The Regional Trial Court granted yesterday the temporary restraining order sought by the Bacolod City Water District against the owners of the Boro-Boro Springs in Brgy. Alangilan, Bacolod City.

The TRO, which is effective for 20 days from notice, will allow the Baciwa personnel to enter the property to check the reported sabotage on its spring intake box and the alleged diversion of water from the spring, and address the water problem experienced by residents in the eastern portion of Bacolod. Baciwa filed before the RTC Tuesday an injunction with prayer for TRO and preliminary injunction and the establishment of right of way against the owners of the property, Edmundo Sausi and children, for allegedly closing the gate to the only access road leading to the water source.

Baciwa personnel could not enter the property to inspect the Boro-Boro Spring after receiving reports Sunday that Spring No. 2 was sabotaged and its water diverted.

RTC Judge Anastacio Rufon in his order dated Jan. 12, directed the defendants to allow Baciwa free access to the road right of way, in order to inspect Boro-Boro Springs, to introduce corrective measures and secure it from whatever possible economic sabotage or contamination.

Rufon also ordered the defendants and anyone acting in their behalf, to cease and desist from harassing, stopping or preventing Baciwa personnel or their representatives from having free access to the springs and its premises.

The hearing of the application for issuance of a writ of preliminary mandatory injunction has been set by the court on Jan. 19. In lieu of oral testimony, the parties have been directed to simultaneously submit their position papers, affidavits and documents for purposes of the injunction, on or before Jan. 17, in support of their respective theories.

Jovim Entila, counsel of Baciwa, said the TRO is a provisional remedy and its purpose is to preserve the status quo for a period of 20 days. He said they filed for preliminary injunction so Baciwa can continue to utilize the water from the springs while the main case is still in the court.

Under the Rules of Court, the preliminary injunction shall be resolved by the court within 20 days from the issuance of the TRO, Entila said.

He said if it is proven that the water was diverted, the person responsible will be liable for criminal charges of economic sabotage and violation of the Water Crisis Act, he said.

Asked why only the Sausi family and their lawyer Juan Rubrico were impleaded in the amended complaint he filed and not the other heirs of the property, Entila said it is because they were the only ones responsible for closing the only access road leading to the Boro-Boro Springs. He said that because a TRO has been issued by the court, the city can only intervene for purposes of letting the parties come together and discuss possible settlement of the case under certain terms and conditions within the law and agreeable between both parties. Baciwa is open to proposals as long as it is feasible and within the bounds of the law, Entila added.

Meanwhile, Baciwa assistant manager for operations, Samuel Penado said their team was able to enter the Boro-Boro Springs at about 1:45 p.m. He said they discovered that about 15,000 cubic meters of water was lost in the Baciwa reservoir in Granada during the five days that they were not able to enter the property to check the alleged diversion of water by unknown individuals.*CGS

back to top