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The lawyers of the owner of the Boro-Boro Spings in Brgy. Alangilan,
Bacolod City, will file a motion today for reconsideration of the
order issued by the Regional Trial Court Friday admitting the second
complaint of Baciwa.
In its second amended complaint, Baciwa included the names
of Vicente Villaruz, Juanito Sausi Jr., and Jose Infante, and the
Estate of the late Ladislao Saosao/Sausi in the injunction case
it had filed against the owners of the property, Edmundo Sausi and
children, for closing the gates leading to the springs.
Romeo Natino, lawyer of Edmundo Sausi et al, yesterday said
the amended complaint was filed by Baciwa on Feb. 7 and they were
surprised that it was admitted on the same day. He said the judge
also issued a subpoena to the defendants which he later recalled,
and instead issued them summons. The lawyer said these issues were
raised during the hearing Friday and he, together with Juan Rubrico,
asked to be given five days to file their motion for reconsideration
asking the court not to accept the second amended complaint of Baciwa.
They claimed that the court has no jurisdiction over the
case and that the judge gravely erred when he allowed Baciwa's complaint
despite the absence of authority and that Baciwa general manager
Vicente Petierre has no authority to file the complaint against
their clients.
They also said they have filed before the National Water Resources
Board a motion to cancel the water permit it had issued to Baciwa.*CGS
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