Summary judgment: its implication

L

as Piñas RTC (Br. 255) Presiding Judge Raul Bautista Villanueva, in a 29-page SUMMARY JUDGMENT issuance dated 25 August 2009 but made publicly available 2 September 2009 only, LIFTED the preliminary injunction against Maynilad Water Services, Inc. and its Contractors but declares EO 688 as UNCONSTITUTIONAL, and the IRR of PD 1345 as VOID.

The Dispositive portion of the Summary Judgment reads:

“WHEREFORE, the foregoing considered, the “Joint Petition” dated 26 February 2008 of the Petitioners BF Homes, Inc. and PWCC is PARTIALLY GRANTED and judgment is hereby rendered as follows:

Declaring Executive Order No. 688 as UNCONSTITUTIONAL, and the Rules and Regulations Implementing the Provisions of Presidential No. 1345, entitled “Empowering the MWSS to Take Over the Centralized Water Supply Systems in Residential Subdivisions Within its Territorial Jurisdiction” as “VOID”;

Dismissing the said petition against the respondent HLURB and insofar as PD 1345 is concerned;

Making permanent the Writ of Preliminary Injunction issued against the respondent MWSS with respect to the implementation of EO 688 and its IRR; and,

Proclaiming Maynilad  Water Services, Inc. and its contractors as no longer covered by the Writ of Preliminary Injunction dated 10 September 2008 with respect to water pipes laying being undertaken by it since the same, though found irregular, is subject to any existing business or property right of the petitioners.

Its implication

Here are the thoughts of a BF Homeowner received by email:

1

 BF Homes and PWCC can ask for a reconsideration of the lifting of the injunction against Maynilad and its contractors, but it looks like BFHI won’t, based on the press statement of Cong. Golez. So, if BFHI makes good of its pronouncements, the whole of BF Homes Parañaque, Las Piñas, and Muntinlupa will have adequate, clean, potable and less-costly water by Christmas Day 2009 according to Maynilad President Rogelio Singson.

2

 Since EO 688 has been declared unconstitutional and the IRR of PD 1345 void, the legal   basis of MWSS /Maynilad to pass on the cost of a water distribution or reticulation system to the homeowners of private subdivisions may have disappeared. But the ruling declaring the EO unconstitutional and the IRR void is not yet final and executory. It is expected that MWSS through the Solgen and the OGCC may likely appeal this ruling directly to the SC as it involves a question of constitutionality of government issuances. Considering that it will take a long, long time before the constitutionality issue is resolved by the Supreme Court, the expedient way to have water before Christmas is for the enclaves and homeowners to just go ahead and pay for the cost of the enclave water system with the possibility of pay back at some future time, just like the 2000 others who now have Maynilad water.

3

 In the presentation of Maynilad for the extension of their concession agreement by 15 additional years, Maynilad President Singson, in a public consultation meeting held few months back, committed the inclusion of the private subdivisions in the capex funding for the construction of water systems. So the homeowners should support and endorse the approval of the term extension proposal of Maynilad so that the burden of paying for the water infrastructure will not be passed on to the homeowners. But what about those who have already paid for theirs? Will Maynilad treat it as investment to be returned at some future time? We can only hope for it for now.

4

 What if BFHI changes its mind later and restrains Maynilad again which may be brought about by non-agreement as to the serviceable facilities Maynilad is willing to accept and pay. Then we are back to square x again.

5

 What should homeowners do then?  a) ask Maynilad to fast track the completion to beat any new TRO, b) ask the mayors of the 3 cities to expeditiously, with unwavering political will, pursue the acquisition by the LGUs of the road lots, open spaces, etc. of BF Homes by public auction of these properties for non-payment of real property taxes - as the LGUs can immediately transfer title to the properties in their favor per the LGU code of 1991 and the Issuance of the Land Registration Authority.

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