Baciwa seeks restraining order against closure of 4 deep wells

THE Bacolod City Water District (Baciwa) is seeking a temporary restraining order on the notice of closure and sealing of four deep wells issued by the National Water Resources Board (NWRB).

The petition for prohibition with prayer for a writ of preliminary injunction and the temporary restraining order was filed Monday before the Regional Trial Court (RTC) here.

Lorendo Dilag, chairman of Baciwa Board, said yesterday the date of the supposed closure order was on July 30 and 31, but the hearing for their petition is set today at the local court.

The notice of closure and order dated July 2 were issued by NWRB executive director Sevillo David Jr.

Dilag said they received the closure order on July 19. It is in connection with the NWRB Resolution dated March 5, denying the motion of Baciwa to lift cease and desist order (CDO) issued on November 10, 2017.

The order stated that the four deep wells were operated without water permit or conditional water permit in the areas of Oyale in Barangay Granada, Barangay Handumanan, and the two deep wells in Barangay Vista Alegre.

NWRB also directed the Baciwa to pay a fine of P1,000 per day for each deep well reckoned from April 2017 to July 29, 2018, or 479 days for a total amount of P1.916 million.

On November 10, 2017, the NWRB issued a CDO to Baciwa on the operation of its 14 deep wells without water permits based on the complaint filed by concerned citizen John Sy against the management of Baciwa in 2016.

Of the 14 deep wells, four have water permits, eight have a water permit applications pending with NWRB, one was abandoned and the other one is a well turned over by the city government to the water district.

Jenelyn Gemora, Baciwa assistant general manager for operations, said they will attend the hearing today with their legal counsel from the Office of the Government Corporate Counsel (OGCC).

She said the four deep wells subject of the notice of closure was never a part of the 14 wells subject of NWRB’s Resolution dated March 5, 2018, denying Baciwa’s motion to lift CDO.

“This notice of closure order is erroneous because two of the four deep wells are not yet operational while the other one has already a conditional water permit and the other one has no application from Baciwa. Baciwa was not given the opportunity to explain its side,” she added.

Gemora noted that their deep well in Barangay Handumanan has already a conditional water permit and if it will be closed, it will affect 30,000 consumers in the area including in Barangay Felisa.

“We filed the petition because the notice of closure and sealing of deep wells is invalid as it was issued by NWRB in blatant violation of Baciwa’s right due process, the general welfare clause of the constitution and is inimical to the public interest,” Gemora said.

She said this will greatly prejudice Baciwa’s consumers. The closure order was issued by NWRB with apparent arbitrariness and undue haste to the great detriment and injury to Baciwa’s right.

“It will adversely affect the delivery of basic services and disadvantageous to the government as Baciwa will incur huge losses, and it’s not proper considering that Baciwa is a government instrumentally imbued with paramount public interest,” she added.

Baciwa has a total of 56 operational deep wells.