By DAVE SUAN ALBARADO

The Department of Public Works and Highways (DPWH), represented by the Office of the District Engineer, Bohol First District Engineering Office, has filed a civil action case against the Municipality of Sevilla, represented by Mayor Juliet B. Dano.

The case revolves around the “Construction of Water System in Balilihan, Bohol (Balilihan Water Supply System Phase 1)” project, implemented by DPWH Bohol 1st District Engineering Office (DEO) in 2020.

The project aimed to supply clean and safe water sourced from the Bugwak Spring to five thousand (5,000) households.

A contract agreement was entered into with Aquaterra Konstruck, Inc./JA ACHACOSO Enterprises and General Services for the construction of the project.

On June 9, 2023, during the testing stage of the project and prior to its turnover to the Municipality of Balilihan, it came to the attention of DPWH-Bohol 1st DEO that the installed submersible pump and its accessories in Bugwak Spring, all parts of the project, were dismantled by the Municipality of Sevilla.

Several news outlets also published information regarding the removal of the government-owned submersible pump.

Notably, the same was done without any prior notice to the plaintiff.

DPWH-Bohol 1st DEO immediately wrote a letter to the defendant requesting that the removed/dismantled structures/equipment be returned/restored to their original and operational state.

However, instead of heeding the DPWH-Bohol 1st DEO’s request, in a letter dated July 6, 2023, the defendant demanded that it be furnished copies of the approved Program of Work, Contract Agreement, and Detailed Engineering Design for Phase 1 and 2 of the project and a valid water permit from the NWRB.

On July 31, 2023, DPWH-Bohol 1st DEO provided the defendant with the requested documents with the exception of the water permit, which was in the possession of the Municipality of Balilihan, being its grantee.

The requested documents were furnished to the defendant with the expectation that the latter will immediately return and restore the submersible pump and its accessories that were illegally dismantled and taken.

To date, however, despite numerous demands for the return of the dismantled submersible pump and its accessories to the possession of DPWH-Bohol 1st DEO, the defendant illegally maintains possession of the same.

In the complaint, the plaintiff seeks through the principal action for replevin the recovery of possession of the submersible pump and all its accessories wrongfully held by the defendant, among other wrongful acts.

As a form of principal remedy, replevin is an action to regain the possession of personal chattels being wrongfully detained from the plaintiff.

The plaintiff is seeking damages for the cost of labor paid by the national government in the installation of the dismantled pump and its accessories, exemplary damages in an amount not less than twice the amount of actual damages to be awarded, and no less than One Hundred Thousand Pesos (Php100,000.00) as attorney’s fees, plus litigation expenses.

BACKGROUND AND FLASHBACK OF THE CASE

The legal dispute has erupted between the Department of Public Works and Highways (DPWH) and the Municipality of Sevilla in Bohol.

DPWH filed a complaint against Mayor Juliet B. Dano, seeking the return of a submersible pump and accessories that the municipality allegedly removed and is detaining.

DPWH implemented a water supply project in Balilihan, Bohol, aiming to provide clean water to thousands of households.

This government-funded project was set to be turned over to the Balilihan municipality upon completion.

All necessary permits, including an Environmental Compliance Certificate (ECC) and a water permit, were secured for the project’s execution.

During the project’s testing stage, the DPWH discovered that the installed submersible pump in Bugwak Spring had been dismantled by the Sevilla municipality.

Sevilla Mayor Dano claims the pump’s installation lacked necessary permits from the local government.

DPWH asserts ownership of the pump and accessories, having funded their procurement and installation.

Despite multiple demands, the municipality of Sevilla refuses to return the equipment.

DPWH accuses the municipality of illegally seizing government property.

DPWH is seeking the following through its legal complaint:

Replevin: Immediate return of the pump and accessories, or monetary compensation if the items are damaged.

Damages: Reimbursement of labor costs and damages for the wrongful seizure.

Exemplary damages: To deter similar acts in the future. Attorney’s fees: Recovery of legal costs.