The Bacolod City Water District yesterday filed before the Regional Trial Court an opposition to the motion to dismiss the case it had filed against the owners of the Boro-Boro Spring in Brgy. Alangilan, Bacolod City for allegedly ordering the closure of the only access road leading to their property.

The motion was filed by Juan Rubrico, the lawyer of Edmundo Sausi and children.

Baciwa said it received reports Sunday that Spring No. 2 was sabotaged and its water diverted. Its personnel reportedly could not enter the property to validate the reports since the gate to the only access road had been padlocked by the owners without prior notice.

In his motion to dismiss, Jovim Entilla, legal counsel of Baciwa, said the real issue in the case is the unlawful act of the defendants, referring to the Sausi family, in padlocking the gate of the only access road to the springs, not the ownership.

He said the closure resulted in irreparable damages incurred by Baciwa, as well as about 5,000 to 9,000 people of Bacolod, due to low pressure or worst, no water supply in their area.

Meanwhile, Rubrico said the Sausi family is asking Baciwa to pay P67 to P69 million as royalty after the court rendered a decision that they own the property.

Entila said they filed an amended complaint yesterday impleading Rubrico for allegedly instigating everything just to force the issue against Baciwa, hoping they can get millions of pesos from it by way of concessions.

Entila said that, based on the Water Code, there is no legal justification for a water district to pay for the volume of water it extracts from the spring located in the private land of one person, since all waters found in private lands are still owned by the state.

He also said the Commission on Audit will always disallow payment for water by the water district. Never in the history of the Philippines was there a case where a water district paid for water drawn from the property of a private person, he added.

On the other hand, Entila said, there is no water district in the country selling water, since water is not for sale. He pointed out that the water district is only charging its concessionaires the equivalent of the services it renders to the people.

Entila said that, if the owners charge for the right of way, Baciwa is willing to pay if the price is reasonable, and if it is allowed by COA.*CGS

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