Court bars Carcar water district from increasing rate

The court has restrained the Carcar Water District from implementing its plan for a rate increase of P16 per cubic meter this month.

Judge Gilbert Moises of the Regional Trial Court Branch 18 yesterday issued a five-day temporary restraining order against the water district despite its claim that there was nothing to be restrained as it has already started implementing the increase last Saturday.

The water district officials who were named respondents of the petition for injunction filed by businessman Marlon Garcia also questioned the court's jurisdiction over the matter because the complainant allegedly failed to exhaust all administrative remedies before filing the petition.

However, Moises ruled that there was sufficient basis to grant Garcia's petition for a TRO, ordering both parties to submit their respective memoranda within three days from yesterday. The court scheduled the hearing of the main petition for injunction at 2:00 p.m. on July 18.

Garcia earlier asked the court to restrain the water district from implementing the rate increase starting July 1, saying that it did not conduct a public hearing on the matter which is required by law.

Garcia claimed that the purported public hearing done on October 21, 2000 was actually a project presentation and not a hearing for the rate hike.

The other respondents of the petition were Roberto Aleonar, Sr., chairman of the board; Marcelo Cabalquinto, vice chairman; Restituto Alcarez, treasurer; Laura Alcudia, secretary; and Martin Cabungcal, member of the board.

Garcia, brother of Governor Gwendolyn Garcia, who is now an American citizen, said that sometime in September 2005, he established an Aqua Serve refilling station in Poblacion, Carcar.

Being an operator of a water refilling station, he is affected every time there is an increase in the water rate. He said the Carcar water district is presently collecting P39 per cubic meter for commercial concessionaires, which he claimed to be the highest in the country.

Garcia said the water district was supposed to increate its rate by P16 per cubic meter last May 1.

However, it was deferred for two months because of the intervention of the municipal mayor. The two months deferment will expire this week unless the court issues a TRO.

Garcia said the increase is not only unreasonable but also done in bad faith, selfish and malicious motives.

He alleged that Aleonar is also engaged in a water refilling business. But unlike his business, which is dependent on the water supply from the water district, Aleonar's operation uses a deep well as source of water. - Fred P. Languido