VM Garcia no right to question Carcar water rates - CA

CEBU, Philippines - The Court of Appeals (CA) has affirmed the decision of the lower court dismissing the civil case filed by Barili Vice-Mayor Marlon Garcia against the Carcar Water District (CWD).

Garcia, acting on behalf of water consumers of CWD, filed a petition before the Regional Trial Court to declare as null and void the water rate increases the water district implemented in 2003 and 2005.

Delos Santos ruled that because Garcia is not being water consumer of CWD, he has no right to question the rate increases or represent the consumers in doing so.

Garcia filed an injunction case before Regional Trial Court Branch 18 against CWD represented by engineer Edward Remo as general manager and its Board of Directors purposely to annul the water rate increases.

Garcia alleged CWD implemented the water rate increases without conducting public-hearing as provided for under Presidential Decree 198 or the Provincial Water Utilities Act of 1973.

In its reply, CWD argued that Garcia has no legal personality to file the case and that the court has no jurisdiction over the matter. The jurisdiction of National Water Resources Board  pursuant to PD 198.

Delos Santos salso said that Garcia cannot contest the water rate increases as it was approved in October 2000 before the latter became the water concessionaire of CWD in September 2005. The computer generated Consumer Ledge for Aqua Service Refilling Station, the water station Garcia said he operates, would also show that the business is under the account of Heinrich Alesna.

Aside from this, other water consumers also did not challenge the water rate increases even after the CWD implemented their increases within the reglementary period stipulated under PD 198. — (FREEMAN)