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FIRST DIVISION

G.R. No. L-54043 November 28, 1980

BANGUED WATER DISTRICT, Represented by Edgardo B. Hojilla Acting Chairman of the Board of Directors, Petitioner, vs. HON. HAROLD M. HERNANDO, Presiding Judge, Branch I of the Court of First Instance of the Province of Abra, Dr. BEN BRINGAS, et al. as private respondents, Respondents.

FERNANDEZ, J.:

This is a petition for certiorari filed by the Bangued Water District against Hon. Harold M. Henando Presiding Judge, Branch I of the Court of First Instance of the Province of Abra, and Dr. Ben Bringas and other persons seeking the following relief: chanrobles virtual law library

WHEREFORE, it is respectfully Prayed, that a writ of certiorari be issued, ordering the proceedings herein complained of to be forthwith certified upon for review, with prayer for a preliminary injunction, for the protection of the rights of petitioner pending this proceedings, and after due hearing, let judgment be rendered annulling or modifying the Proceedings of the respondent Judge as the law requires, with costs.chanroblesvirtualawlibrary chanrobles virtual law library

Bangued Abra, June 3, 1980. 1chanrobles virtual law library

After the private respondents had filed their comment, the parties filed a motion to dismiss this case because the parties in civil case No. 1257 of the Court of First Instance of Abra had entered into the following: chanrobles virtual law library

COMPROMISE SETTLEMENT chanrobles virtual law library

PETITIONERS and RESPONDENTS, duly assisted by their respective counsels, and unto this Honorable Court most respectfully submit the following Compromise Settlement: chanrobles virtual law library

1. That the Respondents agree to undertake the improvement of the Bangued Water system in the amount of THREE MILLION THREE HUNDRED TEN THOUSAND (P3,310,000.00) PESOS, which will immediately start upon the signing of this Compromise Settlement; and will further undertake a thorough accounting of all funds and materials of the Bangued Water District; chanrobles virtual law library

2. That by reason of the great benefits to be derived from the promised improvement of the water system by the respondents, and the accounting of all monies and materials of the Bangued Water District, the petitioners do hereby waive the claim for damages and the accounting of monies and materials acquired by the Bangued Water District;chanrobles virtual law library

3. That the parties further agree to maintain the present water rates embodied in the questioned order of this Honorable Court of P5.00 for domestic water users and P10.00 for the commercial and industrial water users per month until such time that the water system shall have been overhauled, improved and operational as determined by the Local Water Utility Administration and the herein parties per Zone or Barangay and so on and the following meter rates shall be charged from the consumers for every Zone or Barangay that becomes improved or operational.

A - For Domestic, School and Hospital Water Users: chanrobles virtual law library

(a) For the first 10 cubic meters, P10.00; chanrobles virtual law library

(b) For the next 11 to 20 cubic meters in excess of the 20 cubic meters, the amount of P0.90 shall be charged for each cubic meter; chanrobles virtual law library

(c) For 21 to 30 cubic meters in excess of 20 cubic meters, the amount of P1.10 shall be charged for each cubic meter; chanrobles virtual law library

(d) Above 30 cubic meters, the amount of P1.35 shall be charged for each cubic meter.chanroblesvirtualawlibrary chanrobles virtual law library

B - For Commercial Industrial and Bulk Water Users: chanrobles virtual law library

(a) For commercial and industrial water users, the rates above stated shall be doubled and for bulk consumers shall pay thrice the foregoing water rates for domestic water users.

4. That any change of water rates shall be determined by the herein parties in accordance with existing rules, regulations and laws; chanrobles virtual law library

5. That the Bangued Water Consumers bind themselves to support the foregoing rates for the operation, maintenance, costs and reserves for the amortization of the loan of P3,310,000.00.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of this Honorable Court that the foregoing Compromise Agreement be approved and that judgment be rendered thereon and to afford the parties such further reliefs just and equitable in the premises.chanroblesvirtualawlibrary chanrobles virtual law library

Bangued Abra, September 29, 1980. 2chanrobles virtual law library

It appears that the respondent judge had rendered a final judgment approving the compromise agreement and ordering the parties to comply with the and conditions
thereof. 3chanrobles virtual law library

WHEREFORE, as prayed for, this case is hereby DISMISSED.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Makasiar, Guerrero and Melencio-Herrera, JJ., concur.chanroblesvirtualawlibrary chanrobles virtual law library

Teehankee, J., Chairman, concurs in the result.


Endnotes:

1 Rollo, pp. 8-9.chanrobles virtual law library

2 Rollo, pp. 312-314.chanrobles virtual law library

3 Rollo, pp. 309-311.




























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