LEGAZPI CITY -- The City Government of Legazpi, Albay Chamber of Commerce and Industry (ACCI), Pacific Mall Corporation (PMC), Legazpi City Slumdwellers Federation Inc. (LCSFI) and the Community Organization of the Philippines Enterprise (COPE) Foundation have filed a class suit before the Regional Trial Court here asking the court to nullify the 2008 water rates increase being implemented by respondent Legazpi City Water District (LCWD) for violation of PD 198.

        The petition for the annulment of the 2008 water rates increase was signed by City Mayor Noel E. Rosal, Henry Buban Sr., ACCI president, Cecille V. Gamboa of PMC, Lorna Chavez of LCSFI, and Numeriano de la Torre Jr. of COPE Foundation.

        Docketed as Civil Case No. 10-115, the petition for the annulment of the 2006 water rates increase with prayer for the issuance of a Temporary Restraining Order (TRO) and/or Writ of Permanent Injuction was filed by the petitioners through counsel last Feb. 18 before the Clerk of Court.

        The petitioners are represented by Atty. Alfredo A. Garbin Jr., (a city councilor), Atty. Elmo R. Inzon and Atty. Cesar E. Malasarte, City Legal Officer and counsel for the City of Legazpi.

        In their complaint, the petitioners alleged that LCWD, a government-owned-and-controlled corporation, had violated the laws governing the holding of public hearings by changing the date without adequate notice to the 17,000 water subscribers. They claimed that only a few subscribers were able to attend the Dec. 21, 2007 public hearing because it was held in an inaccessible venue at the Legazpi Hope Christian School at Barangay Cabangan this city.

        According to the complaint, the original public hearing was scheduled on Dec. 16, 2007 but respondent LCWD without adequate dissemination of information decided to reset the public hearing on Dec. 21, 2007.

        At the same time, the petitioners claimed that LCWD did not comply with the law which provides that a public hearing should be conducted in three stages: pre-public hearing stage, public hearing stage and post-public hearing stage.

        The petitioners further claimed that the proposal for the water rates increase which under the rule must be submitted to the Local Water Utilities Administrtion (LWUA) for advice and consultation was submitted to the LWUA after the public hearing.

        The petitioners alleged that there was no intensive public information undertaken by respondent before the conduct of the supposed public hearing.

        But the LCWD said the water rate increase for households was only P83 for a minimum consumption of 10 cubic meters.