THE Regional Trial Court of Misamis Oriental, Branch 17, has extended a temporary restraining order (TRO) to guarantee the continuous water supply for the residents of Cagayan de Oro City.
In a six-page joint order, Judge Ana Candida signed the ruling that stems from a legal conflict among the Cagayan de Oro City Water District (COWD), Metropac Water Investments Corporation (MWIC), and Cagayan de Oro Bulk Water, Inc. (COBI).
On May 14, 2024, the court initially granted a 72-hour TRO in response to urgent applications from COWD and private citizens Ronnie M. Waniwan and Enrico D. Salcedo.
The petitioners sought to prevent MWIC and COBI from interrupting the city's water supply, highlighting the critical necessity of water access for the city's inhabitants.
During the hearing, the petitioners contended that cutting off the water supply would induce significant public distress and infringe upon residents' fundamental right to water.
They referenced an Arbitration Agreement clause requiring parties to continue fulfilling their obligations during disputes, arguing that stopping the water supply violates this clause.
Waniwan and Salcedo, representing COWD consumers, asserted that the water supply should not be exploited as leverage in the corporate conflict between COWD, COBI, and Rio Verde Water Consortium, Inc. (RIO VERDE).
They emphasized the universal recognition of water as a human right and requested an extension of the TRO to defend the city's residents.
COBI, through its legal counsel, opposed the TRO extension.
They argued that the dispute should be settled via arbitration, as outlined in their Bulk Water Supply Agreement (BWA) with COWD.
COBI also claimed that COWD lacks the standing to represent the residents' rights and has defaulted on financial obligations amounting to over P437 million.
Rio Verde confirmed that the water supply was cut off on May 14, 2024, due to COWD's unpaid account, following COBI's directive. The supply was restored upon issuance of the TRO and remained stable as of May 17, 2024.
After evaluating the arguments and documentation, the court deemed it necessary to extend the TRO for an additional 17 days, until June 3, 2024.
The court stressed the importance of prioritizing the residents' right to water over corporate contractual disputes.
The court ordered COWD to post a bond of P10 million to cover potential damages to the respondents.
A hearing for the Writ of Preliminary Injunction is scheduled for May 28, 2024, at 2 PM, where the respondents must present their case against the injunction.
This decision highlights the court's commitment to protecting public access to essential services amid corporate conflicts.
The extension aims to prevent serious and irreparable harm to the city's residents, ensuring their right to water remains safeguarded.
