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Saturday, January 14, 2006
Local court grants TRO to water firm
By Roberto L. Bacasong
THE Regional Trial Court in Bacolod City granted Friday the temporary restraining order (TRO) filed by the Bacolod City Water District (Baciwa).
Local court Judge Anastacio C. Rufon also ordered Sausi family to allow the water firm free access to the road leading to Buro-Buro spring in Sitio Balogo, Barangay Concepcion, Talisay City.
The said order is for the firm to introduce corrective measures, and secure the water source from any possibility of economic sabotage or contamination.
In his decision, Rufon stated that the TRO was granted without necessarily implying that Baciwa is entitled to the relief prayed for in its complaint, but, in order to preserve and maintain the subject of the controversy in a status quo.
For his part, Mayor Evelio Leonardia said he is glad that the court granted the TRO to Baciwa.
Leonardia, in a separate interview, said the public needs water.
"I don't want to be biased because this is a public interest. I want to exercise my function as mayor of this city," said Leonardia.
The Sausi family earlier closed the road right of way insisting that they owned the property where the Buro-Buro spring is located.
The family wanted Baciwa to pay them P67 million for the alleged use of their property since 1973.
As a result, Baciwa had to ration their water as the spring is one of its main source of water supply.
Baciwa then filed Monday their complaint before the court.
In his decision, Rufon also ordered the Sausi family and his children -- Alex, Wilma, Rowena, Peter, Janet, Abner and Lera -- to cease and desist from harassing, stopping or preventing the Baciwa personnel and their representatives from having free access to the springs.
Baciwa counsel Jovim Entila said there was sufficient basis in granting the TRO.
As the TRO is only to preserve the status quo for 20 days, Entila said, "We have a prayer for additional probation remedy, which is called the preliminary injunction, because while the hearing on the main case continues, Baciwa can just continue utilizing the Buro-Buro spring and allow them to use a portion of the Sausi property in going to and from the spring."
Under the rules of court, the court shall resolve the preliminary injunction within 20 days upon its issuance of the TRO, said Entila.
Meanwhile, Baciwa confirmed the diversion of the water facility after going inside the Sausi property Friday.
"The diversion of the water facility is considered as economic sabotage and violation to the Water Crisis Act," Entila said.
Baciwa also filed an amended complaint against Sausi family, including their counsel Juan Rubrico, upon the suggestion of the court.
Last January 8, Alex and Rubrico allegedly locked the gate leading to the spring.
"We also observed that Rubrico and the Sausi family have direct access to the person holding the key to the gate and they even come and go to the property using the said gate," Entila said.
Rubrico also admitted that the Sausi family closed the gate leading to the Buro-Buro spring to prevent Baciwa from entering and maintaining the spring.
Julie Ann Carbon, Baciwa general manager, said they are still computing and assessing the damaged cause by the closure of the water springs.
"I want to thank the City for their intention to help. I also want to thank the water consumers for being patient until such time the court granted the TRO," Carbon said.
Starting Friday, the affected areas began to regain their normal supply of water.
(January 14, 2006 issue)
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