THE RIGORS OF LITIGATION

By Yusop B. Masdal with Benjamin A. Buenaflor, Verly T. Adanza & Arlene R. Cervas

In the midst of ever-increasing incidence of illegal water service connections, the Legal Department (LD) has
recently up its ante in combatting this nagging problem with a renewed and re-invigorated focus on criminal
litigation for violation of RA 8041 or the “National Water Crisis Act of 1995” as well as civil collections of
penalties thru the Procedure on Small Claims Rule (SC En Banc Resolution dated 27 October 2009, AM No. 08-8-
7-S).

Unabated instances of water pilferage directly affect the economic and financial viability of the Zamboanga
City Water District (ZCWD) as it contributes to Non-Revenue Water (NRW). Treated water released from our
Water Treatment Plant (WTP) and various Production Wells goes unbilled and wasted through undetected
leaks in the web of mainlines throughout the city streets and main roads worsen by nefarious commissions of
illegal water connections. Simply stated, NRW is equal to the SYSTEM INPUT VOLUME minus the BILLED
AUTHORIZED CONSUMPTION.

Unauthorized re-openings of water service connections, pipes and mainlines as well as other forms of
illegalities such as tampering of water meters and direct use of booster pumps pose great harm and hazards to
the general public in terms of possible escalation of water-borne infectious diseases such as diarrhoea in
children and diphtheria in adults, as bacteria could be involuntary introduced to the water systems.

Further, permeation of water pilferages in the community had often resulted to decreased water pressure in
the affected areas. Often nowadays, we can hear complaints from the consuming public that there is no water
flowing from their faucets. This is very discouraging amidst the fact that the ZCWD has been strategizing in the
reduction of its NRW and improvement of its water supply thru various projects implemented by this Office.

So in the emergence of these increasingly daunting challenges, Atty. Lovell C. Abad, the Department Manager
A of the Legal - in his several meetings with LD personnel - had strategized to hurdle these daunting challenges
with a multi-pronged approach that will focus on increased criminal litigation and civil cases, brisker collection
of Assessed Penalties and an energized effort to reach out to the public thru public information campaigns
throughout the barangays, as well as schools in the city.

STRATEGIES TO REDUCE ILLEGAL WATER CONNECTIONS

Since July of 2009, when ZCWD had formed the Illegal Connection and Investigation Unit (ICIU) under the Legal
Department, our Office had effectively documented and apprehended illegal water connections in the City.

Out of humanitarian consideration, many customers apprehended for illegal water connections have
requested to settle their penalties thru compromise agreements in view of the Board of Directors’ (BOD)
decision to give some respite and amnesty to these violating customers wherein they are now allowed to settle
their penalties on staggered basis through the execution of promissory notes, without any interest.

CRIMINAL ACTIONS AGAINST ERRING CUSTOMERS

With the steering authority of the ZCWD Board of Directors, the Legal Department, through its Investigation &
Litigation Division (ILD) and the Legal Services Division (LSD), has a number of cases line-up and endorsed for
criminal actions to curtail the spectre of illegal water connections.

Recidivist customers or customers who repeat their violations despite adequate forewarnings become high in
the priority for filing of criminal cases. Bypass connections and tampered water meter cases are violations that
show great depravity of the violator to defraud and steal water that violators of these forms of illegalities are
also considered top priority. On the other hand, unauthorized reopening of closed water service connections

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remains the most committed violation.

SMALL CLAIMS CASES

Presently, the Legal Department is very busy in the institution of civil cases for the collection of sum of money
thru the Rule of Procedure for Small Claims Cases, as amended (SC En Banc Resolution dated 27 October 2009,
AM No. 08-8-7-SC and as revised effective February 1, 2016).

This form of action is instituted against customers who entered into compromise settlement by executing
promissory notes in order to settle their penalties on a staggered basis however these customers have reneged
on their obligations, failing to fulfil the tenor of such notes.

On a year to year basis, the Legal Department, through its Legal Services Division (LSD), has exponentially
increased its efforts to collect these unpaid penalties from ZCWD customers.

Most of the customers endorsed for filing of cases have opted to pay and continue upon the tenor of their
promissory notes, even before reaching the courts. This positive outcome has resulted to a high return in
terms of collection efforts. Filing of Small Claims cases had remained an effective mode of effecting payments
to those apprehended customers who reneged on their payments of penalties. In fact, even unpaid arrears
have been successfully collected thru this legal mechanism.

PUBLIC INFORMATION CAMPAIGN

In partnership with the Community Relations & External Affairs Section (CREAS), the Legal Department
continues to reach out to the community in order to inform citizens about the hazards and consequences of
water pilferage. Mr. Yusop B. Masdal and Ms. Verly T. Adanza, both Legal Assistants of the Legal Department
have been very active in public consultations conducted in several barangays as well as several schools
throughout the city.

These reach-out programs have resulted to the coming of an infomercial in partnership with the Philippine
Information Agency (PIA) as well as the production of PR materials such as brochures, hand-outs and flyers.

A RIGOROUS BUT ENDURING TASKS

Aside from criminal institution and civil collections against apprehended customers, the Legal Department had
also been handling the mighty tasks of protecting the rights of ZCWD through several civil cases.

In terms of administrative cases, the Legal Department had always been in the forefront in the investigation
and disciplineingof erring ZCWD personnel.

Truly, the Legal Department of the ZCWD had on its shoulder the gargantuan task of litigation, a rigorous task,
but it’s an enduring task - a very important task. (END)