THE Court of Appeals (CA) in Cebu City has reversed the decision of the Regional Trial Court (RTC) in Bacolod City for the dismissal of the Instant Petition for the Declaratory Relief and Declaration of the Nullity of the Joint Venture Agreement between Bacolod City Water District (BACIWA) and PrimeWater Infrastructure Inc. for failure to state a cause of action, former councilor Wilson Gamboa Jr., convenor of the Amlig Tubig, said Tuesday, January 17.
Gamboa said they received the decision last week and it was signed by Associate Justice Rogelio Largo.
“We are happy that the CA reversed the decision of the RTC and it was returned to them for immediate trial,” he said.
The order said the petitioners-appellants assert that they have the right to file the petition as the issues directly affect their rights and interests as consumers. The subject resolution, certificates, and joint venture agreement (JVA) are matters of public interest that will directly affect them as they have the included provisions on the increase in water tariff, charges, and fees, without a valid public hearing or full disclosure as required in the constitution and enabling laws.
On November 11, 2020, the 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 for failure to state a cause of action.
The Amlig Tubig, an alliance of concerned water consumers, has filed an appeal before the CA for the termination of the joint venture.
The petition was filed by Gamboa, Pepito Pico, Lordgeline Jones and Ireneo Longinos.
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.
The order said the appeal is granted, adding that the order dated November 11, 2020 and Amended Order dated January 13, 2021 of the RTC Branch 45, Bacolod City, in Civil Case No. 20-15545, are revised and set aside.
Accordingly, this case is remanded to the RTC Branch 45, which is directed to continue with the dispatch of the proceedings in Civil Case No. 20-15545, it added.
Gamboa said the PrimeWater-BACIWA can also file their motion for reconsideration within 15 days.
“For us, this is an initial victory and I hope we can sustain this until in Supreme Court,” he said.
Meanwhile, the PrimeWater-BACIWA management could not be reached for comment Tuesday.*