CEBU, Philippines -Daanbantayan Mayor Maria Luisa Loot and several other municipal and barangay officials have been charged administratively before the Office of the Ombudsman-Visayas for closing the waterworks system in Barangay Tapilon, Daanbantayan last April 25.
Claro Benatiro, chairman of the Board of Directors of Tapilon Rural Waterworks and Sanitation Association (TARWASA) Incorporated, alleged that Loot violated the law when she insisted to padlock their waterworks system despite a status quo order from the court.
Benatiro said Loot and the other respondents ignored the status quo order issued by the Regional Trial Court (RTC) in Bogo City for Loot to refrain from implementing the cease and desist order against TARWASA pending resolution of the case, which is pending before the court.
The other respondents in the administrative case before the Ombudsman are municipal Councilor Zenas Dublin, municipal administrator Mamerto Rodrigo, Tapilon barangay captain Arturo Conejos, barangay councilmen Sauhl Dionne Punay, Prospero Alalim, Expedito Dualos, Tiburcio Monzales, Rodelio Eturma, Paquito Diano, Mark Anthony Luche and several municipal employees who implemented the mayor’s closure order.
Loot claimed earlier that the water system lacks the certificate of franchise from the Local Water Utilities Administration (LWUA), the government agency tasked to supervise the operation of rural waterworks and sanitation associations. The system also allegedly failed to secure franchise from the National Water Resources Board.
But Benatiro argued that Loot should comply with the court’s order and her move to close the waterworks system last April 25 is a “clear display of arrogance, tyranny, grave abuse of authority, oppresive conduct and violation of the property rights.”
Benatiro claimed that under Executive Order 869, the rural waterworks are exempted from obtaining national and local permits, including national and local taxes.
Loot said the closure of the barangay waterworks system in Tapilon is due to the failure of its officials to secure the necessary authority to operate and had no permit from the municipality.
Benatiro, a former police official, asked the graft investigators to place Loot and the other respondents under preventive suspension so they could not use their position to intimidate and harass the complainants TARWASA officers and employees, much more to their witnesses.
Because the complaint of Benatiro was filed only last Tuesday, the respondents have not yet received copies of the complaints. A similar case is also pending before the RTC in Bogo City.
Benatiro said the acts shown by Loot and the other respondents that resulted to the untimely stoppage of the water distribution of the water supply is a clear violation of the law.
In an interview with The FREEMAN, Loot said the case against her is political harassment, considering that a case on the same issue is still pending in court. She insisted that the municipal government was simply exercising its responsibility to deny the operation in the absence of a certificate of franchise.
She said she will answer the charges when directed to do so by the Ombudsman, but warned she will get back at those who had subjected her to unnecessary hassle.
“Ako ra na tubagon. Didto makita kung asa ang administrative (violation)…. Klaro kayo… purely harassment…kung wala silay mai-prove nako, panilngon nako sila sa tanang kahasol nga ilang gihatag nako,” Loot said. — (FREEMAN)