THE Court of Appeals (CA) 19th Division issued a Writ of Preliminary Injunction last Mar. 19 which saved Lide Management Corp. (LMC) from the closure of its water pumping stations by the local government unit (LGU) of Ormoc. The injunction renders ineffective the Cease and Desist Order (CDO) on the operation of LMC’s pumping stations.
The LGU issued the CDO for LMC’s refusal to comply with Ordinance No. 149 imposing regulatory fees on water extraction. The CA injunction restrains the LGU from enforcing said ordinance in favor of maintaining the status quo so that whatever decision rendered by the court on the legality of Ordinance No. 149 will not be made ineffectual or moot and academic.
If not for the injunction, water supply will have been affected on areas where LMC maintains water concessionaires particularly in Merida, Isabel and Palompon towns. Associate Justice Edgardo L. delos Santos penned the decision with the concurrence of Associate Justices Nina G. Antonio-Valenzuela and Abraham B. Borreta.
(West Leyte Weekly Express issue of Apr. 16-22, 2012)
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