| SC orders DPWH to stop C-5 extension project |
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| Nation | |||
| Written by Joel San Juan / Reporter | |||
| Thursday, 02 July 2009 22:04 | |||
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THE Supreme Court (SC) has ordered the Department of Public Works and Highways (DPWH) to stop implementing the Tandang Sora portion of C-5 Road Extension Project over the properties owned by the Metropolitan Waterworks and Sewerage System (MWSS) after several sectors expressed apprehension that the project would affect the water supply of 8 million residents in Metro Manila and Rizal province. In a two-page resolution issued on Wednesday, the Court’s First Division granted the petition filed by barangay captain Beda Torrecampo seeking to enjoin the DPWH from conducting any construction in the said area. Torrecampo sought the issuance of a temporary restraining order (TRO) by the SC, but what the latter issued was a status-quo order. SC spokesman Jose Midas Marquez explained that a TRO is to restrain a certain act from being done, while a status-quo order is to maintain the present situation. The Court also directed Public Works Secretary Hermogenes Ebdane Jr. and MWSS Administrator Jose Allado to comment on Torrecampo’s petition on or before July 6, the scheduled hearing on the case. “Now, therefore, you, respondents, and all other persons acting under your authority, place or stead, effective immediately and continuing until further orders from the Court, are hereby enjoined to maintain the status quo and to refrain in the meantime from implementing the Tandang Sora Portion of C-5 Road Extension Project over the properties of MWSS within barangay Matandang Balara, Tandang Sora, Quezon Ctiy, with the Department of Public Works and Highways maintaining the possession over the aforementioned properties,” the resolution stated. In his petition for injunction filed on July 1, Torrecampo said he was aware of the project that will form part of the C-5 Road Extension Project that would connect the South Luzon Expressway to the North Expressway. However, the petitioner said he thought the project would pass through certain parcels of land within the campus of the University of the Philippines (UP) located within the barangay of UP Campus, Diliman, Quezon City, and not over the properties owned by MWSS. Torrecampo noted that in Allado’s letter to lawyer Rowena Turingan Sanchez, Director IV of the Office of the President, the MWSS administrator stressed that the subject area “should be insulated from disruptions and disturbances” since there are three main aqueducts conveying raw water from La Mesa Dam to the Balara Treatment Plants underneath the subject the property. Torrecampo also cited the letter of Manila Water president Jose Rene Almendras to Lakas Rep. Matias Defensor of Quezon City where the former stressed the importance of maintaining the integrity of the aqueducts to ensure the continuous supply of water to an estimated 8 million people in Metro Manila and Rizal province. But to his surprise, the petitioner said a number of his barangay constituents went to his house last week to report that workers and heavy equipment of the DPWH have entered a portion of their barangay, particularly the lots owned by MWSS. Torrecampo said when he went to the site, he was confronted by a certain Edilberto Tayao, DPWH-NCR director, who informed him that they have entered the premises in order to implement and commence with the construction of the Tandang Sora portion of the C-5 Road Extension Project. The petitioner maintained that it would be highly dangerous to construct a road over and above the aqueducts, as it might cause damage to said aqueducts and disrupt water supply to all Manila residents. “If respondents are allowed to continue and complete the subject project, the aforementioned aqueducts of MWSS supplying water to the 8 million residents of Metro Manila is greatly put at risk with the continuous vibration that it shall be subjected to on account of the numerous vehicles passing through the intended roads to be constructed right on top of said aqueducts,” he said. Torrecampo said the DPWH should consider as an alternative the use of certain parcels of land of UP as an access highway, as provided for under Proclamation 1375 issued by President Arroyo for the implementation of the C-5 Road Extension Project.
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