Given a looming if not already existing water crisis, under Sec. 17, Art VII of the 1987 Constitution and existing jurisprudence (David vs Arroyo, GR No 171396 on May 3, 2006), Congress may delegate to the President the power of the state to take over the operation of public utilities.

However, the President has to declare an emergency, and if Congress delegates that power to him, the government must be ready to compensate whatever losses the private concessionaire/s would incur during the period of the government takeover.

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