The owners of the Boro-Boro Springs in Brgy. Alangilan, Bacolod City have filed an urgent motion to recall the Order of the Regional Trial Court that granted the "urgent motion to break open the gates and other obstacles" filed by the Bacolod City Water District.

RTC Judge Anastacio Rufon issued an Order on Feb. 9 granting the motion filed by Baciwa against Vicente Villaruz, Juanito Sausi Jr., and Jose Infante, and the Estate of the late Ladislao Saosao/Sausi after they closed the gates to the springs on Feb. 5.

In his order, Rufon directed the defendants to allow the personnel of the water firm unhampered access to all entrance and exit gates, roads and locks found in Lots 1284, 1274, 1017, 1549 and the neighboring lots. He also ordered the Sheriff of the Court to implement the Order and enforce the Writ of Preliminary Injunction he issued on Jan. 31.

The judge also ordered the police to arrest anyone who defies or attempts to defy the Writ of Preliminary Injunction and his Order, and to secure the area where the springs and the Baciwa facilities are found in order to prevent anybody from sabotaging, destroying the same, and closing the access roads.

The owners of the property, in their motion to recall the Order of the court, claimed that the court granted the request of Baciwa despite the fact that it has not acquired jurisdiction over them as there was no proper service of summons. This was clearly stated in the motion to quash subpoena filed by Solidum, they said.

They asked the court to recall its Feb. 9 Order and order the Sheriff to restore them to possession and control of Lots 1549 and 1079, as well as, restore the condition of the gate or padlock destroyed by Baciwa.

Baciwa assistant general manager Juliana Carbon said their counsel, Jovim Entila is studying the possibility of filing a case against the husband of Wilma Sausi, for obstructing them after the court had granted the "motion to break open the gates" which their lawyer had filed.

Meanwhile, Bacolod Mayor Evelio Leonardia yesterday said his administration will explore the possibility of an amicable settlement if the owners of the property will allow the intervention of the city. He said that, at the moment, the case is already in court and the city cannot interfere.

"I'll ask some people to start talking with the owners," Leonardia said, "although, of course, we are not guaranteeing anything. It will depend on the decision of the owners," he said.*CGS

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