Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
BRANCH XII
Zamboanga City

Zamboanga Concerned Citizens Association, Civil Case No. 14357

Plaintiff

VS. “Damages”

ZAMBOANGA CITY WATER DISTRICT

defendant

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MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION

COMES NOW the plaintiff in the above-entitled case, by and through its

undersigned counsel, and to this Honorable Court, respectfully states:

1. That plaintiff would suffer irreparable damages by way plaintiff

corporation increasing unjustifiably its water rates to the detriment of the

57,000 Zamboangueño families that would be adversely affected by said

increase during the pendency of the hearing for the above-entitled case.

2. Unless restrained during the pendency of the above action, plaintiff will

suffer more damages and defendant will continue violating plaintiffs’

rights to potable water, in this connection, plaintiff avers as follows:

a. Plaintiff has a good and valid cause of action.

b. The Association is entitled to the relief demanded, and the whole or

part of such relief consists in prohibiting the commission or

continuance of the act or acts complained of, perpetually;

c. Defendant is doing or is procuring or suffering to be done, the acts

of complained in violation of the rights of the plaintiff respecting

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 the subject of the action or proceeding, and tending to render the

judgment ineffectual.

d. Plaintiff is ready and willing to file a bond executed to the

defendant enjoined, in an amount to be fixed by the court, to the

effect that the plaintiff will pay to such party all damages which he

may sustain by reason of the injunction if the court should finally

decide that the applicant was not entitled thereto.

WHEREFORE; plaintiff respectfully prays that, with the grant of the

temporary restraining order issued by this honorable court, the issuance of writ

of preliminary injunction, prohibiting defendant corporation from implementing

water rates increases, during the pendency of the action in civil case no. 14357.

Plaintiff further prays for such other relief as may be just and equitable in

the premises.

Zamboanga City, July 25, 2008.

MARLI P. ACOSTA
Counsel for Movants
Roll of Attorney No. 19798
PTR No. 184416, January 15, 2008, Z.C.
IBP O.R. No. 144555, January 15, 2008, Z.C.
at Zamboanga City

Cc: Atty. Mayjelyn A. Pasaol

In-house Legal Counsel
Zamboanga City Water District
Pilar St. Zamboanga City

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