BY DAVE SUAN ALBARADO
The Office of the Ombudsman (OMB) Visayas has recommended the outright dismissal of a case filed by the Bohol Clean Water Alliance, represented by Emmanuel “Willy” Ramasola, against Bohol First District . Edgar Chatto, Balilihan Mayor Pureza Veloso-Chatto, Engr. John Paul Gascon, Engr. Francis Antonio Flores of the Department of Public Works and Highways (DPWH), and Joniever Achacoso of JA Achacoso Enterprises, citing lack of merit.
The Case Records Evaluation, Monitoring and Enforcement Bureau (CREMEB) of the OMB approved an evaluator’s report on March 1, which stated that the issue had already been addressed by a Resolution issued by the National Water Resources Board (NWRB) on January 20, 2023, following a careful review of the complaint and its attachments.
NWRB maintained that ownership of lots adjacent to the water source is not a requirement, and it is sufficient for an applicant to have a real right over the land where water is proposed to be used.
The Board noted Balilihan’s submission that it would utilize an unclassified dry land, part of public land, adjoining corner 10 of Lot 23225 and corner 7 of Lot 23228, with an area of 2,681 sq.m., to install pipelines from the end of the barangay road down to Bugwak Spring.
LGU Balilihan’s nationally funded infrastructure project for the rehabilitation of an existing water supply and construction of a new water supply system would not pass through Richli’s alleged properties.
On September 7, 2023, the OMB dismissed the Anti Graft and Corrupt Practices Act complaint filed by Ramasola and Erastus Leopando, representing the Bohol Clean Water Alliance, against Analiza Teh, Rosemarie Edillon, Rosario Cuevas, Juanito Batalon, Roberto Soriano, Sevillo David (NWRB), and Mayor Chatto.
It is worth noting that the bulk water supply project in Balilihan, which was already in its testing phase and nearing completion and turnover, was halted after LGU Sevilla dismantled the submersible water pump and its accessories on June 9, 2023.
The DPWH and the Department of the Environment and Natural Resources had repeatedly requested LGU Sevilla to restore the components of the government project. DENR Secretary Maria Antonia Yulo-Loyzaga also wrote to Sevilla Mayor Juliet Dano, strongly urging her to take immediate action to restore the damaged facility and to collaborate with agencies in pursuing sustainable water resources management.
Last month, the Municipal Trial Court ordered the immediate restoration of the submersible water pump and accessories after DPWH filed a replevin case against LGU Sevilla.
Similar cases filed against Mayor Chatto and implementing agencies in relation to Bugwak Spring and the water project were already dismissed.
On March 11, 2022, the Prosecutor’s Office dismissed a case filed by Elmer Lim, Ralph Lim, and Rex Lim against Sto. Niño Barangay Officials for grave coercion, malicious mischief, and/or unjust vexation.
Similarly, on September 21, 2022, the OMB dismissed the case filed by Jeffrey Ipong, then a security guard at Bugwak hired by Richli, against Mayor Chatto and Sto. Niño Brgy Officials for grave coercion, grave misconduct, grave abuse of authority, and conduct prejudicial to the best interest of public service.
The Office of the Provincial Prosecutor dismissed on April 3, 2023, the case filed by Victorino Barro, former barangay captain of Magsaysay, Sevilla, against Mayor Chatto and Achacoso for Illegal Extraction of Water.
On May 12, 2023, the OMB dismissed another case filed by Victorino Barro against Mayor Chatto and Achacoso for Anti Graft and Corrupt Practices/ Abuse of Authority and conduct unbecoming of a public official.
On August 3, 2023, a Municipal Trial Court dismissed the case filed by Ralph Lim, president of Richli, against Balilihan, Achacoso, and DPWH District 1 for Forcible Entry, Damages, and Attorney’s fees.
On October 3, 2023, the OMB dismissed a case filed by Eladio Baliong, a Richli security guard, against Mayor Chatto for corrupt practices.
The cases were seemingly filed to prevent the completion of the bulk water supply project, even as the NWRB upheld the validity and regularity of Balilihan’s Conditional Water Permit.
The NWRB itself dismissed for lack of merit the case filed by LGU Sevilla to restrain LGU Balilihan from extracting water from Bugwak Spring, citing that the merits of the case were the same as that of the case previously filed by Richli that was also dismissed by the NWRB.
LGU Balilihan continues to assert its right to pursue the Bulk Water Supply Project within the duly approved masterplan and stands by its objective to provide safe, adequate, and sustainable water to its constituents through the project.
In earlier statements, Balilihan officials said the LGU and other water investors can co-exist to supply water and provide consumers a choice for water supply services.
They stated that there is no valid reason for private water developers to block a legitimate LGU water project funded by the National Government for the benefit of local consumers.