The Office of the Ombudsman has dismissed criminal and administrative charges against three Balilihan officials involved in a controversial water system project in the town, citing lack of probable cause and substantial evidence.
In a 15-page joint resolution, the anti-graft office cleared Balilihan Mayor Maria Puresa V. Chatto, former Department of Public Works and Highways (DPWH) District Engineer Godofredo R. Laga Jr., and private contractor Joniever A. Achacoso of violations of the Anti-Graft and Corrupt Practices Act.
The case stemmed from complaints filed by Gregorio Enrique Maniwag Madanguit IV alleging irregularities in the construction of a water supply system in Balilihan town involving the Bugwak Spring water source.
“It was not established that respondents acted with manifest partiality, evident bad faith, or gross inexcusable negligence,” wrote Graft Investigation and Prosecution Officer Abegail Marie C. Cinco.
The complainant had accused the officials of failing to secure necessary permits for laying pipelines and conducting construction works within the 20-meter legal easement of Bugwak Spring.
He also alleged that Mayor Chatto misrepresented the spring’s location in the town’s water permit application.
However, the Ombudsman found that the Local Government Unit (LGU) of Balilihan had obtained required permits, including a Special Land Use Permit, Environmental Compliance Certificates, and Local Clearance covering the project areas.
“The validity of the LGU of Balilihan’s Conditional Water Permit in relation to Bugwak Spring was upheld by the National Water Resources Board in its January 20, 2023 Resolution,” the decision stated.
On the alleged misrepresentation of Bugwak Spring’s location, the Ombudsman noted that any mistake in coordinates was made by the National Irrigation Administration (NIA), not Mayor Chatto.
“The NWRB held that the mistake in coordinates provided by NIA is not willful and deliberate non-observance of or non-compliance with the rules,” the resolution said.
The case is an offshoot of tensions between Balilihan and neighboring Sevilla town over water rights.
Sevilla Mayor Juliet B. Dano had protested Balilihan’s water extraction from Bugwak Spring, claiming it was within Sevilla’s jurisdiction.
Former District Engineer Laga, who has since retired, maintained he consistently sought guidance from DPWH regional officials in addressing claims by Richli Corporation, which contested the pipeline installation on its properties.
“Records show that during the time he was assigned to the Bohol First DEO, respondent Laga was consistently gathering information and seeking guidance and advice from the DPWH Regional Director and the Chief of the DPWH Regional Legal Division,” the resolution noted.
The Ombudsman pointed out that it was not the proper forum to settle issues of ownership or the validity of permits, saying these should be addressed by courts of proper jurisdiction.
The resolution dismissed both the criminal complaints for violation of Republic Act 3019 against all three respondents and the administrative charges of Grave Misconduct and violation of RA 6713 against Mayor Chatto and Engineer Laga.
Deputy Ombudsman for the Visayas Dante F. Vargas recommended approval of the resolution on January 2, 2024.
Ombudsman Samuel R. Martires approved it on September 26, 2024.
OMBUDSMAN DISMISSES CASE AGAINST MAYOR CHATTO, DPWH LAGA AND CONTRACTOR
The Office of the Ombudsman has dismissed for lack of substantial evidence the complaint for grave misconduct and violation of Republic Act 6713, code of conduct and ethical standards for public officials against Balilihan Mayor Pureza Veloso-Chatto.
The ombudsman also dismissed for lack of probable cause the criminal complaints for violation of Republic Act 3019 or Anti Graft and Corrupt Practices Act against Mayor Chatto, Engr. Godofredo Laga, former Department of Public Works and Highways (DPWH) First District Engineer and Joniever Achacoso, contractor of the Balilihan Bulk Water Supply Project at Bugwak Spring.
The complaints were filed by Gregorio Enrique Madanguit, who alleged that the respondents failed to secure the necessary permits for the laying of pipelines for the construction of the water supply project and allowing the construction of the said work in privately-owned lots by Richli Corporation.
In the 28-page ruling, the Ombudsman stressed that at the outset, their office is not the proper forum to settle the issues of ownership or nature of the subject lots or areas involved and the validity of permits and clearances.
The resolution, however, said that the actions in question did not constitute grave misconduct.
The complaint failed to establish that Mayor Chatto induced, persuaded or influenced respondents Laga and Achacoso to encroach on Richli’s properties or violate any rules in the implementation of the project.
It further said that Mayor Chatto’s requests to lift DPWH’s Work Suspension Order were made pursuant to her desire to implement the project as the mayor of the beneficiary municipality.
More importantly, it does not appear that respondents Laga and Achacoso’s questioned acts were made simply because respondent Chatto directed them, the resolution read.
It cited records showing that during the time Laga was assigned to the Bohol First DEO, he was consistently gathering information and seeking guidance and advice from the DPWH Regional Director and the Chief of the DPWH Regional Legal Division in addressing Richli’s claims and in relation to the issuance or lifting of Work Suspension Orders.
The Ombudsman also deemed noteworthy that Laga addressed Richli’s objection by issuing a Work Suspension Order, ordering the contractor to discontinue construction activities in all disputed areas.
The office also did not consider any violation of pertinent rules and regulations.
It recognized that LGU of Balilihan was issued an SLUP, ECCs, and Local Clearance covering the areas involved in the Project, namely, Barangay Sto. Niño, Balilihan and Bugwak Spring.
It also acknowledged that the LGU had basis to believe that the subject areas in Barangay Sto. Niño, Balilihan where the pipelines were laid were a Barangay road and “unclassified dry land” and were not privately owned by Richli.
Moreover, PENR Officer Ariel Rica ascertained that the subject road was a Barangay road per approved Cadastral Map and ground verification and that there is an unclassified dry land adjoining the corners of Lot Nos. 23225 and 23228, forming part of public land and belonging to the State, which is the ideal area to install the pipelines from the end of the Barangay road down to the Bugwak Spring.
The Ombudsman also did not find any violation of the Anti Graft and Corrupt Practices Act as it lacked the elements that the respondents must have acted with manifest partiality, evident bad faith, or gross inexcusable negligence; and that respondent’s action caused any undue injury to any party, including the government, or gave any party unwarranted benefits, advantage or preference in the discharge of his functions.
The resolution noted that the validity of the LGU of Balilihan’s CWP in relation to Bugwak Spring was upheld by the NWRB in its January 20, 2023 Resolution.
An Easement or Salvage Zone Clearance for the installation of the spring intake structure within the navigable water of Bugwak Spring was also granted by the DPWH.
On top of that, as mentioned earlier, the LGU of Balilihan were granted an SLUP and ECCs covering the areas involved in the Project.
As regards the alleged misrepresentation in the AWP as to the exact location of Bugwak Spring, the mistake appears to have been caused by the NIA and not by Mayor Chatto.
The NWRB, in upholding the questioned CWP in its January 20, 2023 Resolution, held that the mistake in the coordinates provided by NIA is not willful and deliberate non-observance of or non-compliance with the rules, order or regulations deserving of a summary revocation/cancellation and to summarily revoke the Municipality of Balilihan’s CWP based on a mistake it did not commit would result in grave injustice or inequity.