The Department of Justice on Tuesday clarified that President Rodrigo Duterte is not threatening the judiciary when the Chief Executive warned court judges against issuance of temporary restraining order to stop the construction of the Kaliwa Dam and Wawa Dam projects, which he earlier approved to end the water supply problems in Metro Manila.
Justice Secretary Menardo Guevarra explained that President Duterte was not threatening the judiciary or supressing the rights of parties to seek redress from courts.
“No. The president knows that the judiciary is independent of the executive branch. he was merely expressing, in his own usual tough style, a personal sentiment and hope that the courts will not obstruct the pursuit of major development projects,” Guevarra said in a text message.
Guevarra recalled that there is an existing law that prohibits all courts, except the Supreme court, from issuing restraining orders/preliminary injunctions against national government infrastructure projects.
The DOJ chief was referring to Republic Act 8975, entitled “An act to ensure the expeditious implementation and completion of government’s infrastructure projects by prohibiting lower courts from issuing TROs, preliminary [prohibitory] injunctions, and preliminary mandatory injunctions.”
“That law is still in effect and provides the legal basis for the President’s recent statement on the Kaliwa and Wawa dam projects,” Guevarra said.
On Monday, President Duterte on Monday pushed for the construction of the Kaliwa Dam and the Wawa Dam to end the water supply problems in Metro Manila.
“These will be the last resort to have water for Manila,” Duterte said, in a speech at a Digos City event for the victims of the Davao earthquake earlier this month.
“I will order them to go ahead, and we will pay the natives, and we will relocate them,” the Chie Executive added.
The Kaliwa Dam project in Quezon will be funded by China, through loans secured by the Duterte administration.
The Wawa Dam project in Rodriguez, Rizal got a go-signal from the Metropolitan Waterworks and Sewerage System (MWSS) in November.
