Friday, September 02, 2005
Water rate hike suspended
By Aurea A. Gerundio
A REGIONAL Trial Court (RTC) in Davao City Thursday suspended the 30 percent water rate increase, which was supposed to be implemented by the Davao City Water District (DCWD) starting Friday.
RTC 11 Executive Judge Renato A. Fuentes, acting on the complaint filed by four councilors, issued a 72-hour temporary restraining order (TRO) on the water rate increase.
"(DCWD) and the Local Water Utilities Administration, through their officials and employees are ordered to desist, restrained, and prevented from imposing the proposed 30 percent water rate increase, within 72 hours," Fuentes stated in an order issued Thursday.
Four Davao City councilors set aside differences triggered by the series of exposes about anomalies in the City Council and were one in filing the TRO in court.
Councilors Victorio S. Advincula Sr., Diosdado A. Mahipus Sr., Bonifacio E. Militar, and Peter T. Laviña filed a case against the DCWD and LWUA for the preliminary injunction and TRO on the 30 percent water rate increase.
Advincula said the conflict of the blocs in the City Council is set aside this time for the welfare of the city's residents, who will be burdened by the water rate increase.
Militar was also determined to get the TRO "so the DCWD cannot collect the 30 percent increase in water rate and the people of Davao will be happy."
"We may have differences in other matters in the City Council, but this time we are one for the good of the people of Davao," Militar said, adding that the 30 percent increase is too much.
Mahipus echoed similar opinion saying the increase is "not reasonable" amidst the economic and political crisis besetting the country at present.
Laviña, meanwhile, questioned the LWUA for deciding over the 30 percent increase without the approval of the National Water Resources Board (NWRB).
Based on the plaintiffs' complaint, copy of which was obtained by Sun.Star, the approval of the LWUA on the water rate increase announced by the DCWD today is "illegal and invalid."
Following this, the plaintiff cited Section 6 of Executive Order 123 dated September 12, 2002, stating that "the LWUA shall cease and desist with its practice of regulating the water tariffs of water districts, which shall hereinafter be undertaken by the NWRB. However, the LWUA, consistent with its mandate under Presidential Decree 198, may continue reviewing the rates of water districts, which it has financial exposure, with the end view of ensuring their financial viabilities."
The plaintiffs claimed that the matter of fixing water tariffs is therefore no longer vested with the LWUA, but with the NWRB.
The plaintiffs pray that after due trial on the merits of their complaint, the court will render judgment making the injunction permanent.
For Bisaya stories from Davao. Click here. (September 2, 2005 issue)
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