SAN ANTONIO, Nueva Ecija - The local government here is in hot water after having allegedly made "illegal connections" of the water service line earlier disconnected by the local water district for an allegedly unpaid P180,000 water bills.
The municipal government is reportedly consuming about 130 cubic meters a month. The "free water use" privilege which was denied by the San Antonio Water District (SAWD), plus the collection of an accumulated water bill for 2005 totaling P115,872.05, had led to the eventual "suspension," and filing of administrative cases, against its general manager, Antonio M. Ortiz.
It did not stop there, with an officer-in-charge (OIC) designated to take over the SAWD having taken action against the local government by disconnecting its "water service line" for an accumulated P180,000 unpaid water bills, the imminent suspension of OIC Marinette A. Fernandez - for alleged "manufactured and fabricated complaints - appears almost a certainty.
All the above, courtesy of San Antonio's Sanggunian, according to the petitioners who have filed a special civil action before the Gapan City Regional Trial Court for Petition for Certiorari, Prohibition and Mandamus with prayer for the issuance of a temporary restraining order (TRO) or preliminary injunction. Cited as respondents in the case are San Antonio Mayor Jose Lapuz Salonga, Councilor Arvin C. Salonga, San Antonio Water District (SAWD) Chairman of the Board Roberto R. Crisostomo, and SAWD Board Members Dondie Lamson, Alfredo B. Lopez, Adoracion M. Balbona, Allan C. Zapata Senia, Municipal Budget Officer Armando Cruz, and Chief of Police, Supt. Bayani Aquino.
Lawyer Lydia Bauto-Hipolito, counsel for petitioners SAWD GM Antonio M. Ortiz, and OIC Marinette A. Fernandez, is asking for issuance of a TRO to stop the town mayor and the town's Sanggunian from "committing acts detrimental to the rights, and interests of petitioners, herein, without let-up." Also being asked to be restrained it town's police chief, Supt. Bayani Aquino, from committing any acts that would be perceived, as a form of harassment, intimidation and threat to petitioners as well as SAWD personnel pending hearing."
Hipolito assailed the legality of the actions undertaken by the Sanggunian for want of jurisdiction, and for failure to exercise due process of law, that led to the 90-day suspension of GM Ortiz running from Aug. 9 to November, 2006, without or in excess of its jurisdiction. Court papers showed that the dispute arose from a request on Aug. 23, 2004 of the Sanggunian for "free water service" for five service connections being used by the town government under Mayor Salonga.
The Local Water Utilities Administration (LWUA) which has supervision and control over SAWD referred back the matter to the SAWD Board recommending the grant of only 10 cubic meters of free water service to the municipality adding, nonetheless, financial condition and operational policies should not be jeopardized." Ortiz on Jan. 3, 2006 advised the Sanggunian about the SAWD board resolution, at the same time that he sent the water bill of San Antonio from March to Dec. 2005 in the total amount of P115,872.05.
The Sanggunian, on Jan. 9, 2006, specifically Councilor Arvin Salonga apparently did not take kindly to the actions of Ortiz and filed an administrative case against the OIC for allegedly presenting a SAWD board resolution only signed by him (Ortiz). Ortiz had reasoned out that the subject matter had been approved in open session by the SAWD board and its formal signing would be made on Jan. 11, 2006 yet.
SAWD OIC Ms. Marinette Fernandez got the ire of the Sanggunian when on Oct. 9, she caused the disconnection of the water services of the Municipal Government. Despite notice and demand, the local government still failed to pay its P180,000 accumulated unpaid water bills from Jan. to Sept. 2006.
The town's Budget Officer Armando Cruz on Oct. 17, allegedly reconnected the town's water service line "without the knowledge and consent of SAWD, Officer-in-Charge Marinette Fernandez, the complaint stated. - MAGTANGGOL C. VILAR
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