Lawyers sue NPC, SRPC
SAN ROQUE DAM DECOMMISSIONING SOUGHT
Justice Regino leads complainants
A GROUP of lawyers in Pangasinan has taken the lead in filing a class suit against the National Power Corporation (NPC) and the San Roque Power Corporation (SRPC), the operators of the San Roque Multi-Purpose Dam in San Manuel town, in relation to the flooding in early October that sub-merged most parts of the province.
The civil case, filed on Friday before the Regional Trial Court in Dagupan City, covers claims for damages with prayer for temporary restraining order and/or preliminary injunction against the NPC and the SRPC.
The complainants, all lawyers, are led by retired Court of Appeals Justice Teodoro Regino. Other signatories to the complaint Councilor Jose Netu Tamayo, Liberato Reyna Jr., Rodolfo Palma, Roberto Raagas, Arginald Esguerra, Basltazar Servito, Honesto Sabado, Honor Zeny Muerong, Tiburcio Maningding, Felipe de Vera, Ramon Veloria, Leopoldo Tulagan, Rodolfo Itchon, Alejandro Peregrino, Conrado Gubatan, Jose Antonio Guillermo, Pedro de Guzman Jr., Simplicio Sevilleja and Narciso Bandong.
Their respective residences reflected some of the towns that suffered heavily from the flood namely, Dagupan City, Calasiao, Manaoag, Mangaldan, San Carlos City, Villasis, Umingan, Alcala, San Fabian, Asingan, Binalonan and Urdaneta City.
They are seeking damages in the amount of P100,000 each or P2.45 million in total.
The complainants paid P47,800 as filing fee.
Regino, however, stressed during an interview with newsmen that their claim for damages is just secondary, pointing out that their principal action is specific performance compelling NPC and RCPC to decommission or close the dam.
The complainants pointed out that that the solution to the flooding in Pangasinan is the immediate dredging of Binga and Ambuklao Dams and the decommissioning of the San Roque Dam.
“San Roque’s power generating capacity of 345-megawatts (actually 411 megawatts) should be shut down, decommissioned, as its location is also near a fault line raising the possibility that it could collapse in a big earthquake,” the complainant said.
Atty. Danilo Fernandez, the clerk of court who received the complaint, said since the case is that of an injunction, it should be raffled immediately to determine which court will handle it.
SIMILAR CASE
This case is similar to the one filed by Regino and several others against the NPC in 1998 when the water released from Ambuklao and Binga Dams in Benguet likewise flooded Pangasinan and destroyed millions worth of crops and properties.
At that time, the San Roque Dam did not exist.
Regino said the first case is still pending at the sala of RTC Judge Genoveva Maramba of Branch 44 in Dagupan City where he and the other complainants had just ended their presentation. The NPC is next to present its side.
Regino said this new case may drag on for years in court as well and could reach all the way to the Supreme Court.
But he quickly added that as long as the court grants an injunction, they don’t mind a protracted court battle.
Regino also said the filing of the suit was initially an idea of the provincial government, pointing out that he prepared it at the request of his niece, Vice Governor Marlyn Primicias-Agabas who said Governor Amado Espino Jr. was furious at the vast devastation wrought by the flood.
Initially, Regino gave a copy of the complaint to the provincial government but when he felt that the latter was dragging its feet, he decided to file it instead with his fellow lawyers.
NO DIKES
Meanwhile, Tamayo, a councilor of Dagupan said their best argument in seeking the decommissioning of San Roque is “they are operating the dam without the proper dikes.”
He said in the NPC and SRPC should know that it is their moral obligation to operate a spillway in such a way that the people downstream are safe but apparently there has been negligent on the issue.
Tamayo said other people who wish to be part of the class suit may join their fight.
The complainants expect both NPC and SRPC to react strongly to their complaint.
Tamayo said, “They have their arguments and we have our own, so let the court decide who among us has basis.”—LM
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