, no water district is formed by the enactment of P.D. No. 198. The decree merely authorized the formation of water districts by the sanggunian, in the same manner that the Corporation Code authorizes the formation of private corporations.