MANILA, Philippines - The League of Provinces of the Philippines on Monday has asked the Supreme Court to dismiss for being premature a petition compelling LGUs to implement Republic Act 6716,  which mandates the creation of rainwater collectors in every barangay for a more efficient nationwide flood control project.

 In a 12-page opposition to the petition, the LPP through lawyer Gil-Fernando Cruz, argued that the Global Legal Action on Climate Change (GLACC) represented by Ramon Magsaysay awardee lawyer Antonio Oposa Jr. failed to exhaust all legal remedies prior to the filing of the petition before the SC.

The LPP said GLACC failed to send a demand letter to the  Leagues of Cities, Municipalities, Barangays and Provinces -- a legal remedy it should have taken prior to the filing of the petition before the SC.

The LPP said Section 5 of R.A 6716, which compels LGUs to automatically allocate a portion of its funds annually for the implementation of the law, violates the 1987 Constitution, which ensures the autonomy and fiscal independence of local governments

In its petition filed last April 23, GLACC noted that Republic Act 6716 was passed 21 years ago and yet it has yet to be fully implemented by the government and local government units.

They also accused the respondents of "gross negligence in the performance of public duty" because out of 100,000 rainwater catchments required by the law to be completed in 1991, the DPWH has only started complying last year and completed only four so far.

It maintained that  DPWH was the government agency mainly tasked to implement the law but  with the passage of the Local Government Code in 1991,  such  duty became a shared responsibility of the LGUs.