THE Regional Trial Court Branch 45 in Bacolod City has granted the temporary restraining order (TRO), sought by Councilor Wilson Gamboa Jr. and Amlig Tubig against the 25-year Joint Venture Agreement of Bacolod City Water District (Baciwa) and Prime Water Infrastructure Corporation.
The ruling was stated in a two-page order issued by president judge Phoebe Gargantiel-Balbin dated October 27.
Gamboa said Wednesday, October 28, that he received a copy of the order on Tuesday, October 27.
The order stated that a verified complaint for declaratory relief and declaration of the nullity of the Joint Venture Agreement between Baciwa and Prime Water with application for issuance of TRO and/or writ of preliminary injunction dated October 16, 2020 praying, among others, that upon the filing of the petition, a TRO and/or preliminary injunction be issued enjoining Baciwa and Prime Water from executing and/or implementing or giving effect in any manner to Baciwa Board Resolution 115 Series of 2019, certificate of successful negotiation, supplemental terms to the certificate of successful negotiation and joint venture.
Gamboa said there will be a hearing on the application for preliminary injunction on November 9.
He said they filed the case against Baciwa and Prime Water on October 19.
"We are thankful that we have been given temporary relief that the Joint Venture Agreement of Baciwa and Prime Water will not be implemented on November 1," he added.
In July, Baciwa signed a 25-year Joint Venture Agreement with Prime Water Infrastructure Corporation for the management and development of the water district.
The joint agreement will commence on November 1, 2020 after the three-month transition period.
Lawyer Lorendo Dilag, chairman of the Baciwa board, earlier said the Prime Water will infuse a total of P6.8 billion in terms of projects.
Of the total amount, Prime Water will infuse P1.6 billion for the first five years for the pipe laying and repair of pipes, P2 billion on the fifth year and a total of P6.8 billion for 25 years.