Letter to a Lawyer:

Dear Attorney,

Good day. I hope this letter finds you well. I would like to seek your legal expertise on a matter concerning water billing and submeter charges. Specifically, I reside in Pasay, where the water utility provider is Maynilad. My concerns are as follows:

What is the average water billing cost for Maynilad customers in Pasay?
If I am a tenant using a submeter installed by my landlord, how much is the maximum cost that my landlord can legally charge me per cubic meter of water?

Your guidance on this matter would be greatly appreciated, as I want to ensure compliance with relevant laws and prevent any potential disputes.

Thank you in advance for your advice.

Respectfully,
A Concerned Tenant

Comprehensive Legal Discussion on the Topic

The matter raised touches on consumer protection, landlord-tenant relations, and the regulatory framework governing water service providers in the Philippines. Below is a detailed discussion to clarify these issues.

1. Average Water Billing by Maynilad in Pasay

Maynilad Water Services, Inc. provides water to customers in the West Zone of Metro Manila, including Pasay City. The average billing cost varies based on the following factors:

Residential Water Rates: Maynilad uses a tiered pricing system where the cost per cubic meter (cu.m.) increases as consumption rises. As of 2024, Maynilad's rates for residential customers typically range between ₱15 and ₱40 per cu.m., depending on consumption brackets.
- Basic Charge: ₱15-20/cu.m. for the first 10 cu.m.
- Higher Consumption Brackets: Charges increase for consumption above 10 cu.m., reaching up to ₱40/cu.m. for higher tiers.
Other Charges:
- Environmental Fee (20% of the Basic Charge)
- Sewerage Fee (applicable to properties connected to the sewer system)
- Value-Added Tax (VAT), which applies to the total charges.

For an average household in Pasay using around 20-30 cu.m. of water monthly, the total monthly water bill may range between ₱600 and ₱1,200, depending on consumption and additional fees.

2. Legal Basis for Submeter Charges by Landlords

Relevant Laws and Regulations

The following laws and administrative orders govern water billing and submeter practices in the Philippines:

Republic Act No. 7394 (Consumer Act of the Philippines): Prohibits deceptive billing practices and ensures fair treatment of consumers.
Presidential Decree No. 856 (Sanitation Code): Mandates landlords to provide tenants with a safe and adequate water supply.
MWSS (Metropolitan Waterworks and Sewerage System) Regulations: Establish guidelines for water service providers, including submetering policies.

Submeter Billing by Landlords

Landlords often install submeters to measure tenants' individual water consumption. This practice is regulated to ensure fairness:

Submeter Charges Must Reflect Actual Usage:
- Landlords can only charge tenants based on their actual water consumption as recorded by the submeter.
- Charges should align with the rates imposed by the main water utility provider (e.g., Maynilad).
Prohibition Against Overcharging:
- Landlords are prohibited from imposing excessive or arbitrary markups on water bills.
- The maximum amount a landlord can charge per cubic meter is the total cost billed by Maynilad, divided by the main meter's total consumption.
Administrative Orders on Submetering:
- MWSS Circulars and Guidelines: Landlords must provide tenants with a breakdown of water charges, including the basic rate, environmental fee, and VAT.

Illustrative Example:

If the main Maynilad bill shows a rate of ₱25/cu.m. (including all fees) and the tenant consumed 10 cu.m. according to the submeter, the landlord can only charge ₱250 for that month.

3. Remedies for Tenants Facing Overcharging

If a landlord charges more than the allowable rate per cubic meter, tenants may take the following steps:

Request an Itemized Breakdown of Charges:
- Tenants should ask their landlord for a detailed computation of water charges.
File a Complaint with the Barangay or HLURB:
- Disputes over submeter charges can be brought to the barangay for mediation.
- If unresolved, tenants may file a complaint with the Housing and Land Use Regulatory Board (HLURB).
Seek Assistance from Regulatory Agencies:
- The MWSS Regulatory Office can investigate cases of overcharging by landlords.

4. Recommendations for Tenants

To avoid disputes and ensure compliance with regulations:

Demand Transparency: Insist on clear billing practices from your landlord.
Verify Main Meter Readings: Compare the submeter readings with the main Maynilad bill.
Understand Your Rights: Familiarize yourself with Maynilad's water rates and tenant protection laws.

Conclusion

The average Maynilad water bill in Pasay varies based on consumption, typically ranging from ₱600 to ₱1,200 monthly. Landlords using submeters must adhere to the actual rates charged by Maynilad and cannot impose arbitrary or excessive fees. Tenants have multiple legal remedies to address overcharging, including mediation, filing complaints, and seeking assistance from regulatory agencies.

This discussion highlights the importance of transparency and legal compliance in water billing practices to protect the rights of both tenants and landlords.