3 councilors submit motion to intervene

By LITO RULONA
Correspondent

THREE city councilors yesterday asked a regional court to allow them to be a party in the case filed by the Cagayan de Oro Water District to void its decade-old contract with Rio Verde Water Consortium Inc.

Councilors Teodulfo Lao Jr., Enrico Salcedo and Reuben Daba filed the motion for leave to intervene with a petition-in-intervention before the 38th branch of the Regional Trial Court of Misamis Oriental through their lawyer James Judith.

Judith said the motion simply means that the councilors want the court to allow them to intervene or become a recognized party in the ongoing case.

Engr. Rachel Beja, COWD general manager, earlier said she was expecting the court to decide on the case by Dec. 4.

Judith said the COWD-Rio Verde case is headed to a judicial dispute resolution and the councilors want to intervene on behalf of the city’s water consumers.

“lntervenors are Filipino citizens and residents of Cagayan de Oro. They are duly elected councilors of the 18th City Council,” reads part of the motion submitted by Judith to court on behalf of the councilors.

Judith also pointed out that Lao chairs the city council’s public utilities committee while Salcedo and Daba are members of the panel.

Judith said the councilors took the initiative following Rio Verde’s threat to cut down the water pressure if its demand for a price increase is not met by COWD.

The threat, according to Judith, “is to the grave danger and prejudice of 729,676 people with 85,524 active service connections.”

“[The] intervenors have a legal interest in the matter pending before this court because it concerns the assertion of a public right,” he said.

Rio Verde senior vice president for operation Joffrey Hapitan denied that the bulk water supplier threatened to reduce the water pressure as claimed by COWD officials.

Over Magnum Radio, Hapitan said COWD officials misinterpreted the Rio Verde letter.

Hapitan said this a day after Engr. Beja said COWD was preparing to ask a court for a temporary restraining order against moves to cut down the water pressure unless the water district agreed to increase its payment for the supply of treated water from P10.45 to P16.35 per cubic meter.

“Wala kami nagsulti nga kung dili sila mohatag sa among demand among pagngon o ieduce ang water pressure. Kana siya mga sayop nga interpretation,” Hapitan said.

A COWD official said the letter, signed by Hapitan himself, was “clear,” and it was not misinterpreted.

Hapitan said Rio Verde only pointed out to COWD provisions in their 2007 bulk water supply contract, adding that the firm was entitled to a price increase.

Hapitan said COWD could afford to pay the increase without passing on the burden to consumers.

The Commission on Audit frowned over the contract and directed the COWD to have it nullified, hence the case.

“Unsa man kanang ilang ga-ingnon nga disallowance nga nagkuha man sila og water sa Rio Verde? Ngano naa man sila permi purchase order or emergency purchase nga atong ginahatag kanila,” Hapitan asked rhetorically. “We have been giving them additional volume without any contract. If the contract is under question and you were told about a disallowance, then ngano nga dinhi gihapon kamo kanamo ga-purchase og tubig?”