Water firm gets 20-day reprieve

CEBU, Philippines — The private company operating the water supply in Tuburan, Cebu has secured a 20-day temporary restraining order (TRO) from the court after the local government unit (LGU) has terminated the joint venture agreement (JVA) entered into by both parties.

Presiding Judge Ruben Altubar of the Regional Trial Court Branch 29 in Toledo City has issued the TRO last September 1.

“You are hereby restrained from enforcing Resolution No. 2020-137 issued by the Sangguniang Bayan of the Municipality of Tuburan, the Notice of Termination dated June 30, 2020 issued by the Mayor of the Municipality of Tuburan, Executive Order 33 Series of 2020 issued by the Mayor of the Municipality of Tuburan, all against defendant SAVS Tuburan Water Corporation and you are ordered to cease and desist from performing any act or undo acts that will interfere and/or obstruct the operation and management of the company SAVS Tuburan Water Corporation during the 20-day TRO period, counted from the date of issue of this Temporary Restraining Order,” read the order.

SAVS Tuburan Water Corporation has vehemently objected the Notice of Termination of the JVA and the intention of the LGU to take over the operation and management of SAVS Tuburan Water Corporation for being illegal and in bad faith, said its president, Arlene Villaroel.

Tuburan Mayor Danilo Diamante told The FREEMAN that they welcome the decision of the court.

“Dili ko makapiyong sa akong mga mata magtan-aw sa akong tagi-lungsod nga nag-antos adlaw ug gabii tungod sa walay agas ug pobre nga serbisyo,” Diamante said.

Diamante has filed on the LGU’s behalf a court petition for the recession of the contract between the SAVS Tuburan Water Corporation and the government last March 3.

While the case is pending in court, the town council has passed a resolution last June 29 authorizing the LGU to take over the operation and management of SAVS Tuburan Water Corporation.

On July 3, 2020, Villaroel has issued a final demand to cease and desist from performance of any act of interference and/or obstruction in the operation and management of the company to Diamante and all members of the municipal council, the municipal treasurer and 42 barangay captains.

Villaroel said, instead of heeding her demand, their office was padlocked, prompting her to file a petition last August 18 seeking for a TRO in court.

The court has set the hearing of the permanent injunction on September 10. — GAN (FREEMAN)