The Amlig Tubig, an alliance of concerned water consumers, has filed an appeal before the Court of Appeals (CA) for the termination of the Joint Venture Agreement between the Bacolod City Water District (Baciwa) and Primewater Infrastructure Inc.
Councilor Wilson Gamboa Jr., convenor of Amlig Tubig, said yesterday that they already filed their appeal to CA for the termination of the contract between Baciwa and Primewater, and within this month, they will submit the Commission on Audit (COA) report.
He said they earlier received the COA-National findings that the Joint Venture Agreement between the two parties committed violations on the provisions of the contract.
“COA found significant audit observation and recommendations that question the legality of the contract,” he added.
On November 11, 2020, the Regional Trial Court (RTC) in Bacolod City dismissed the Instant Petition for the Declaratory Relief and Declaration of the Nullity of the Joint Venture Agreement between Baciwa and Primewater Infrastructure Inc. for failure to state a cause of action.
The petition was filed by Gamboa.
Primewater then took over the operation and management of Baciwa after the Board of Directors gave it the green light to proceed with the takeover.
After the dismissal of the case, Gamboa said they filed an appeal before the CA to terminate the contract between the two parties.
“Since both parties committed violations, we can terminate their contract based on the COA findings. We will question this before the proper court,” he said.
He added COA also recommended that the management should seek clarifications and reconciliation on the affected provisions of the joint venture agreement and Section 30 (a) of Presidential Decree No. 198, as amended, from the Office of the President, National Economic and Development Authority (Neda), Governance Commission for GOCCs and Local Water Utilities Administration to ascertain the legality of the joint venture operation between the District and Primewater and to fully secure and protect the interest of the government.
Gamboa disclosed that they will attach the COA findings to give credence to their appeal for the termination of the contract between the two parties. (MAP)