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Friday, April 21, 2006
Trial vs water firm over 30% rate hike pushed
MILITANT group Bayan Muna lauded the court's decision to conduct a full-blown trial to hear its petition for declaratory relief against the Davao City Water District's (DCWD) imposition of a 30 percent water rate increase.
The court is set to hear the petition on May 19.
Judge Virginia Europa, in a court order last April 18, denied DCWD's motion to have the case junked, claiming the " petitioners are duly recognized under Philippine laws and that their existence constitute their interest in the case, which legitimizes their cause of action in the filing the petition."
"The court's decision is a welcome development to the criminal case that we intend to file against DCWD as soon as the declaratory relief is effected. We remain that DCWD's imposition of the 30 percent water rate increase was illegal and it violated the people's right to an affordable water rate as provided in the general requisites of imposing water rate increases," Bayan Muna regional coordinator Jeppie Ramada said.
The DCWD earlier contested Bayan Muna's position, saying the group "does not have the capacity to sue, does not have cause of action, failed to implead Local Water Utilities Administration (LWUA), and is guilty of forum shopping."
Europa ruled that LWUA is not an "indispensable party" to the case and that there was no forum shopping.
Bayan Muna and other people's organizations filed the petition for declaratory relief in September in relation to the 30 percent water rate increase, based on contention that the water district board resolution allowing DCWD to make the imposition was null and void.
The court issued a temporary restraining order on the rates imposition.
"In the series of barangay consultations that we have conducted regarding DCWD's imposition, the water rate increase has tremendously affected the lives of the ordinary folks who are reeling from the impact of high prices of basic commodities brought about by the 12 percent Expanded Value Added Tax imposition," Ramada said. (BOT/With press release)
For Bisaya stories from Davao. Click here. (April 21, 2006 issue) Write letter to the editor.Click here. Join the Sun.Star message board.Click here. |
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