Friday, July 3, 2009 | MANILA, PHILIPPINES [ BusinessWorld Online ]
THE SUPREME Court has temporarily halted a major Metro Manila road project that would allegedly damage an aqueduct system along its path.
Ordered stopped was the construction of a portion of the Circumferential Road-5 (C-5) extension project on Metropolitan Waterworks and Sewerage System (MWSS) properties in Barangay Matandang Balara, Tandang Sora, Quezon City.
Underneath the properties is a three-decade-old aqueduct system that supplies Metro Manila and nearby Rizal province, claimed Matandang Balara village chief Beda Torrecampo in the petition.
The high court, in a minute resolution released yesterday, also set for July 6 a hearing on the matter.
In a taxpayer’s complaint, Ms. Torrecampo sought court intervention following news that officials of the Department of Public Works and Highways (DPWH) forcibly entered their area to jump-start the construction.
DPWH and MWSS officials were unavailable for comment.
While the road extension project is a vital infrastructure, "what is not visible, and definitely of primordial consideration, are the aqueducts of the MWSS underneath these properties installed way back in the 1930s which up to now provide clean and potable water supply to the eight million residents of Metro Manila...," the petition read.
The project would link the South Luzon Expressway to the North Luzon Expressway, with some portions already completed.
Fast-tracked implementation of infrastructure projects is ensured under Republic Act 8975, which at the same time provides that the Supreme Court can stop a project when it oversteps constitutional rights, the petition noted.
"The right of the eight million residents of Metro Manila to clean and potable water is an obligation of the state to protect as provided by the Constitution," it added.
Alternatives
The petition cited alternatives drawn up by the government, including traversing parcels of land within the University of the Philippines property, particularly Pook Ricarte, Pook Palaris and Pook Dagohoy, in Diliman, Quezon City. The route was identified under Proclamation 1395 issued by President Gloria Macapagal-Arroyo on Sept. 25, 2007.
The other proposal identified the Balara route, which the MWSS rejected, the petition read.
MWSS Administrator Diosdado Jose M. Allado was quoted in a letter as saying that "the area should be insulated from disruptions and disturbances such as increased traffic, as the subject areas were not technically designed to withstand such dynamic activities."
Manila Water Co., Inc., east zone concessionaire, echoed the position. "Our company considers the integrity of the subject aqueducts/main water pipes as critical to the continuous supply of water...," Manila Water President Jose Rene D. Almendras told Quezon City Rep. Matias V. Defensor, Jr. (2nd district) in a letter dated May 4. — I. P. Pedrasa
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