Wednesday, January 11, 2006
Sausi family demands P67M from water firm
By Roberto L. Bacasong
THE Sausi family is demanding that the Bacolod City Water District (Baciwa) pay them P67 million in accumulated payments from the time the water firm started operating within their private property in 1973.
Lawyer Juan Rubrico, in an interview, said he was commissioned by the family to defend their rights as owner of the property, as granted by the Court of Appeals.
He, though, said the family is willing to negotiate with Baciwa on the terms of payment.
"If the water firm is willing to negotiate with us, the family might lessen the amount," he said.
In a separate interview, Julie Ann Carbon, Baciwa assistant general manager, denied implications that they are not willing to negotiate with the Sausis.
"We are doing our best to negotiate with the family," she said, adding that she is hoping that the family will have a dialog with them.
For his part, Bacolod City Mayor Evelio Leonardia said the City is willing to intervene in the case for the sake of the water consumers.
He said he has advised City Police Director Supt. Pedro Merced to assist Baciwa.
"I already called up Baciwa. They already filed the case to the court, and I am hoping that the court will grant their petition," Leonardia said.
The mayor also advised Baciwa counsel Jovim Entila to coordinate with City Legal Officer Allan Zamora.
Carbon confirms that many consumers are now affected by the conflict.
She said they are now resorting to water rationing.
The affected areas, according to Carbon, include Patricia Homes, Cabacawan, Camingawan, Jesusa Heights, Sunshine Valley, Villa Fe, Villa Villeta, Fortune Towne, Villamonte, Villa Angeles, Hervias, Greensville I, II, III, Eroreco, Villa Angela, Capitol Ville, Capitol Hills, Helvetia, Villa Ramos, Capitol Heights, Homesite, Rio Vista, Sto. Niño Village, Gonzaga Subdivision, Royal Meadows, Patria Village, Granada, Purok Sabes, Mandalagan, and all other areas along Burgos Extension.
Meanwhile, Carbon said Baciwa filed last Tuesday morning a case of injunction with prayer for temporary restraining order and preliminary injunction and establishment of right of way.
In the afternoon, the case was raffled off and fell before the sala of Judge Anastacio Rufon of the Regional Trial Court Branch 52.
Carbon said the deliberation of the case is set at 8:30 a.m. today.
Carbon related that Yulo Waterworks, an agency owned and operated by the City of Bacolod, used to be the sole agency providing potable water in Bacolod.
When the Local Water Utilities Act took effect in 1973, all water resources, properties, facilities and equipment of Yulo Waterworks were turned over to Baciwa.
Among the water sources turned over to Baciwa was the Buro-Buro springs located at Barangay Alangilan, a part of territorial domain of Talisay City.
This is the property that the Sausis are claiming as their private lot.
Since the turnover up to the present, Baciwa has been utilizing Buro-Buro springs as one of its principal sources of water.
The water sourced from the springs is serving about 5,000 to 9,000 households in the city.
On June 4, 2003, the Sausis' counsel Romeo Natino wrote to the Baciwa board of directors informing them that the "dispute on the rightful ownership of Lot 1017, Talisay Cadastre, has been resolved with finality in favor of (Edmundo) Sausi."
However, Entila and the Office of the Government Corporate Counsel contested the decision, citing Article 12 of the National Economy and Patrimony of the 1987 Constitution, which provides that all lands of the public domain, waters... all forces of potential energy... and other natural resources are owned by the State.
The same provision also states that the natural explorations, development, and utilization of the natural resources shall be under the full control and supervision of the State.
(January 11, 2006 issue)
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