CAGAYAN de Oro City Council took decisive action on Thursday to address the ongoing water dispute involving the Cagayan de Oro Water District (COWD) and several other entities.
During today's session, the council voted 14 in favor and four against to pass Proposed Ordinance No. 2024-466.
This ordinance authorizes Mayor Rolando "Klarex" Uy’s office, through the City Legal Office, to file a petition for intervention in two civil cases currently under litigation.
The disputes center around the supply and distribution of water in Cagayan de Oro City.
The COWD, represented by its General Manager Antonio B. Young, has filed a case against Metro Pacific Water Investments Corporation (Metro Pac) and Cagayan de Oro Bulk Water Inc. (COBI).
In this case, COWD is seeking an injunction with an urgent application for a Temporary Restraining Order (TRO) to prevent the disconnection of water supply.
In a similar case, petitioners Ronnie Waniwan and former councilor Eric Salcedo have filed another case against COBI, COWD, and Rio Verde Water Consortium, Inc. (Rio Verde).
They are also seeking an injunction and a TRO to stop the water disconnection, citing a notice of water disconnection they received from COWD dated May 9, 2024.
The Regional Trial Court of Misamis Oriental, Branch 17, is handling these cases. Acting Executive Judge Ana Candida N. Casiño has reviewed the petitions and the supporting documents.
In her joint order dated May 14, 2024, Judge Casiño consolidated the cases due to their similar nature and prayer for relief.
Judge Casiño granted the petitioners' applications for a TRO based on several critical points. First, she acknowledged the clear and unmistakable right of COWD as the primary water provider in the city.
She emphasized that the water supply affects not just individual petitioners but the entire population of Cagayan de Oro, a densely populated urban area.
The judge noted a material and substantial invasion of rights should the respondents proceed with the disconnection.
The potential damage from a lack of water supply could disrupt various sectors, including industries, businesses, government offices, and private entities.
The risk to public health and safety was also a significant concern.
Given the urgency of the situation, Judge Casiño highlighted the need to prevent irreparable injury. The text message from COBI notifying COWD of the imminent water disconnection underscored the immediate threat.
Without the injunctive relief, the applicants and the city's residents could suffer grave injustice and irreparable harm.
As a result, the court issued a Temporary Restraining Order on Tuesday, effective for 72 hours.
This order prevents Metro Pac, COBI, Rio Verde, and their agents from disconnecting the water supply to COWD.
The court has ordered an immediate raffle of the cases with notice to the respondents, ensuring compliance with judicial procedures.
The City Council’s decision to intervene reflects the local government's commitment to safeguarding the water supply for its constituents.
By authorizing the mayor's office to take legal action, the council aims to ensure that the residents of Cagayan de Oro City continue to have access to this essential resource.
As the situation develops, residents and stakeholders in Cagayan de Oro City are closely monitoring the court’s decisions.
The temporary restraining order provides a brief respite, but the long-term resolution of the water dispute remains a pressing issue for the city. (With CIO)
