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By Sunday Post

Tagbilaran City consumers lived another day after a Regional Trial Court (RTC) judge issued the order to collect increased water rates retroactive to 2006.           

In a one-page order, Judge Suceso Arcamo ordered respondent Bohol Water Utilities, Inc. (BWUI) to defer and hold in abeyance the retroactive collection of the new water rates.           

Arcamo, presiding judge of RTC Branch 47 based in Tagbilaran City , however stressed that this was without prejudice to its prospective implementation.           

The order, dated June 4, was issued in connection with the civil case filed by the Tagbilaran City government represented by Mayor Dan Lim.           

Named respondents in the case docketed as 7250 were BWUI and the National Water Resources Board.           

The city government, represented by the mayor, filed a petition for review with prayer for issuance of injunction, temporary restraining order and ex-parte temporary restraining order to oppose the implementation of new water rates retroactive to 2006.           

The court clarified that the reason why it issued its order dated March 16 lifting the injunction was because “the writ being merely a provisional remedy and adjunct to the main case is considered lifted upon its receipt of the decision from the Court of Appeals (CA)”.           

It will be noted that the CA earlier issued the order dismissing the civil case thus paving the way for BWUI to collect the water rate increase.           

In his order, Arcamo noted, however, that the court intended and expected that the implementation of the increase in the water rates shall have a prospective application “and not retroactive”.           

Otherwise, the court in its order said that for respondent BWUI to do so, it will in effect render the motion for reconsideration filed by petitioner on the merits of the main case moot and academic.           

“Thus, at this time, it is still premature for respondent BWUI to collect the new water rates retroactive to October 2006, since the decision dismissing the case is not yet final and executory,” the order noted.           

Lim hailed the order saying it gives city water consumers breathing space especially in these times of financial difficulties.           

“Although this is still a temporary relief, it is still a welcome development because it frees us from additional burdens at this time,” he added.           

The mayor noted that most consumers are reeling from the additional expenses that come during school openings so the collection of higher water rates retroactive to 2006 is more than they can take.           

Lim said he is still hopeful that the motion for reconsideration will be favorable to the city because this will be an additional burden to city consumers.           

The mayor earlier noted that he had warned about the higher water rates when the then Provincial Public Utilities Department (PPUD) was sold to a private group by then Gov. Rene Relampagos and then Vice Gov. Edgar Chatto.           

“I am not happy to be proven right but it is there for all to see,” the mayor said.           

Lim added that it will a lonely fight for him because Chatto and Relampagos, who were elected governor and first district congressman respectively, are not expected to work against the increase which is direct a result of the sale of the PPUD.

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