It’s a go for Baciwa-Primewater deal

By Dolly Yasa

 

Bacolod City – The Regional Trial Court here lifted the Temporary Restraining Order (TRO) and at the same time denied the writ of preliminary injunction against the joint venture agreement (JVA) between Bacolod City Water District (Baciwa) and Primewater Infrastructure.

In a decision made available to the media on Friday, RTC Judge Phoebe Gargantiel-Balbin said the petitioners did not specifically state what specific rights will be affected or prejudiced by the joint venture agreement.

The case was filed by Amlig-Tubig, an alliance of concerned water consumers.

They simply alleged in general terms that their contractual rights as consumers would be affected, the decision read.

“They failed to state a cause of action for declaration of nullity of the JVA,” Judge Balbin said. She added that “since the principal actions for declaratory relief and annulment of the JVA could stand the test of a valid cause of action, necessarily, the ancillary prayer for injunctive relief will have no leg to stand on.”

“Moreover, even if the main action would be given due course, still the court cannot issue injunctive relief prayed for, for being contrary to the provisions of Republic Act No. 8975,” the judge said.

RA 8975 prohibits lower courts like RTCs from issuing TROs and injunctions against government infrastructure projects.

The decision also stated that “pursuant to Section 3 of RA 8975 quoted early on, this court has no authority to issue the injunctive relief prayed for.”

“In light of the foregoing, this instant petition for the declaratory relief and declaration of the nullity of the joint venture agreement is hereby dismissed for failure to state cause of action.”

The ancillary prayer for issuance of writ of preliminary injunction is denied for lack of jurisdiction, the decision added.

The temporary restraining order issued on October 27, 2020 was also lifted while the hearing on the application for preliminary injunction set on Nov 13, 2020 was cancelled.

In a press conference Friday called by Baciwa officials and Primewater lawyers, Baciwa chairman of the board Atty. Lorendo Dilag said they feel vindicated by the decision.

The 25-year joint venture was aimed to improve Baciwa’s facilities and services with Primewater investing P6.8 billion.