FOR appropriating and or/using water without the necessary permit, Balilihan Mayor Maria Pureza M. Chatto is facing a criminal offense for violating Article 91(A) and (I) of PD 1067, otherwise known as the Water Code of the Philippines. Also charged as co-respondent is Joniever Achacoso, an Ormoc-based owner/proprietor of Aquatera Konstrukt, JA Achacoso Enterprises and General Services.
Complainant Victorino Barro, a barangay captain of Magsaysay, Sevilla, Bohol said in his sworn statement that the respondents conspired with each other in building a pumping station at Magsaysay Sevilla Bugwak Spring in barangay Magsaysay, Sevilla town.
The construction he claimed, did not have the necessary permit from the barangay, or from the municipal government and not even from the National Water Resources Board.
When the construction was first undertaken on November 15, 2021, the respondents were duly notified of the objection from the barangay and municipal residents. The construction did not push through because of that.
But after typhoon Odette and “taking advantage of the devastation caused thereof, herein respondents surreptitiously continued and hasten the construction of the said water extraction project without asking any permission.”
True enough, the complainant said, the project was completed despite the vehement objection of barangay Magsaysay and the Municipality of Sevilla.
In fact, the sangguniang barangay of Magsaysay passed a resolution declaring its vehement objection and strong opposition against the illegal extraction of water from Bugwak Spring.
The Mayor of Sevilla, Mayor Juliet Dano, also endorsed the said resolution to the National Water Resources Board for appropriate action.
Under the law, if found guilty, the respondents could be facing a Fine of P3,000 or imprisonment of not more than 3 years, in the discretion of the Court.
The case is docketed as NPS No. VII-02-INV before the Office of the Provincial Prosecutor of Bohol.
Attempts to solicit comments from the respondents failed as they could not be contacted as of press time.
