Businessman seeks injunction against Carcar Water District

Anticipating the expiration this week of the agreement between the Carcar government and Carcar Water District to defer the latter's water rate hike, a water-refilling station operator went to court asking to stop the water district from eventually increasing its rates by next month.

Marlon Garcia, operator of Aqua Serve refilling station in Carcar, filed at the Regional Trial Court a petition for a temporary restraining order against Carcar Water District and its officials to prevent them from enforcing the P16 hike to the water rate starting July 1.

Named respondents of Garcia's petition are water district's general manager Edward Remo, board chairman Roberto Aleonar Sr, vice chairman Marcelo Cabalquinto, treasurer Restituto Alcarez, secretary Laura Alcudia, and board member Martin Cabungcal.

Marlon, a brother of Governor Gwen Garcia and is now an American citizen, said that sometime in the first week last September he leased a commercial building in Poblacion, Carcar where he set up his water refilling station.

As an operator of a water refilling station, Marlon said he would be affected when the town's water district increased its rates.

Carcar Water District is currently collecting P39-per cubic meter of water consumed by commercial concessionaires, and Marlon said this rate has been the highest in the entire country.

Marlon said the water district was even supposed to increase more that rate by P16-per cubic meter last May 1 but the town mayor intervened and obtained an agreement from the water district to defer the increase for two months, or until June 30.

This means that by July 1, the water district might implement the increase unless the court issues an injunction and a TRO.

Marlon argued that the rate increases were not only unreasonable but also done in bad faith, with selfish and malicious motives. He said the impending increase would be illegal because it did not go through a public hearing.

He said his business has been dependent of supply from the water district unlike that of Aleonar, who he alleged has been similarly engaged in the water refilling business but one that gets supply from a deep well.

"It is obvious that this series of staggering and unconscionable rate increases are calculated or designed to kill his competitors in the business," Marlon said.

Aside from a permanent injunction, Marlon also asked the court to declare the increases that the water district had imposed from 2003 to 2005 as null and void.

He further asked the court to order the respondents to reimburse him and other consumers of all payments that were collected illegally for being above the legal rate. - Fred P. Languido