THREE Cagayan de Oro City councilors have filed a petition before Branch 38 of the Regional Trial Court of Misamis Oriental to allow the people of the city, through them, to be recognized as a party in the lawsuit between the Cagayan de Oro Water District (COWD) and bulk water supplier Rio Verde Water Consortium, Inc. (RVWCI).
City Councilors Teodulfo Lao, chairman of the City Council’s committee on public utilities, and committee members Eric Salcedo and Reuben Roa Daba on Tuesday, November 7, filed a petition for leave to intervene with petition-in-intervention before the court.
Lawyer James Judith II, the councilors' legal counsel, said the petition will provide the councilors legal standing in the case proceedings between the COWD and the RVWCI on the nullification of the latter’s bulk water supply contract with the water utility now pending in the same RTC branch.
"Wala tay gidapigan, kundi nisingit ta para irecognize ta sa korte, naa tay locus standee or legal personality na makasingit ta ani na kaso because we are representing the people of Cagayan de Oro," he said.
In the petition filed with the court, the councilors said, among others, they cannot sit in the sidelines while the COWD and RVWCI fight over the bulk water supply agreement, with the latter even threatening to reduce or cut off supply if its demands are not met.
The three councilors emphasized that 729,676 Kagay-anons with 85,524 active service connections are being affected by the dispute over the contract, with a big number having experienced water interruptions in the past weeks.
"Kung tugutan ra nato ang duha ka party diha murag mapasagdan ang katawhan sa dakbayan, wala mi ningsalig in effect sa water district. It's actually a subtle way of telling water district na dili pwede nga sila-sila lang to decide on our fate," Judith added.
In the petition penned by Judith to the court, he said the “intervenors” or the councilors have a legal interest in the matter because it concerns the assertion of a public right.
"The Supreme Court has recognized that a public right, or that which belongs to the people at large, may also be the subject of an actual case or controversy. In Severino, it ruled that a private citizen may enforce a public right in behalf of all other citizens," the petition said.
"In the end, it is still the people who will inevitably suffer greatly from a water crisis if no moves are made to resolve the seemingly interminable legal tussle between the original parties to this case," it added.
Aside from filing of the motion, Judith said they are also set to take legal action against COWD and its new bulk water supplier, MetroPac Water Investments Corporation (MetroPac).
He said they will bring the matter before the Philippine Competition Commission (PCC), an independent, quasi-judicial body formed to implement the Philippine Competition Act which aims to promote and maintain market competition within the Philippines by regulating anti-competition behavior.
"Gusto mi makasingit pud kung unsa ba kining ilang bag-ong kontrata na gisudlan, nananghid ba sila ug ensakto sa katawhan?" he said.
Councilor Lao, for his part, said they want to intervene to stop the joint venture agreement entered into between COWD and MetroPac.
"As elected public official, ang amo gyud nga primordial responsibility for the welfare of the people. We want to stop their joint venture, and conduct a re-bidding again. Kung kinsa man ang interesado, ang lowest bidder, mao ang atong ipadaog, dili kay selective lang kay tungod maoy atong kaila," he said.
"Daghan kaayong potential suppliers sa tubig dinhi nganong dili man nato itap sila na sila ang supplier? Kay the more ang Kagay-anon ag mossupply sa tubig, naa gyuy iyang pagbati sa Kagay-anon, dili kay profit-oriented but to deliver basic needs sa people which is water," he added.
Councilor Eric Salcedo also called on the COWD board of directors and the water utility’s general manager to resign.
Salcedo said the board of directors and the general manager, Engineer Rachel Beja, are the people who signed the contract which, he said, is disadvantageous to the people.
The COWD board of directors are composed of Eduardo Antonio Montalvan, chairman; Joel Baldelovar, vice chairman; Soc Anthony Del Rosario, secretary; Mateo Delegencia, Concepcion Quiblat, members; and DBP observer Neogen Chavez.
"Manawagan ko na mo-resign ang mga board of directors kay sila man ang nagpirma sa kontrata, apil si GM dapat mo-resign. Maapil man sila ani kay sila gud ang nagpirma, it is very disadvantageous people," he said.
"Dili na gani mgpa-interview ang chairman sa board, unsay pasabot, wala siya kasabot sa iyang gipirmahan? Dapat moresign sila," he added.
For Councilor Reuben Daba, the legal actions taken will set a clear direction towards achieving a sustainable water supply in a growing city like Cagayan de Oro.
"Wala kitay political motive or anything, ang interest lang sa katawhan ang atong gitan-aw, we want what's best for our people," Daba said.