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Loay-Loboc waterworks clogs anew

DPWH Lawyers to file motion on 'turn over'

WATER from Loay-Loboc Municipal Waterworks System (LLMWS) again clogs anew. This as the legal department of the Department of Public Works and Highways Regional Office is set to file a motion for reconsideration to a decision to turn over the completed waterworks project to a corporation. Recently, Regional Trial Court Branch 50 Presiding Judge Dionisio Calibo Jr. issued a reiterative order dated April 7 stating that the LLWS should be turned over to a corporation chaired by former third district Congressman Isidro Zarraga.

Calibo's earlier decision to turn-over was based upon a default by the DPWH counsels in submitting the memorandum circular which accordingly prohibits the turn over. The reiterative order directs defendants DPWH engineers Aramis Torrefranca, Vicente Gaviola, RAR Construction and Development Corp and Rafael Apostol to turn over without further delay the waterworks system which includes the filtration plant to the Loay Loboc joint Municipal Waterworks System ,Inc.

The Calibo penned order reiterated that the Sangguniang Bayan members of Loay are not in a position to dictate to the court as to which entity the plant should be turned over to. Earlier, the Loay SB manifested that they agree with the earlier turn over decision but wants the court to turn over the plant to the committee and not the corporation. In the order, Calibo accused the SB or drafting a resolution revoking the earlier Memorandum of agreement (MOA) which is in blatant disregard of an injunction order of the court.

The court defended its decision by arguing that the corporation has a legal personality compared to a committee, so it finds no problem with its decision. The reiterative order also tells in no uncertain terms that the turn over be to LLMWS Inc. With the order and another reiterative order coming out, the corporation chaired by former Congressman Isidro Zarraga called for a meeting last April 10, three says after the RTC reiterative order. The meeting presided over by Bohol third district Congressman Eladio Jala discussed about the turn over ceremonies in line with the fifteen day deadline stipulated by the Calibo decision. It also talked about the possible operation of the system. It was also agreed that the system's temporary turnover is set, pending on the outcome of the DPWH motion. Loay Mayor Leonides Tiongco hoped that the system would be opened and operational before the town fiesta in June.

 

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VOLUME XX No. 42
Tagbilaran City, Bohol, Philippines
April 30, 2006 issue