The owners of the Boro-Boro Springs in Brgy. Alangilan, Bacolod City, yesterday filed before the Regional Trial Court a motion to inhibit the judge from hearing the case filed against them by the Bacolod City Water District.

Baciwa had filed an injunction case against Edmundo Sausi and children after they closed the access road leading to the property on January 8. The case was filed before Judge Anastacio Rufon of RTC Branch 52.

Romeo Natino and Juan Rubrico, lawyers of the Sausis, stated in the motion for inhibition they had filed that, during the hearing yesterday, the judge allowed Baciwa's counsel to argue freely based on the motion and pleading he submitted but that they were distracted, interrupted and rattled by the judge.

Baciwa, represented by Jovim Entila, also filed yesterday a motion asking the court to grant Baciwa leave to amend its complaint and admit the second amended complaint which included the other owners.

The other owners, who were not impleaded in the injunction case, reportedly closed the other gates leading to the springs Sunday evening. They are Juanito Sausi Jr., Jose Infante, the Intestate Estate of the late Ladislao Saosao/Sausi represented by its judicial administrators Vicente Villaruz and Remus Sausi, and all others who claim inheritance or right over the properties.

The legal counsels of Edmundo Sausi et al, said the judge issued subpoena to the additional parties impleaded in the second amended complaint by issuing an order in open court for them to attend a hearing the court has scheduled today. They claim that this is illegal since the additional parties have not yet been served with summons and a copy of the complaint.

The lawyers of Sausi asked the judge to inhibit himself for the sake of equity, justice and fairness, so any ruling rendered in the case will be viewed as above suspicion.

Meanwhile, the motion for leave filed by Baciwa stated that there is a necessity to implead the other owners of the springs responsible for the latest obstruction of the water utility, in order to avoid the repetition of the incidents stated in its complaint and to protect the water concessionaires of Bacolod affected by the illegal acts of those who claim ownership or inheritance over the properties involved.

It said that when the Local Water Utilities Act (PD 198) took effect in 1973, all water sources, properties, facilities and equipment of the Yulo Waterworks were turned over to BACIWA, and those included the Boro-Boro Springs in Alangilan.

Baciwa general manager Vicente Petierre said the Baciwa board and management are willing to settle the problem amicably. He said they are willing to pay for the road right-of-way so long as it is clarified to whom they should pay since there are many owners.

He said Baciwa is not selling water but is paying for the services rendered in bringing potable water to its concessionaires.*CGS

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