Motion for Ocular Inspection Fb

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A. THE SUBJECT APPLICATIONS FOR WATER PERMITS SHALL AND WILL ADVERSELY AFFECT THE ECOLOGICAL BALANCE OF LAGUNA LAKE. B. THE SUBJECT APPLICATIONS FOR WATER PERMITS SHALL AND WILL ADVERSELY AFFECT THE AGRICULTURAL LANDS OF MAJAYJAY. xxx J.

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SINA INABAK SPRING, PATAK-PA -PATAK SPRING ING AND MANGULILA SPRING ARE EXISTING GROUN ROUNDW DWAT ATER ER SOUR SOURCE CES S AND AND THERE HERE IS NO WATER PERMIT FROM NWRB ATTACHED TO THE SUBJE SUBJECT CT APPL APPLICA ICATIO TIONS NS FOR FOR WATE WATER R PERM PERMITS ITS AS REQUIRED UNDER THE IRR-LLDA.

K. THERE IS NO PROPER NOTICE TO THE BARAN BARANGAY GAY CHAIR CHAIRMA MAN N WHER WHERE E PATAK PATAK-PAT -PATAK AK SPRIN RING IS LOC LOCATE ATED AS THE LATTER IS NOT SITUA ITUATE TED D IN BRGY. RGY. AMON AMONOY OY BUT IN BRGY BRGY.. BALAYONG, BALAYONG, MAJAYJAY, LAGUNA. L.

THE SUBJECT APPLICA ICATION IONS FOR WATER PERMIT RMITS S WILL ILL CAUSE AUSE ADVER DVERSE SE EFFEC FFECT T TO PUBLIC AND/OR PRIVATE INTEREST.

M. THE SUBJECT APPLICATIONS FOR WATER PERMIT RMITS S WILL ILL AFFE AFFECT CT THE THE PRESE RESENT NT BRGY RGY. WATER SYSTEM. xxx

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Q. THE THE APPLIC APPLICAT ATION IONS S FOR FOR WATER WATER PERM PERMIT ITS S SHAL SHALL L AND WILL ILL PUT IN DANGER THE LIVES AND HEALTH OF THE PEOPLE OF MAJAYJAY AS THEY WERE WERE MADE ADE IN VIOL VIOLAT ATIO ION N OF SECT SECTIO ION N 13 OF THE IRR IRR-LL -LLDA WHICH ICH PROV ROVIDE IDES THAT “NO “NO CONST ONSTRU RUCT CTIO ION N WORK WORK OR PRIVA RIVATE TE SECT SECTOR OR PROJECT SHALL COMMENCE UNTIL THE PLANS,





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SPECIFICATIONS AND IMPLEMENTING SCHEDULES SCHEDULES ARE DULY APPROVED.” APPROVED.”

1.

It is of utmo utmost st impo import rtan ance ce to cond conduc uctt the the appr approp opri riat atee

ocular inspection of the location, source and natural flow of as well as the agricultural lands and public and private interests affected by the thre threee (3) (3) Spri Spring ngss subj subjec ectt matt matter er of the the ques questi tion oned ed wate waterr perm permit it appl applic icat atio ions ns to enabl nablee the the oppo pposito sitors rs to esta stablis blish h the the abov aboveeenumerated grounds in their Opposition. 2.

Simi Simila larl rly, y, ther theree is a nece necess ssit ity y to cond conduc uctt an ocul ocular ar

inspection to establish that the questioned water permit applications were were made made in viol violat atio ion n of Sect Sectio ion n 13 of this this Hono Honora rabl blee Offic fficee Implementing Rules and Regulations (IRR) which provides that no construction work or private sector project shall commence until thee plan th planss and and spec specif ific icat atio ions ns for for th thee dive divers rsio ion n work works, s, pu pump mp structure, water measuring device and other required structures, and the implementing schedules of construction are duly approved by this Honorable Office. 3.

The oppositors would like to manifest to this Honorable

Office that in gross and open violation of Section 13 of the IRR of this Honorable Office and even while its questioned applications for water permits are still pending for processing, the applicant has started and





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continues continues to make construction construction work for the excavation excavation and laying laying of water pipes in Majayjay, Laguna (Majayjay for short) for its intended water water distribu distributio tion n system system which which will put in danger danger the lives lives of the the people in Majayjay because the construction work was made without appr approv oval al by this this Honora norabl blee Offic fficee of the the afo aforesa resaid id plans lans and and specifications and implementing schedules. Copies of the pictures of the excavation and the laying of water pipes are hereto attached as Annexes “A”, “B”, “C” and “D”, respectively. 4.

For instance, it is reported that the water pipes being used

by the applicant are sub-standard water pipes for potable water and/or water pipes not designed for distribution of potable water. Worse, the water water pipes pipes were were instal installed led and joine joined d in violat violation ion of the accepted accepted engine engineeri ering ng practi practice ce for the the instal installat lation ion and joinin joining g of such such water water pipes as shown from the fact that installation of the water pipes was made without the required sand cushion of at least six (6) inches of sand beneath the water pipes and another six (6) inches of sand atop of the water pipes. 5.

Such Such kinds kinds of constr construct uction ion works works will will certai certainly nly put in

danger the health and lives of the people as the materials for the substandard water pipes and the irregular installation of the water pipes will most likely absorb or seep into the water pipes the water or soil





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moistu moisture re outsid outsidee of the water water pipes, pipes, ther thereby eby contami contaminat nating ing the potable water passing thru the water pipes. 6.

In other words, the materials for the sub-standard water

pipes and the irregular installation and joining of the water pipes will contaminate the potable water passing thru the water pipes which will pose clear and present danger to the health and lives of the people of Majayjay as the potable water will be used for drinking and cooking of foods of the people of Majayjay. This clear and present danger to the health and lives of the people of Majayjay can be prevented if this Honorable Office will strictly implement the mandates of Section 13 of its IRR. 7.

Acco Accord rdin ingl gly, y, oppo opposi sito tors rs resp respec ectf tful ully ly subm submit it that that the the

appropriate ocular inspection must be made to accord due process of law to them and to compel respect and compliance with the IRR of this Honorable Office. This Honorable Office should not allow the applicant to violate with impunity the IRR of this Honorable Office, otherwise, otherwise, it will render ineffective ineffective and inutile inutile the powers powers granted granted by law to this Honorable Office. 8.

Section 13 of IRR of this Honorable Office is not mere

formality but it serves as a precautionary measure or safeguard to protect the health and lives of the people who are supposed to be





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give given n wate waterr serv service icess by the appl applic ican antt for for wate waterr perm permit it..

In other other

words, the lives of the consumers of a water system depend on the strict implementation by this Honorable Office of the said approved plans and specifications and implementing schedules for the intended water water distribu distributio tion n system system.. Thus, Thus, in order order to protect protect the health health and lives of the people of Majayjay, the oppositors respectfully submit that this Honorable Honorable Office Office should should strictly strictly enforce the mandates of Section Section 13 of its IRR especially considering the fact that the water permit applic applicati ations ons of the applic applicant ant are still still pendin pending g for adjudi adjudicat cation ion and approval by this Honorable Office. WHEREFORE, the oppositors most respectfully pray to this

Honorable Office that an ocular inspection be made on the location, sources and natural flow of as well as the agricultural lands, public and private interests affected by the three (3) Springs, Sinabak, PatakPatak and Mangulila Springs, subject matter of the instant applications for water permit and an ocular inspection of the excavation and lay outing of water pipes made by the applicant, including the water pipes used therein. Other Other relie reliefs fs just just and equita equitable ble in the premises premises are likew likewise ise prayed for.







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Motion for Ocular Inspection Fb

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