Courts junk PrimeWater’s TRO bids

MANILA, Philippines — Regional trial courts (RTC) in Bulacan and Las Piñas junked the consecutive temporary restraining orders (TROs) and preliminary injunctions filed by PrimeWater Infrastructure Corp., clearing the way for the local governments to assume control of its water operations.
The Bulacan RTC on May 26 ruled that PrimeWater failed to prove the element of urgency and its right to be protected against the San Jose del Monte city government’s efforts to address its water supply issues.
A similar relief was filed before the Las Piñas City RTC on June 2, with the court citing that PrimeWater was unable to prove all requisites for the issuance of a TRO.
San Jose del Monte Mayor Florida Robes said the court’s ruling affirmed the city government’s authority to protect the general welfare of its constituents.
“We welcome this ruling because it allows us to focus on what matters: improving water service, correcting long-standing problems in the system, and responding to the needs of San Joseños,” Robes said in a statement.
The RTC upheld the local government’s takeover of the water district, citing a local ordinance that authorizes the San Jose del Monte city government to assume interim management of water operations during emergencies in service deliveries.
The tribunal stated that damages caused by continuous water shortages was more supreme that the contractual obligation under the joint venture agreement.
Citing PrimeWater’s testimony before the court, it said that about only 10,000 to 12,000 were affected by water shortages out of its estimated 130,000 clients.
However, the local government argued that more than 47,611 households representing 25 percent of the city’s total population had experienced poor water distribution.
The court said that the company failed to show any grave irreparable injury on its duty to provide reliable water service in the City of San Jose Del Monte.
The local government of San Jose Del Monte earlier said that it would take control of water operations previously managed by PrimeWater.
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