The lawyers of the Sausi family, owners of the Boro-Boro Springs in Brgy. Alangilan, Bacolod City, filed a position paper before the Regional Trial Court yesterday asking for the immediate lifting of the temporary restraining order and the dismissal of the injunction case filed against their clients by the Bacolod City Water District.

RTC Judge Anastacio Rufon Thursday granted the TRO sought by Baciwa against Edmundo Sausi and children, to allow its 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.

The position paper was submitted by Juan Rubrico and Abner Notarte. Meanwhile, the court has scheduled the hearing of the main case filed by Baciwa against the Sausi's on Thursday.

The position paper submitted by the lawyers of the Sausi family stated that for the last three years, Baciwa had already been informed that the defendant's gates were already closed to it and to its personnel for the water district's failure to heed their demands to be compensated for its long and continuous exploitation of their property.

Baciwa could not blame the defendants in rejecting it since its use of their property has been illegal from the beginning, it said.

The defendants asked that the complaint filed against them by Baciwa be dismissed for having been filed without authority from its board.

They said the application of Baciwa for a road right of way must fall because not all the owners of the property were impleaded in the case it filed.

They also said Baciwa's negligence and willful disregard of public welfare was revealed clearly when defendant Abner Sausi, Baciwa spring tender, was on leave for 25 days and Baciwa did not send someone to replace him. *CGS

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