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COWD says it will follow court order

Thursday, 23 February 2012 00:00

THE new rates of the Cagayan de Oro Water District (COWD) would continue to be in effect unless a court orders otherwise, a spokesperson of the facility said yesterday. COWD spokesperson Ladele Sagrado said this a day after councilors took turns in criticizing the water district and threatening to sue its officials. Sagrado said the COWD would continue charging consumers the new rates unless a court issues a writ of preliminary injunction. Last year, city hall went to court and sought a writ of preliminary injunction. Such a writ, if granted, would make the COWD revert to the old rates or from the present minimum monthly water rate of P210 to P168.

"So far, there is no order from the court," Sagrado told The Gold Star Daily. Sagrado assured that the COWD would respect and follow orders coming from a court. She said the COWD was aware that city hall has posted the bond required for the issuance of a writ of preliminary injunction.

Councilors on Tuesday threatened to ask the court to hold COWD officials in contempt and charge them with "large-scale estafa" effecting a 30-percent increase in water rates despite the pending case. One of the councilors, Adrian Barba, complained that his monthly water bill skyrocketed even when there was, supposedly, no COWD reading for the month of December because of the Typhoon Sendong disaster. Sagrado explained that the problem was due to COWD's computer program that automatically converted the unread December bills as arrears.

She said the COWD already set up a mechanism in place that would address the problem. Sagrado said those with complaints may see COWD's customer care office and show their bills so that adjustments could be made. She said the monthly water bills of those directly affected by Typhoon Sendong were slashed by 50 percent. Even penalties for the month of December were waived, Sagrado said. Sagrado said the COWD foresaw the need for adjustments in the water bills in the aftermath of the Typhoon Sendong disaster.

By JIGGER JERUSALEM Correspondent

Oca assumes as new head of peace, order body

Thursday, 23 February 2012 00:00

MISAMIS Oriental Gov. Oscar Moreno has taken over as the new the chairperson of the Regional Peace and Order Council (RPOC). He was appointed by President Aquino. During the first meeting of RPOC with Moreno as the new chairman last Monday, the governor egged on the members of the council to rise from the aftermath of tropical storm Sendong "in a swift and steady manner."

Moreno said that one way of doing that would be to have a commendable peace and order situation in Northern Mindanao to attract more investors.

He went on to say that members of RPOC must take the challenge of orchestrating the region's peace and order plan. "The Typhoon Sendong mishap will still take its toll on the whole region. While we occupy the position of leadership in Mindanao, it may slip away," he said. For the past three years, Northern Mindanao has consistently been the fastest growing region in the country. Then tropical storm Sendong struck in December 2011. But leaders of the Cagayan de Oro Chamber of Commerce and Industry president Ma. Teresa Alegrio and Promote CDO Foundation chairperson Ruben Vegafria said they were confident that with Northern Mindanao's stable economy before the storm struck, it could easily bounce back within the year. MARK FRANCISCO

Emano lawyer says 3 departments need to answer for Sendong

Thursday, 23 February 2012 00:00

MAYOR Vicente Emano's lawyer said at least three national government agencies should be held responsible, too, for the Typhoon Sendong disaster in the city last December. In answering the administrative complaint filed against Emano before the Office of the President, lawyer Francis Ku said protecting city residents from floods is not the sole responsibility of city hall. Ku said it is a "shared responsibility" of the Department of Public Works and Highways (DPWH), Depar tment of Transportation and Communications (DOTC), Environmental Management Bureau (EMB). Ku said the law states that flood protection falls under the duties of the DPWH and the DOTC. He said a provision in the Water Code empowers the two national government departments to declare areas for flood-control.

He said the departments were also tasked to make guidelines for flood plain management plans in these areas. Ku also said PD 1586 mandates the EMB to develop protection measures in flood prone areas and environmentally critical areas. The EMB is under the environment department. He said RA 9729 provides the roles of various government agencies in disaster-risk reduction. Ku claimed that the national government agencies failed to undertake flood-management projects in the river islets and the dangerous places.

He said a 2006 city ordinance asked the Department of Environment and Natural Resources (DENR) to declare the river islets as city property so the local government could develop them. Ku said it took the DENR three years to decide on the city government's request. So until 2009, Ku argued, the city government did not have any oversight to the residential settlements at Isla de Oro and the other strips because they were still national governmentowned properties. City hall, according to Ku, has done its part by starting the construction of the "Golden Mile" project that included river protection work near city hall. The "Golden Mile" was an initiative of Emano's predecessor, the then Mayor Constantino Jaraula. In an earlier interview, Jaraula said the project was stopped for reasons unknown to him.

Ku said, "During the floods, these river protection works did not fully protect the riverbank communities and parts of city hall because the fury and volume of the waters far surpassed the height and strength of the dikes." In another development, critics of the Emano administration recently released the fourth edition of the podcast "Radyo CDO." In the latest podcast, councilors and a broadcaster perceived to be Emano's allies were lampooned. One councilor was called "President Elise" and another was referred to as "Konting Pabor." A broadcaster was called "Manny Impostero," apparently in reference to Manny Agustero of Magnum Radio.

In the Radyo CDO, "Manny Impostero" is heard discussing news headlines of the day with the Agustero's signature "patay" remark at the end (e.g. "Tulo ka tawo... patay!"). There were references to the now unusual color of the Macanhan flyover, "Nightmare Café" in "Dysmenorrhea." The podcaster, through a comedic dialogue, criticized the reemergence of the Night Café and suggested that it would be a haven for pickpockets who easily blend in the crowd. The Radyo CDO page has been widely distributed on Facebook. In his answer to an administrative complaint against his client, Ku said Emano's critics were limiting their audience on the Internet that could not be reached by the "poor and the marginalized."

Councilors slam COWD rate hike

Wednesday, 22 February 2012 00:00

COUNCILORS yesterday lashed out at the Cagayan de Oro Water District (COWD) even as they threatened to sue it for allegedly increasing water rates in the city despite a pending court case. Councilor Alvin Calingin said it was time for local officials "to teach these people [in the COWD] a lesson not to play around with this government and its laws." Calingin said COWD could be liable for "grand estafa" if proven that it has collected huge amounts from the city's water consumers. "This is like estafa. At the proper time, I will file a resolution instructing our legal office to file an estafa case against COWD," said Calingin. He warned that COWD officials could be charged with large-scale estafa, a nonbailable offense, if the facility is found to have collected at least P50 million.

In a special report, Councilor Alden Bacal said he received numerous complaints about what he called as "exorbitant rates" imposed by the COWD. Bacal said it was ironic that consumers were charged more given the water crisis that hit the city last December. He said there was no tap water in many areas of the city for at least 20 days after the December floods. Bacal said the city council had tasked the City Legal Office to sue COWD in an effort to stop it from effecting the rate increases. The rate increases, Bacal said, were effected despite a certiorari order from the 38th branch of the Regional Trial Court. He showed the city council three water bills which suggested that the facility started charging the new minimum rate of P218.40 for households. The minimum rate before, he said, was P168 for every 10 cubic meters. "They really implemented the increase as shown in the billings. They should not implement an increase while this is under litigation," he said.

On Sept. 1, 2011, COWD implemented 25 percent of its proposed 30-percent increase while the remaining five percent of the rate hike took effect last December, the month the city plunged into a water crisis as a result of the Typhoon Sendong devastation.

He said the regional court issued a temporary restraining order against the COWD rate increases and subsequently, city hall posted a bond and sought a preliminary injunction. "We're waiting for the writ of injunction," Bacal said. "The court has already warned the COWD management that they cannot impose an increase while the case is still pending in court. But despite the warning, they implemented the increase for reasons that they have already programmed their computer system. Ayha na kuno i-deduct kung magbayad ang consumer," he said. Councilor Edgar Cabanlas said a "temporary restraining order is effective for only 20 days" and after that, "it automatically dissolves."

"But when the city government posted a bond for an injunction- this is enforced in the duration of the case or until the COWD rate hike is still under litigation," Cabanlas said. Councilor Adrian Barba said his water bills showed that, indeed, the COWD increased its rates. "There was no reading for the month of December and yet I was surprised to see that my water bill rose to more than a thousand pesos. In the last five years, our household only had an average monthly billing of P600 to 800," said Barba.

Councilor Ramon Tabor said the receipts and the testimony of Barba were "clear evidence" that COWD had indeed effected the 30- percent rate increase despite city hall's opposition and the lawsuit. Tabor said the COWD management can be held in contempt of court. "We will establish if they there was a willfull implementation of the increase. I, for one, condemn the increase. I would suggest that the committee on public utilities conduct a hearing," Tabor said.

By CONG CORRALES and LITO RULONA, Correspondents