Practice question
A water concessionaire and a public agency agree privately to disregard a currently applicable statutory wastewater-treatment obligation. No statute authorizes that waiver. The operator claims that commercial agreement alone settles its public duties, while residents identify harm to waterways. Under Maynilad's public-trust approach, which is strongest?
- Private agreement necessarily repeals the statute.
- Only the operator's expected profit is legally relevant.
- The agreement cannot by itself erase the governing statutory obligation or the State's trust responsibility.
- Residents are excluded from the public-benefit inquiry because they did not sign.
- The State becomes incapable of regulating water after outsourcing service.
Legal references
- Maynilad Water Services v. Secretary of DENR, G.R. Nos. 202897, 206823 and 207969, August 6, 2019, main decision, water management as a public trust: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65416
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