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Bacolod City, Philippines Tuesday, February 7, 2006
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Break gates open,
Baciwa asks court
BY CHRYSEE SAMILLANO

The Bacolod City Water District yesterday filed before the Regional Trial Court an "urgent motion to break open the gates and other obstacles" in the Boro-Boro Springs in Brgy. Alangilan, Bacolod City after the access road leading to the property was again closed by the other owners not impleaded the injunction case it had filed.

On Jan. 10 Baciwa had filed an injunction case with prayer for temporary restraining order and preliminary injunction and establishment of right-of-way against Edmundo Sausi and children. The court issued on Jan. 31 an order granting the motion and a writ of preliminary injunction, directing the owners to comply with the terms and conditions of the TRO issued by the court.

The urgent motion filed by Jovim Entila, legal counsel of the water firm, said that the Baciwa administration was informed Sunday evening by its security guards at the springs and facilities, that they were threatened by Juanito Sausi Jr., Jose Infante, Vicente Villaruz and their armed companions, who claimed to be the heirs of the late Ladislao Saosao/Sausi, despite the fact that they are covered by the TRO and the writ of preliminary injunction.

Juanito Sausi Jr., Infante, Villaruz and their armed companions, closed the gate at Lot 1549, threatened the Baciwa guards, closed the water valves, and diverted the flow of water from the springs, he added. Entila said these three persons and their armed companions, had been privy to the dialogs held in Bacolod City as directed by the court and were properly represented by their counsel, Ivan Solidum, during the dialogs.

Baciwa asked the court to order the defendants and all those claming ownership over Lots 1284, 1274, 1017, 1549, and the neighboring lots , or any person holding the keys to the entrance and exit gates of the property, to turn them over to Baciwa or its representatives, and allow the water district unhampered access to the property.

It also asked the court to direct its sheriff, the police authorities from Negros Occidental, Bacolod, Talisay and the Regional Mobile Group to cause the opening of the gates, roads, and other obstacles put up by the defendants without delay and enable Baciwa to inspect the Boro-Boro Springs and its facilities, initiate corrective measures, and re-direct the flow of water to the distribution lines.

Baciwa also asked the court to order the police to secure the area to prevent anybody from sabotaging the facilities, destroying, closing the access road, or contaminating the spring water, and cause the arrest of anyone who defies or attempts to defy the writ of preliminary injunction and other orders from the court.

Bacolod Mayor Evelio Leonardia yesterday said the matter has been brought by Baciwa to the attention of the court and "If the court asks for our help, then that is when the city comes in. We cannot do so without an order from the court," he added.*CGS

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