Supreme Court dismisses petition against BCWD

The Supreme Court, Third Division, dismissed the petition against the Butuan City Water District (BCWD) filed by the Ratepayers/Consumers of Butuan City Water District in a Resolution dated April 22, 2015.


It can be recalled that the group filed in March this year the petition for certiorari, mandamus and damages with plea for temporary restraining order and/or writ of preliminary injunction and motion to elevate the case to Supreme Court En Banc and for speedy disposition, praying among others, to enjoin the continued implementation of the Treated Bulk Water Services Contract and exaction of a minimum charge of P208.00 per first 10 cubic meters.


The Court “noted” the letter dated April 1, 2015 of one of the petitioners, Raul N. Gogo, informing the Court that when he signed the verification of the petition, he did not read the petition and was not made to understand its true contents, and attaching a copy of his judicial affidavit attesting to the facts and circumstances about how he signed the verification.


In accordance with Rule 65 and other related provisions of the 1997 Rules of Civil Procedures, as amended, governing petitions for certiorari, prohibition and mandamus filed with the Supreme Court, only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained. In this case, the Court resolved to dismiss the petition for failure, on the part of the petitioners, to pay for docket and lawful fees, deposit for costs, deposit for sheriff’s fee, and prayer for TRO amounting to P4,730.00 in violation of the 1997 Rules of Civil Procedure.

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Last Update: August 10, 2015