Richli Water has filed charges against 2 personnel of the Bohol Environment Management Office (BEMO).
The two BEMO employees are identified as Restituto Piollo Jr. and Rolando Agpaoa, according to Richli Water legal counsel Marvin Aceron.
In a telephone interview, Aceron said that the employees are being accused of violating the law on Anti-Graft and Corrupt Practices Act and Perjury.
Richli Water has filed the case alleging that the action of the 2 BEMO employees resulted to “undue injury due to manifest partiality and evident bad faith”.
THE ISSUE
According to Aceron the case was filed because the two respondents executed a report accusing Richli Water of conducting excavation and environmental law violation at the Uhan Spring near barangays Lourdes and New Lourdes in Cortes town.
Aceron said that Richli Water is preparing its reply affidavit after the respondents filed their counter affidavit.
Aceron disclosed that during a virtual hearing of the National Water Resources Board (NWRB) , the respondents were cross examined. He asked the respondents whether or not they have actually seen an employee of Richli Water conducting excavation activities at Uhan Spring.
“Sabi nila [respondents] wala na man daw,” Aceron revealed.
The respondents told Aceron they did not see any Richli Water personnel actually cutting trees in the area. The respondents only saw trees which were cut down and sprawled in the area.
Richli Water’s legal counsel said that the allegations of environmental law violation against the water firm are hearsay.
Aceron also said that the testimony of the respondents are being used to deny Richli Water of its water rights in Uhan Spring.
As a compromise, Aceron said he told the respondents to instead say that the basis of their report used by the NWRB was only hearsay. If they would say their report is based on hearsay then Richli Water would no longer press charges against them.
Aceron said the respondents did not withdraw the report forcing Richli Water to file a complaint.
BEMO’S SIDE
In a radio interview, Jovencia Ganub, head of the BEMO, narrated to anchors Ardy Araneta-Batoy and Dave Albarado of radio program Newsmakers Ug Uban Pa on Oct. 19, 2021 the circumstances behind the issue with Richli Water regarding allegations of environmental law violations in Uhan Spring area.
She said that the BEMO sent personnel to investigate allegations of environmental law violations at Uhan Spring following a letter sent by Lourdes barangay captain Macario Ongyot Jr.
The complaint aired by Ongyot is about an alleged excavation and cutting of trees. The letter of the barangay captain pointed to Richli Water as the one behind the said illegal activities.
Ganub then asked BEMO foresters to conduct a verification about the report of the barangay captain.
“Sa ilahang [BEMO personnel] report nakita nila nga naay excavation nga gihimo unya naa pod mga pinutlan nga naturally-grown trees ug naay development nga murag giingon ani access road kuno sya basi sa interview sa katawhan,” Ganub said in the radio interview.
The report of the BEMO personnel was used as the basis for the Department of Environment and Natural Resources‘ (DENR) probe said Ganub.
Ganub said she can’t be certain that what the BEMO personnel found out is hearsay. She said that her personnel saw there were excavations and trees that were cut.
After its probe, former Provincial Environment and Natural Resources (PENRO) Charlie Fabre wrote the manager of Richli Water on April 3, 2020, about the alleged violations.
Fabre said in the letter that Richli Water has been conducting excavation and cutting of trees near Uhan Spring. Fabre said that the DENR did not issue any permit to Richli Water to conduct the cutting of trees in barangay Lourdes nor barangay New Lourdes in Cortes.
Fabre added that it was observed that there were evidence of trees being cut down and timber left on the site. Fabre ordered Richli Water to stop and refrain from cutting of trees and excavation in the area.
Aceron in the telephone interview said that Richli Water was only slapped with a fine of P27,000 by the DENR.
However, the company is not paying the fine because the water firm says it is not involved in environmental law violation in the first place. The report on the alleged violation of Richli Water was based on hearsay, Aceron pointed out.
PLO’S RESPONSE
Provincial Legal Officer (PLO) and Acting Provincial Administrator Nilo Ahat confirmed that 2 personnel from the BEMO are facing charges but he is not totally familiar with the case.
The PLO merely assisted the BEMO personnel in the preparation of the documents of the case.
He said that the respondents from the BEMO already filed their counter affidavit.
In his opinion, Ahat said the fiscal might dismiss the case if he/she sees the charges is a SLAPP one. SLAPP is short for strategic lawsuit against public participation. A SLAPP suit, or intimidation lawsuit is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition, Ahat explained.
He then added that if the case against the BEMO folks is a SLAPP one, as determined by the prosecutor, then it would be dismissed. He continued SLAPP cases are prevalent in environmental law suits.
RICHLI WATER’S STATEMENT
In a statement, Richli Water said that it was supposed to construct its second WTP at Uhan spring, Cortes in April 2021.
The firm said that “Unfortunately, up to this day, DENR EMB 7 [Environment Management Board] refuses to release the ECC. All of the company’s documents and permits are complete,” the company’s statement reads.
The statement added, “The Uhan WTP was supposed to be operational by this month [October 2021]. It could have been tapped to continuously supply water to our service areas while our Malingin WTP is undergoing repairs.”
“If DENR EMB 7 will continue to delay the release of Richli’s ECC, expect no water or low pressure in Tagbilaran, Dauis, Panglao, Baclayon, and Cortes until the Uhan WTP is functional,” the statement reads.
“Once the Uhan WTP is complete, it will also supply water to the following barangays in Cortes: New Lourdes, Poblacion, Fatima, and De la Paz. Furthermore, it can effectively supply the brand new Gallares Hospital adjacent to the Cortes Municipal Hall,” the statement said.
Richli added: “When the ECC is released, Richli will also construct the Waste Water Treatment Plant (WWTP) in Panglao. The company already has a MOA [Memorandum of Agreement] with Panglao LGU [Local Government Unit],” Richli Water in its statement revealed.
