Las Piñas judge in hot water

By: Hector Lawas of Journal Online

Officers of the 12,000-strong United BF Homeowners’ Associations Inc. (Parañaque, Las Piñas, and Muntinlupa) yesterday filed an administrative complaint before the Supreme Court against Las Piñas Regional Trial Court Judge Raul Bautista Villanueva of Branch 274 for stopping the installation of water pipes by the Manila Waterworks and Sewerage System and Maynilad Water Services Corp. inside the BF Homes community in Parañaque, Las Piñas, and Muntinlupa.  In a 15-page letter-complaint to Chief Justice Reynato Puno, the UBFHAI stressed that Judge Villanueva should be sanctioned for gross ignorance of the law, grave abuse of discretion, and utterly oppressive conduct.

”The Honorable Supreme Court has time and again cautioned judges not to indiscriminately issue injunctions when the claimed irreparable injury of a party is compensable, or when its issuance will cause injury that will far outweigh the benefit it will serve to the party supposed to be protected,” the UBFHAI said.

The group was accompanied by Parañaque Rep. Roilo Golez during the filing of the letter-complaint before the High Court.

According to the group, Villanueva issued a preliminary injunction against a government infrastructure project being undertaken by MWSS providing water service to the BF Homes community on the motion of developer BF Homes Inc. and its water service company Philippine Waterworks and Construction Corp (PWCC).

He also restrained and extended the effect of the injunction to the Maynilad Water Services Corp. and private contractors, stopping all these agencies from providing water to 12,000 households of BF Homes.

UBFHAI claimed that MWSS was ordered by President Arroyo thru Executive Order 688 issued on February 22, 2007, to provide water services to BF Homes. The EO was anchored on Presidential Decree No. 1345 empowering MWSS to take over the centralized water supply system within its jurisdiction.

“In issuing the preliminary injunction against MWSS, Maynilad Water Services, and all agents acting on their behalf, Villanueva effectively extended for an indefinite period of time the suffering of the thousand of residents of BF Homes who have been waterless for decades. He committed extreme injustice to the residents because he favored a non-existent private interest over public interest,” the group said.

For his part, Villanueva said to allow the MWSS to provide water services to the BF Homes community would be tantamount to taking of private property without just compensation.

He stressed that “taking without just compensation” should not only be construed in the physical sense but includes likewise the taking of the business from BF Homes Inc.(BFHI) and PWCC to provide water service to BF Homes community.

However, the UBFHAI disclosed that BFHI and PWCC no longer have any water service business since 2003. Because of this inability and failure of PWCC to provide water to BF Homes owners, the National Water Resources Board (NWRB) did not renew PWCC’s Certificate of Public Convenience to provide water.

Also, UBFHAI bared that the NWRB denied the PWCC’s motion for reconsideration, prompting the BFHI and PWCC to elevate the matter to the regional trial court.

UBFHAI stressed that the rationale of the prohibition against the whimsical issuances of TROs and injunctions by judges is to avoid disruption of essential government projects in areas of activity critical to the country’s economic development efforts, which, under the Constitution, must be implemented expeditiously and efficiently.

Also the prohibition was bolstered by the issuance of an Administrative Circular No. 11-200 banning the issuance of temporary restraining orders or writs of preliminary prohibitory or mandatory injunctions in cases involving government infrastructure projects.

Waterless BF Homes: No immediate relief

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Homeowners of BF Homes Parañaque Subdivision are calling the attention of the Supreme Court against a member of the judiciary for gross ignorance of the law, grave abuse of discretion and utterly oppressive conduct.

The complaint is anchored on the preliminary injunction the RTC Judge of Las Piñas issued against a government infrastructure project being undertaken by the Metropolitan Waterworks and Sewerage Corporation and Maynilad.

In issuing a preliminary injunction the Judge effectively extended for an indefinite period of time the suffering of the thousands of residents of BF Homes who have been waterless for decades. In his Order dated July 3, 2009, the Judge committed extreme injustice to the residents because it favored a non-existent private interest over public interest.

The judge ruled in favor of the private, no longer existing, interest of BF Homes, Inc. and PWCC by saying that to allow MWSS to provide water service to the BF Homes community would be tantamount to taking of private property without just compensation. MWSS was restrained in a earlier injunction from taking over the central water reticulation and distribution system of the developer, thus it failed to provide water to residents.

The court said that “taking without compensation” should not only be construed in the physical sense but includes likewise the taking of the business from BF Homes, Inc. and PWCC to provide water service to the BF Homes community.

Good grief! BF Homes Inc. and PWCC no longer have any water service business to speak of. The National Water Resources Board refused to renew in 2003 PWCC’s Certificate of Public Convenience for its failure to provide water to the homeowners.

Incredibly, “the Court considers as of no moment the supposed denial by the National Water Resources Board the application of the petitioner BF Homes for a certificate of public convenience to operate and maintain a waterworks system within BF Homes Subdivision, Barangay BF, Parañaque City. After all, what is vital to therein case is the constitutionality or not of PD No. 1345 and EO No. 688, nothing more, nothing less.”

The Honorable Judge conveniently considered as “of no moment” a very vital piece of information and evidence which clearly showed that BF Homes and PWCC do not have an existing right that stands to be irreparably injured unless a preliminary injunction is issued. The fact that BF Homes and PWCC no longer have a franchise to provide water service to the residents of BF Homes shows only too clearly that they are not entitled to the cloak of protection offered by the writ.

The Supreme Court has time and again cautioned judges not to indiscriminately issue injunctions when the claimed possible irreparable injury of a party is compensable, or when its issuance will cause injury that will far outweigh the benefit it will serve the party supposed to be protected:

No Court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunctions or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity whether public or private acting under the government direction, to restrain, prohibit … the undertaking or authorization of any other lawful activity necessary for such contract/project.(Section 3(e) of Republic Act No. 8975).

The rationale behind the aforesaid prohibition is to avoid disruption of essential government projects in areas of activity critical to the country’s economic developments efforts, which, under the Constitution, must be implemented expeditiously and efficiently.

This prohibition is bolstered by the issuance of Administrative Circular No. 11-2000 which bans the issuance of temporary restraining orders or writs of preliminary prohibitory or mandatory injunctions in cases involving government infrastructure projects. Section 4 thereof provides that “Any temporary restraining order, preliminary injunction or preliminary mandatory injunction issued in violation of Section 3 hereof is void and of no force and effect.”

Despite the widely touted “inexhaustible water table” as widely marketed and advertised when it opened in 1969, the subdivision, now home to 12,000 households, is waterless for decades. Its developer, BF Homes, Inc. has failed miserably in complying with its representation to ensure that basic utilities such as adequate water supply to the homeowners and residents. The action of the Honorable Judge is therefore tantamount to tolerating and rewarding the utter misrepresentation and dereliction of duty committed by BF Homes, Inc. while penalizing the residents and homeowners of BF Homes in continuously depriving them of much needed potable water.

BF homeowners arise! Aside from the pipe laying and interconnection costs of P38,200 each, you have nothing more to lose but your chains. Grrrr!