Opposition - Fb

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organization duly organized and existing under Philippine laws and with principal place of business at 640 Morales Avenue, Brgy. Gen. Paulino Santos, Koronadal City and with members in the Municipality of Majayjay, Laguna, hereto represented by its Secretary General, Atty. Paterno L. Esmaquel, also of legal age and with office address at Unit 1706 17th Floor, Prestige Tower, F. Ortigas Jr. Rd., Ortigas Center, Pasig City. The oppositor Froilan T. Gruezo is a concerned citizen and resident of Majayjay, Laguna (Majayjay for short), while PPP has members in Majayjay who will be directly affected and prejudiced by the instant application for water permits subject matter of this opposition. It is part of the advocacies of PPP to promote good governance, transparency and accountability in our Government as well as in our public officers/employees. The PPP is duly represented hereto by its Secretary General, Atty. Paterno L. Esmaquel, who is likewise from Majayjay, Laguna. A copy each of the original and amended Articles of Incorporation of PPP and the necessary Secretarys Certificate are hereto attached as Annexes A, B and C, respectively.

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II SUMMARY STATEMENT MATTERS INVOLVED OF THE

Majayjay is situated at the foot of the mystical Mt. Banahaw. It is blessed with abundant sources of fresh potable water coming from various springs flowing to various rivers which naturally flow and drain to Laguna Lake. The subject applications for water permits shall and will affect the ecological balance of Laguna Lake as waters coming from the various springs and rivers of Majayjay will be diverted for Municipal and Commercial uses without comprehensive ecological study on its long term impact and effects to Laguna de Bay. Majayjay has an existing water system which is now almost 100 years old. As provided in the 1933 case decided by the Supreme Court entitled The Municipality of Majayjay, plaintiff-appellee vs. Tomas Dizon, et.al., defendants-appellants, GR No. L-3538, February 9, 1933, the water system of Majayjay was constructed in or before August 1920. The Majayjay Waterworks System (MWS for short) was named Guevarra Waterworks System in honor of the late stateman Hon. Pedro Guevarra, the then Senator for the Fourth Senatorial District and the author of Act No. 2773, the law which

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authorized the issuance of the bonds that were used for the construction of MWS. From 1920s up to the present time, the main source of water of MWS for distribution to the inhabitants/people of Majayjay is the Sinabak Spring located at Brgy. Malinao, Majayjay, Laguna. In other words, for almost 100 years now, Majayjay has been extracting and drawing water from Sinabak Spring which is being distributed to its inhabitants/people thru the MWS. Through the years and due to old age, the MWS was already repaired and rehabilitated for several times and the water coming from Sinabak Spring was and is being augmented by water coming from other water sources of Majayjay. But up to this time, Majayjay still principally relies upon MWS for the distribution of potable water to its inhabitants/ people. For the households covered by the MWS, the present water rate in Majayjay is P33.00 per house with supply of water for three (3) hours a day, more or less, at the estimated volume of 1,000 liters or one (1) cubic meter per day or thirty (30) cubic meters per month. Stated differently, for a price of P33.00 per house, the

inhabitants/people of Majayjay covered by MWS are receiving/

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drawing water from MWS at the rate of more than 10 cubic meters and up to 30 cubic meters of water per month, more or less. It was under the foregoing background that Majayjay entered into and executed with the applicant the Contract for the Supply of Bulk Water dated August 1, 2011 which provides for a mind boggling term of 100 years, inclusive of the 50 years automatic extension, at the revenue sharing of 90% in favor the applicant and 10% in favor of Majayjay. Under the said Contract for the Supply of Bulk Water, the applicant was granted the right of first refusal to extract water from all water sources of Majayjay for the said period of 100 years and the right to sell bulk water to Majayjay and its neighboring towns. A copy of the said Contract for the Supply of Bulk Water is hereto attached as Annex D. Subsequently, Majayjay entered into a separate Water Supply Contracts, both dated December 30, 2011, with the Municipalities of Lumban, Laguna and Sta. Cruz, Laguna. Copies of the said two (2) Water Supply Contracts are hereto attached as Annexes E and F, respectively. It is interesting to take note that Majayjay was the one made to appear as the Water Supplier of bulk water to Lumban and Sta. Cruz under the said Water Supply Contract (Annexes E and F hereof)

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although the applicant was the one granted the right to supply bulk water to Majayjay and its neighboring towns under the Contract for the Supply of Bulk Water dated August 1, 2011 (Annex D hereof). On account of which, Majayjay will bear all the responsibilities and obligations for the supply of bulk water to Lumban and Sta. Cruz, including the posting of the required performance security, but the sharing arrangement of the proceeds of the sale of bulk water will remain the same at 90% in favor of the applicant and 10% in favor of Majayjay. Owing to the above-described three (3) water contracts which are manifestly and grossly disadvantageous against Majayjay, the oppositors filed a criminal complaint in the Ombudsman for three (3) counts of violation of Sec. 3 (g) of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt-Practices, against Mayor Teofilo Guera, Vice Mayor Ana Linda C. Rosas and the seven (7) members of the Sangguniang Bayan of Majayjay and the President (Arcadio Gapangada) of the applicant, together with the corresponding administrative complaint against the respondent public officials, which criminal complaint and administrative complaint are docketed in the Ombudsman as OMB-L-C-12-0300-G and OMB-L-A-

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12-0332-G, respectively. A copy of the body of the said complaint is hereto attached as Annex G. The subject applications for water permits were obviously filed by the applicant to pursue and consummate the sale of bulk water contemplated under the above-described three (3) water contracts. In other words, it was under this circumstance that the applicant filed the subject applications for water permits without any comprehensive ecological study on the long term effects of the extraction of high volume of waters from the water resources of Majayjay to the ecological balance of Laguna Lake and the lives of the people of Majayjay. III GROUNDS RELIED UPON TO THE OPPOSITION TO THE INSTANT THREE (3) APPLICATIONS FOR ISSUANCE OF WATER PERMITS. The oppositors hereby oppose and object to the subject applications for water permits on the grounds that: A. THE SUBJECT APPLICATIONS FOR WATER

PERMITS SHALL AND WILL ADVERSELY AFFECT THE ECOLOGICAL BALANCE OF LAGUNA LAKE.

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B. THE

SUBJECT

APPLICATIONS

FOR

WATER

PERMITS SHALL AND WILL ADVERSELY AFFECT THE AGRICULTURAL LANDS OF MAJAYJAY. C. THE APPLICANT DOES NOT HAVE TITLE OR OWNERSHIP OVER THE PARCEL OF LAND WHERE THE SPRING SOURCE IS LOCATED. THERE IS NO PROOF OF LAND OWNERSHIP OF, LEGAL TITLE TO OR RIGHT OR INTEREST USE, THE PROPERTY ON WHICH THE WATER SOURCE IS SITUATED. D. THE APPLICANT DOES NOT HAVE ANY RIGHT AT ALL TO APPLY FOR THE WATER PERMITS. E. THE APPLICANT DOES NOT HAVE AUTHORITY TO APPLY FOR WATER PERMIT AS THE RIGHT TO APPLY FOR WATER PERMITS PERTAINS TO THE MUNICIPALITY OF MAJAYJAY IN THAT THE SUBJECT WATER PERMIT APPLICATIONS ARE CONTRARY TO THE TERM OF THE CONTRACT FOR THE SUPPLY OF BULK WATER DATED AUGUST 1, 2011 BY AND BETWEEN IBDC AND THE MUNICIPALITY OF MAJAYJAY (MAJAYJAY FOR SHORT).

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THE PRIMARY PURPOSE OF THE WATER PERMITS APPLICATION IS FOR OTHER PURPOSES OR COMMERCIAL PURPOSES, AND NOT SOLELY FOR DOMESTIC AND/OR MUNICIPAL PURPOSES.

G. THE APPLICATION FOR WATER PERMIT IS NOT MAINLY FOR THE REHABILITATION OF

MAJAYJAY WATERWORKS SYSTEM BUT FOR COMMERCIAL PURPOSES OR FOR THE SALE OF BULK WATER TO NEIGHBORING TOWNS. H. THE CERTIFICATION DATED FEBRUARY 9, 2009 OF MAYOR TEOFILO GUERA OF MAJAYJAY IS FALSE BECAUSE THE PURPOSE OF THE SUBJECT WATER PERMITS APPLICATIONS IS NOT MAINLY FOR REHABILITATION BUT FOR COMMERCIAL PURPOSES OR FOR THE SALE OF THE BULK WATER TO NEIGHBORING TOWNS. I. THE SUBJECT WATER PERMITS APPLICATIONS ARE CONTRARY TO THE DESCENDING PURPOSES AND USES OF WATER AS PROVIDED UNDER THE IMPLEMENTING RULES AND REGULATIONS

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IMPLEMENTING LLDA B.R. NO. 2007-338 (IRRLLDA FOR SHORT). J. SINABAK SPRING, PATAK-PATAK SPRING AND MANGULILA SPRING ARE EXISTING

GROUNDWATER SOURCES AND THERE IS NO WATER PERMIT FROM NWRB ATTACHED TO THE SUBJECT APPLICATIONS FOR WATER PERMITS AS REQUIRED UNDER THE IRR-LLDA. K. THERE IS NO PROPER NOTICE TO THE

BARANGAY CHAIRMAN WHERE PATAK-PATAK SPRING IS LOCATED AS THE LATTER IS NOT SITUATED IN BRGY. AMONOY BUT IN BRGY. BALAYONG, MAJAYJAY, LAGUNA.L.

THE

SUBJECT

APPLICATIONS

FOR

WATER

PERMITS WILL CAUSE ADVERSE EFFECT TO PUBLIC AND/OR PRIVATE INTEREST. M. THE SUBJECT APPLICATIONS FOR WATER

PERMITS WILL AFFECT THE PRESENT BRGY. WATER SYSTEM.

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N. THERE

IS

NO

PROOF

THAT

THE

SAMPLE

SUBMITTED IS THE SAME SAMPLE THAT WAS SUBJECTED TO LABORATORY EXAMINATION.O.

IT DOES NOT APPEAR FROM THE RECORDS OF THE SUBJECT THAT APPLICATIONS NOTICES OF FOR WATER

PERMITS

APPLICATIONS

WERE POSTED TO THE FOLLOWING OFFICES FOR POSTING IN CONSPICUOUS PLACES WITHIN

THIRTY (30) DAYS FROM THE DATE OF THE APPLICATION AS