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Mayor Pureza, contractor cleared of illegal water extraction charges

Balilihan mayor Pureza Veloso Chatto

The Office of the Ombudsman has acquitted Balilihan Mayor Maria Pureza Veloso
Chatto and private individual Joniever Achacoso of Aquatera Konstrukt, Inc. of JA
Achacoso Enterprises and General Services from anti-graft and other administrative
charges filed by a barangay captain.
The complaint was filed by Victorino B. Barro, a resident and Punong Barangay of
Magsaysay, Sevilla, Bohol.
Barro accused Mayor Chatto and Achacoso of illegally extracting water from the
Magsaysay, Sevilla Bugwak Spring, which is the primary source of water for the
residents of Sevilla.
The construction of a pumping station, allegedly undertaken by Achacoso
Construction in conspiracy with Mayor Chatto, was said to have no permit from the
Barangay, the Municipality of Sevilla, or the National Water Resources Board
(NWRB), in violation of Presidential Decree No. 1067.
Despite opposition from the Sangguniang Barangay of Magsaysay and an order to
stop construction, respondents allegedly continued to extract water illegally from the
Bugwak Spring without any water permit.
In their defense, respondents denied allegations of conspiracy.
Mayor Chatto explained that Balilihan is the beneficiary of nationally funded
infrastructure projects for water supply rehabilitation funded by the General
Appropriations Act (GAA).
The Department of Public Works and Highways (DPWH) is the implementing agency
for these projects, Chatto pointed out.
The Balilihan local government unit (LGU) applied for a water permit with the NWRB
considering that the projects involved the rehabilitation of water supply in Balilihan.
Consequently, NWRB issued a Conditional Water Permit (CWP) to Balilihan to use
the Bugwak Spring.
Mayor Chatto further explained that DPWH submitted the projects for public bidding,
being the funding agency, which was later on awarded to Achacoso, who
subsequently commenced the necessary works.
She clarified that the contracting parties of the projects therefore were the DPWH
and Achacoso, while the Municipality of Balilihan was the beneficiary.
Mayor Pureza additionally pointed out that that the completion of said projects were
supposedly in June and December 2020, and therefore it was misleading to say that
respondents took advantage of the situation brought about by Typhoon Odette.

Further, Barangay Magsaysay’s objection allegedly came only after the project was
almost completed.
According to Mayor Pureza, ownership over Bugwak Spring cannot be exclusively
claimed by Barangay Magsaysay, Sevilla as said spring is located within Loboc River
and is therefore owned by the State.
Finally, she stressed that there was no damage or injury caused to complainant or to
Municipality of Sevilla considering that both Sevilla and Balilihan were both granted
water rights from Bugwak Spring.
For his part, Achacoso averred that the projects are still ongoing and have not been
completed yet due to numerous challenges as well as suspensions in the
implementation.
The Ombudsman found that the respondents did not violate the Anti-Graft and
Corrupt Practices Act (Republic Act No. 3019) and other administrative offenses.
The complaint has been dismissed with finality.

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