DENR Decision on Richli Water vs LGU Balilihan, Bohol

Republic of the Philippines
Department of Environment and Natural Resources
NATIONAL WATER RESOURCES BOARD
8 Floor NIA Bldg. EDSA Diliman Quezon City, Philippines 1100

RICHLI CORPORATION, WATER USE CONFLICT
Petitioner/Protestant, CASE NO. 2021-011

- versus -

LOCAL GOVERNMENT UNIT OF IN RE: CWP NO. 01-22-20-008
BALILIHAN, BOHOL,
Respondent/Protestee.
x—-------------------------------------------x

RESOLUTION

For resolution is the Motion for Reconsideration (MR), dated 18 July 2022, and Supplemental MR, dated 19 September 2022, filed by the Local Government Unit of Balilihan (Respondent or LGU-Balilihan) on the Resolution dated 2 June 2022 rendered by the National Water Resources Board thru the Executive Director, the dispositive portion of which reads:

"WHEREFORE, premises considered, judgment is hereby rendered as follows:
1. For failure to comply with the requirement set forth under Section 9 of the Amended Implementing Rules and Regulations of P.D. 1067 or the Water Code of the Philippines, the Decision dated 14 September 2021 is hereby SET ASIDE.
2. Conditional Water Permit No. 01-22-20-008 issued to the Municipality of Balilihan is hereby CANCELLED/REVOKED without prejudice to the filing of application for water permit showing compliance with the cited provision.

SO ORDERED."

In its MR dated 18 July 2022, Movant-Respondent Local Government Unit Balilihan, Bohol (LGU Balilihan) alleged the following:

1. It provided accurate data and information and did not indicate that Bugwak Spring is located in Sto Niño, Balilihan;

2. The CWP enjoys the presumption of regularity as it passed through the application process and posting of notice takes the place of publication which is deemed as constructive notice of the application to the whole world, including petitioner Richli and LGU Sevilla;

3. There is substantial compliance with Section 9 of the Amended Implementing Rules and Regulation of the P.D. 1067 as it relied in good faith on the coordinates provided by the National Irrigation Administration (NIA), an agent of NWRB, in determining the extraction of its water source, and official notice was sent to Sevilla thru Mayor Dano on 17 May 2021 about the project of LGU Balilihan;

4. The defect was not mentioned in the ruling of NWRB dismissing the petition to cancel of Richli. Site validation is a function of NWRB to be conducted before CWP is approved with or without protest. There is lack of due diligence in verifying applications; and

5. It was not afforded due process because Richli committed the same mistake yet was only issued a Show Cause Order instead of cancellation.

On 03 August 2022, NWRB received an Opposition to the Motion for Reconsideration, dated 29 July 2022, filed by petitioner Richli Corporation (Richli), submitting as follows:

1. Good faith and negligence are not substitutes for compliance;

2. The Respondent was afforded due process in the revocation of its water permit, the fact that it was given a copy of the Petition, given a chance to answer and present its evidence, and file the motion for reconsideration is already due process;

3. Respondent has no access to the water source as it does not have lot beside the source of the water. The alleged barangay road is a private road owned by the petitioner-protestant Richli Corporation and the alleged permission given by BOHECO has not been presented in evidence; and

4. The Respondent has to show that it has ECC for the project in Sevilla, Bohol.

On 20 September 2022, LGU Balilihan filed a Supplemental MR dated 19 September 2022 alleging the following:

1. What cannot be legally done directly cannot be done indirectly - The petition to cancel the water permit is in effect a protest which was filed out of time. It enjoys the presumption of regularity and cannot be attacked unless by grounds that would warrant its suspension, cancellation or revocation under the Water Code;

2. LGU Balilihan had nothing to do with the determination of the coordinates - It was NIA, as agent of NWRB, which designated and assigned the coordinates of the diversion point of the water source. The same can be plainly seen in the application as "TO BE FILLED BY NWRB";

3. Posting of the notices is the obligation of the NWRB and not of the applicant Section 9 of the Amended IRR of the Water Code provides that the Board shall send notices to offices for posting in conspicuous places. LGU Balilihan also sent a letter to LGU Sevilla
regarding its water supply project which constitutes substantial compliance;

4. LGU Balilihan applied for the water source at Bugwak Spring and no other - Even if there is a seeming mistake on the technical coordinates, both LGU Balilihan and NWRB are in perfect understanding that the water source over which the water permit is being applied for is the same;

5. The penalty of cancellation of the CWP of LGU Balilihan is harsh under the prevailing facts - There is double standard when Richli was merely issued with a Show Cause Order when their CWP was found with inaccurate coordinates which is worse as it pertains to a different spring.

6. It was deprived of due process for lack of due notice and hearing under Article 29 of the Water Code when NWRB- The CWP of LGU Balilihan was cancelled not based on grounds raised in Richli's MR but only after the ocular inspection which doubles as a fishing expedition. No due regard was given towards notice and hearing;

7. There is no cause of action against LGU Balilihan - Articles 28, 29, and 90 of the Water Code and Articles 15 (g) (h) 👎, 20 and 89 or its IRR provides the specific grounds for the suspension, cancellation and revocation of water permits. Clearly, it was not among the grounds for cancellation;

8. Richli has no locus standi - Richli was not able to show any direct and material injury that it would suffer by virtue of the CWP issued in favor of LGU Balilihan. All structures were placed on public properties carefully and completely plotted by DENR and DPWH to ensure that private rights will be respected; and

9. Monopoly is unlawful and is frowned upon by the State - LGU Balilihan, Richli and even LGU Sevilla can mutually and beneficially co-exist. LGU Balilihan is pushing for competition in order to improve the delivery of water supply in the municipality;

10. Cancelling the CWP would set a bad precedent to LGUs and would put to waste public funds - LGUS' water development plans are not respected. LGUs deserve support and technical assistance from the national government. The public funds allocated for the project which has started construction since 2020 is nearing completion to date.

In response, Richli filed its Comment on the Supplemental MR on 7 October 2022, submitting the following:

1. Estoppel cannot lie against the government;

2. The grounds for suspension and revocation of a water permit under Article 28 and 29 of Presidential Decree No. 1067 or the Water Code are not exclusive; and

3. Richli has locus standi in the case as the owner of several lots traversed by the pipelines of the water project construction of LGU Balilihan.

With the filing of Richli's Comment on the Supplemental MR, the case is deemed submitted for resolution by the Board.

Pursuant to the Board Resolution No. 005-1000, delineating the authority of the Board, the Executive Director and the Division Chiefs, motions for reconsideration from resolutions/decisions of the Executive Director, shall be acted upon by the members of the Board.

This case stemmed from the Petition to Cancel the Conditional Water Permit No. 01-22-20-008 of LGU Balilihan filed by Richli on 5 October 2020.

On procedural grounds, the timeliness of the petition to cancel the subject CWP was already passed upon in both the Decision dated 14 September 2021 and Resolution dated 2 June 2022 issued by the Board.

Article 16 of P.D. 1067 or the Water Code of the Philippines (Water Code) provides that:

"ARTICLE 16. Any person who desires to obtain a water permit shall file an application with the Council who shall make known said application to the public for any protests.

In determining whether to grant or deny an application, the Council shall consider the following: protests filed, if any; prior permits granted; the availability of water; the water supply needed for beneficial use; possible adverse effects; land-use economics; and other relevant factors.

Upon approval of an application, a water permit shall be issued and recorded." (Emphasis supplied)

ARTICLE 17. The right to the use of water is deemed acquired as of the date of filing of the application for a water permit in case of approved permits, or as of the date of actual use in a case where no permit is required.

Section 9 of the Amended Implementing Rules and Regulations (IRR) of the Water Code states that:

"Section 9. Processing, Posting and Sending of Notices of Applications/Petitions - Upon receipt of an application or a petition, the Board shall process the same to determine completeness of the requirements prescribed in Section 5 hereof. Once completed, and upon payment of the filing fee, notices of the application/petition shall be posted in a conspicuous place in the office of the Board for a period of thirty (30) days. The Board shall also send notices to the following offices for posting in conspicuous places for the same period:

a) Barangay Chairman of the place where the point of diversion is located;

b) City of Municipal Secretary of the city or town where the point of diversion is located;

c) The Secretary of the SangguniangPanlalawigan of the province where the point of diversion is located;

d) Department of Public Works and Highways (DPWH) District Engineer or National Irrigation Administration (NIA) Provincial Irrigation Officer as the case may be.

Copies of the notices of application shall, likewise, be furnished to concerned Regional Offices of the Department of Public Works and Highways, National Irrigation Administration, National Power Corporation, Department of tres Environment and Natural Resources, and Local Water District Office, if there is one and such other agencies as may be specified by the Board." (Emphasis supplied)

Section 10(B) of the Amended IRR further states that:

"B. Protest on Applications - Any person who may be adversely affected by the proposed appropriation may file a verified protest with the Board within thirty (30) days after the last day of posting of Notice.

Protests to an application for water permit shall be governed by the rules prescribed for resolving water use controversies." (Emphasis supplied)

From the above provisions, it is evident that after an application to obtain a water permit has been made known to the public, any interested party must file his protest thereto in order that the application may be properly evaluated. Otherwise, after the application for a water permit has been approved, the grantee of the permit now acquires an exclusive right to use the water source, reckoned from the date of the filing of the application. Thus, after the grantee's right to the water permit has been properly adjudicated, the same may no longer be questioned.

To reiterate, no opposition/protest was received by the Board within the reglementary period to file the same against LGU Balilihan's water permit application. The CWP No. 01-22-20-008 was already issued in favor of LGU Balilihan on 22 January 2020 when Richli filed its Water Permit Application (WPA) No. VII-BOH-2019-11-054 and the Petition to Cancel LGU Balilihan's CWP No. 01-22-20-008 on 5 October 2020. Hence, on the ground of timeliness alone, Richli's Petition to Cancel LGU Balilihan's CWP should not be given due course.

The fact that the petition was filed out of time was not affected by the findings in the ocular inspection conducted on 2-3 December 2021 based on a request made by Richli on 16 November 2021. While the Order dated 30 May 2022 indicated that Bugwak Spring is located in Brgy. Magsaysay, Sevilla, Bohol (LGU Sevilla) and not in Sto. Niño, Balilihan, Bohol, which was the location indicated in the WPAs of both LGU Balilihan and Richli, the same did not change the fact that the period to file a protest has already lapsed in favor of LGU Balilihan.

It is within logic and common sense that notices for posting will not be sent to LGU Sevilla when LGU Balilihan filed its water permit application because, at the time, there was an inadvertent mistake on the coordinates provided by NIA stating that Bugwak Spring's location is in Sto. Niño, Balilihan, Bohol. Therefore, to require compliance with the posting requirement in Brgy. Magsaysay, Sevilla, Bohol based on an ocular inspection conducted after the permit was already issued would be to impose an impossible condition. The same is true for Richli's CWP.

The presumption of regularity in the performance of official duties is an aid to the effective and unhampered administration of government functions. Without such benefit, every official action could be negated with minimal effort from litigants, irrespective of merit or sufficiency of evidence to support such challenge. To this end, our body of jurisprudence has been consistent in requiring nothing short of clear and convincing evidence to the contrary to overthrow such presumption.

The issuance of CWP in favor of LGU Balilihan is presumed valid and regular absent any clear and convincing evidence from Richli that the issuance of CWP is done with grave abuse of discretion, malice, or undue favor in spite of existing irregularities. No such proof was forwarded by Richli when it filed its petition or protest because the mistake or defect in the application was found after the conduct of the ocular inspection long after the issuance of CWP. Hence, the permits already issued by the Board after undergoing the procedures and requirements provided by the Water Code and the Amended IRR of the Water Code are presumed valid and regular. They cannot therefore be attacked indirectly if the period for filing protests have already lapsed.

Anent the locus standi of Richli, Section 10(B) of the Amended IRR of the Water Code states that "any person who may be adversely affected by the proposed appropriation may file a verified protest with the Board within thirty (30) days after the last day of posting of Notice".

Richli submitted that it has locus standi as the owner of several lots traversed by the pipelines of the water project construction of LGU Balilihan. In proving the same, Richli merely submitted proof of purchase of lots in Sto. Niño, Balilihan, Bohol, acquired from one TomasaPajuta designated as Lot No. 8491 - PART covered by Tax Declaration No. 2016-06-0029-00233. Richli asserts that the barangay road within the said lot is a private road to which it will not allow LGU Balilihan to use.

On the other hand, LGU Balilihan stated that in order to verify the issue regarding the barangay road of Sto. Niño, Balilihan, an actual ground survey and verification/investigation on the site was conducted on 4-5 November 2021 attended by personnel from LGU Balilihan, DPWH and Brgy. Captain of Sto. Niño, Balilihan. It was confirmed that there is an existing barangay road which starts from the national road up to the BOHECO-1 JanopolHyrdo Electric Plant.

According to the PENR Officer For. Ariel Rica thru letter dated 8 November 2021, per ground verification, there is an existing concrete road in Sto. Niño, Balilihan which is a barangay road per approved cadastral map. Lots 23228 and 23225 both claimed by TomasaPajuta, the predecessor in interest of Richli. It is not titled/patented but the same are classified as alienable and disposable.

Based on the above submissions, TomasaPajuta, the predecessor-in-interest of Richli, could not be considered an owner of the barangay road which is neither titled nor patented. More importantly, besides the question of ownership over the barangay road, Richli failed to prove that it stands to be adversely affected by the CWP issued in favor of LGU Balilihan.

Article 18 of the Water Code provides that:

"ARTICLE 18. All water permits granted shall be subject to conditions of beneficial use, adequate standards of design and construction, and such other terms and conditions as may be imposed by the Council.

Such permits shall specify the maximum amount of water which may be diverted or withdrawn, the maximum rate of diversion or withdrawal, the time or times during the year when water may be diverted or withdrawn, the point or points of diversion or location of wells, the place of use, the purposes for which water may be used and such other requirements the Council deems desirable." (Emphasis supplied)

Article 20 of the Water Code further states that:

"ARTICLE 20. The measure and limit of appropriation of water shall be beneficial use.

Beneficial use of water is the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated." (Emphasis supplied)

The Board notes that during the ocular inspection conducted, it was found that Bugwak Spring has a discharge capacity of 6542.50 lps.3 Even considering the CWP No. 01-22-20-008 granted to LGU Balilihan in an amount not exceeding 227.18 lps for municipal use as well as other permittees' CWPS, i.e. LGU Sevilla (33.45 Ips) and Richli (894.47 lps.), there is more than enough water to sustain the beneficial use of intended water users as aptly pointed out in the Decision dated 14 September 2021. Hence, Richli's Petition is without basis as it failed to establish any prejudice or adverse effect on the appropriation of LGU Balilihan on the same water source. Water is public good and should be shared.

On substantive grounds, the issue to be resolved is whether the mistake in the coordinates in the water permit application of LGU Balilihan found after the issuance of a CWP No. 01-22-20-008 may be a ground for summary cancellation of the permit.

We rule in the negative.

Article 30 of the Water Code provides that:

"ARTICLE 30. All water permits are subject to modification or cancellation by the Council, after due notice and hearing, in favor of a project of greater beneficial use or for multi-purpose development, and a water permittee who suffers thereby shall be duly compensated by the entity or person in whose favor the cancellation was made." (Emphasis supplied)

Section 89 of the Amended IRR of the Water Code further provides as follows:

"Section 89. Summary Revocation/Suspension - Water permits or other rights to use the water may be revoked or suspended summarily by the Board if any of the following facts and/or conditions exists:

a) That the suspension or revocation will redound to greater public interest, public health or safety;

b) That the acts complained of are grossly illegal per se;

c) That the violative act is the second offense on record involving the same infraction;

d) That the non-observance of or non-compliance with the rules, order or regulation is willful and deliberate;

e) When there is a prima facie showing that the non-observance of any standard for the beneficial use of water or non-compliance with any of the terms or conditions in a water permit or water rights granted is prejudicial to the life and property of third person;

f) When the suspension or revocation thereof is sought by an injured party, provided he files a bond to cover any damage which maybe sustained by the permittee or grantee arising from such summary revocation/suspension;

g) In times of emergency, where there is a prima facie showing that the use of water by the permittee/grantee is wasteful;

h) When health authorities so recommend to prevent or control the spread of disease due to inadequate facilities;

i) When in a decision of a competent court, the revocation or suspension of the water permit or grant is ordered or recommended; and

j) Such other serious offenses or gross violations and infractions as the Board stal may decide." (Emphases supplied)

While the Board agrees with Richli's submission that the grounds for suspension and revocation of water permits are not exclusive, the Board holds that the mistake in the coordinates provided by NIA is not the willful and deliberate non-observance of or non-compliance with the rules, order or regulations deserving of a summary revocation/cancellation contemplated above.

To summarily revoke or cancel LGU Balilihan's CWP based on a mistake it did not commit in the first place would result in grave injustice and inequity. The Board likewise notes that LGU Balilihan's Water Supply Project - which is a part of the 25-Year Bulk Water Masterplan of the Municipality of Balilihan - is infused with funds from the National Government worth Ninety-Five Million Pesos (PHP95,000,000.00) and is nearing completion.

Finally, on Richli's allegation that LGU Balilihan has no access to the water source because it does not own lots beside the water source, the Board considered Article 25 of the Water Code in relation to Section 5(A)(1) of the Amended IRR of the Water Code, viz:

"ARTICLE 25. A holder of a water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of the waters to be appropriated subject to the requirements of just compensation and to the following conditions:

a. That he is the owner, lessee, mortgagee or one having real right over the land upon which he proposes to use water; and

b. That the proposed easement is the most convenient and the least onerous to the servient estate.

Easements relating to the appropriation and use of waters may be modified by agreement of the contracting parties provided the same is not contrary to law or prejudicial to third persons." (Emphases supplied)

"Section 5. Form and Requirements of Application - All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following:

A. Water Permit for Municipal Use

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated; xxx" (Emphasis supplied)

Based on the above provisions, ownership of lots beside the water source is not a requirement. It is sufficient that an applicant has a real right over the land upon which water is proposed to be used. The Board notes the submission of LGU Balilihan that it will utilize an unclassified dry land which forms part of public land, adjoining corner 10 of Lot 23225 and corner 7 of the Lot 23228 with an area of 2,861 sqm., to install the pipelines from the end of the barangay road down to the Bugwak Spring¹, and that LGU Balilihan's nationally funded infrastructure project for the rehabilitation of an existing water supply and construction of new water supply system will not pass through Richli's alleged properties.5 He who asserts - not he who denies-must prove. To date, no proof was submitted by Richli to establish that LGU Balilihan has no access to the water source.

IN VIEW OF THE FOREGOING, the Motion for Reconsideration filed by LGU Balilihan is hereby GRANTED. The Resolution dated 2 June 2022 is hereby SET ASIDE.
The Decision dated 14 September 2021 dismissing the Petition to Cancel Water Permit is REINSTATED.

SO ORDERED.

20 January 2023, Quezon City, Metro Manila.

MA. ANTONIA YULO-LOYZAGA
Chairman
Secretary, Department of Environment and Natural Resources

ATTY. ANALIZA REBUELTA-TEH
Representative
Undersecretary, DENR

PAL expands Cebu hub with new routes

Happening Now: Media Presscon at Radisson Blu today.   PAL expands Cebu hub with new routes, pioneer services

By Minerva Newman

CEBU CITY— Philippine Airlines (PAL) Philippine Airlines is expanding its Cebu hub and pioneering services as it launched new connections to Baguio, Borongan, Bangkok and BARMM in Dec 2022, with its "Larga Ta, Cebu!"campaign, introducing brand new regional and domestic routes out of Mactan-Cebu International Airport.

For December 2022, the Philippine flag carrier is pioneering services to link Cebu with Baguio in northern Luzon and Borongan in Eastern Samar. 

PAL will also connect Cebu with Cotabato City and Tawi-Tawi, the key commercial and tourist gateways for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

Internationally, PAL is resuming flights between Cebu and Bangkok on December 9, adding a new regional connection to PAL's existing flights between Cebu and Tokyo's Narita Airport.

"Philippine Airlines hopes to build up Cebu as the Queen of Gateways, strategically positioned as the ideal gateway to the tourist islands and provincial economic centers of the Visayas and Mindanao, and beyond to Northern Luzon and Palawan," PAL President and Chief Operating Officer Capt.

Stanley Ng said during a press conference at Cebu's Radisson Blu hotel. 

"We aim to fly in visitors from

overseas and give them easy access to holiday resorts, business hubs and emerging economic centers throughout the Philippines via Cebu," Rabbi Ang, OIC-President of PAL Express.

Ang added, PAL's goal is to revitalize domestic travel and economic development by leveraging the strength of the Queen City of the South and enhancing its connectivity to all corners of the nation.  This is a vital step in support of the government's thrust to revitalize Philippine tourism and the national economy. 

From Mactan-Cebu, Philippine Airlines will offer more than 200 weekly flights to 19 destinations, comprising 17 cities in the Philippines as well as Bangkok and Tokyo. Philippine Airlines

Ateneo de Davao Electronics Engineers Passers

Congratulations to our new Electronics Engineers. Out of the 2,644 takers, 6 of our alumni passed the October 2022 Electronics Engineer Licensure Examination!

Engr. Nil Marc Badilles

Engr. Martin Benjamin Bonleon

Engr. Rafael Angelo Buensuceso

Engr. Edrian Cedrick De Leon

Engr. Trazon Guda III

Engr. Jayson James Pedrajas

AdDU Passing Rate: 6/12 (50.00%)

National Passing Rate: 785/2,644 (29.69%)

Kudos to Engr. Martin Benjamin Bonleon for ranking 6th in the Electronics Engineer Licensure Examination and 3rd in the Electronics Technician Licensure Examination.

Congratulations as well to the faculty and staff of the Electronics Engineering Department headed by Dr. Jenith L. Banluta

Your AdDU School of Engineering and Architecture is proud of you! 

#AdDUSEA

#AdDU

#electronicsengineering

#PRCExamResults

Foreign Borrowing of the Philippines

Monetary Board Approved US$178.10 Million Foreign Borrowing of the Public Sector in Q3 2022

For the period July to September 2022, the Monetary Board (MB) approved one (1) public sector foreign borrowing of US$178.10 million. This is 96 percent lower than the borrowings approved in the same period in 2021 amounting to US$4.66 billion and 95 percent lower than the approvals in the second quarter of 2022 amounting to US$3.54 billion. This borrowing of the Republic of the Philippines will fund the National Government's (NG) multisectoral nutrition project.

Under Section 20, Article VII of the 1987 Constitution of the Republic of the Philippines, prior approval of the Bangko Sentral ng Pilipinas (BSP), through its MB, is required for all foreign loans to be contracted or guaranteed by the Republic of the Philippines. Similarly, Letter of Instructions No. 158 dated 21 January 1974 requires all foreign borrowing proposals by the NG, government agencies and government financial institutions to be submitted for approval-in-principle by the MB before commencement of actual negotiations. The BSP promotes the judicious use of the resources and ensures that external debt requirements are at manageable levels, to support external debt sustainability.

Potential disruptions from global developments

FSCC REMAINS VIGILANT AGAINST SYSTEMIC RISKS

The Financial Stability Coordination Council (FSCC) remains vigilant against potential disruptions from global developments to ensure that Filipinos can rely on a functioning financial system.

"The Council will always choose to be pre-emptive against possible systemic risks," assured FSCC Chairman and Bangko Sentral ng Pilipinas Governor Benjamin E. Diokno during the recent meeting of FSCC, which also reaffirmed the country's strong domestic economic performance.

"The global outlook has changed significantly downwards over the last six months, and yet our Q1 growth was a strong 8.3 percent year-on-year. This reflects the resilience of the local economy," explained Governor Diokno.

The FSCC also noted that with Q1 growth outperforming market expectations, prospects for the economy differ significantly from global trends; and that the local growth momentum is expected to be sustained despite fluidity of markets worldwide.

This was validated by the recent International Monetary Fund statement which showed a higher growth forecast for 2022 for the country despite a significant reduction in global growth.

The FSCC noted that the rest of the world is already feeling the pressure from rising fuel costs and the recent policy actions of the US Federal Reserve.

The FSCC is an inter-agency council comprised of the BSP, the Department of Finance, the Insurance Commission, the Philippine Deposit Insurance Corporation, and the Securities and Exchange Commission. It is the venue for financial market authorities to identify, monitor, manage, and mitigate the build-up of systemic risks in the Philippine financial system.     

Libel Case Filed by Samar Governor

STATEMENT ON THE LIBEL CASE FILED BY SAMAR GOVERNOR MICHAEL TAN AGAINST REPORTERS JAZMIN BONIFACIO AND GABRIEL CEJAS AND ITS DISMISSAL.

(May 25,2022)

Eastern Visayas News and Metro Tacloban Times faced squarely and with pride the libel case filed last March 4, 2022 by Samar Gov. Michael Tan , against reporters/journalists Jazmin Bonifacio and Gabriel Cejas relative to the airing of the "Reporter's Diary, episode 1- titled " An Kasakit han Samar "  (The Agony of Samar) via the said media outfits. 

Mayo 17, 2022 nakarawat han Eastern Visayas News ngan Metro Tacloban Times an desisyon han Catbalogan Prosecutors Office kasumpay han Libel nga kaso nga igin sampa kontra ha ira. Diin gin disisyonan han piskaliya han Catbalogan  nga IGBASURA ( DISMISS) an nasabi nga kaso.

 EV News and Metro Tacloban Times would like to express our thanks, First, to God,  for you have never failed us, giving us the courage and strength in times when we are weak.

Ha Piskaliya han Catbalogan nga nag tratar hin patas nga pag tagad han amon kaso.

Ngadto han amon legal counsel,  Atty. Alma Uy, thank you so much for your hard work, you worked tirelessly to ensure the best possible outcome han amon kaso, and we can't thank you enough.

To our friends, Atty. Edgar Navales, Atty. Annie Rose Labine, to  Mirriam Desacada of Phil. Star, Ronnie Yanuario of Magic Fm & to our Rappler Family,  and all the followers of EV News and Metro Tacloban Times, who stood for us, when there was none by our side. Thank you for all the support and love.

Transparency and accountability are non-negotiable.

Eastern Visayas News and Metro Tacloban Times, together with Jazmin Bonifacio and Gabriel Cejas will not be cowed by libel case which is clearly meant to harass and force them to stop airing the misfeasance, malfeasance and corruption committed by those in the government especially against those people who controls the reigns of the provincial government. Instead, the filing of the libel case/s against the Eastern Visayas News and Metro Tacloban Times, and against Jazmin Bonifacio and Gabriel Cejas, will not deter them, and all the more give them more zealousness and courage, to make public truthful  and issues and concerns that affect the interest of the people of Samar. It is the best interest of all the people of Eastern Visayas, and the people of the Province of Samar in particular, that the EV News and MT Times, and Jazmin Bonifacio and Gabriel Cejas, take pride in protecting above all other interests, political or otherwise. 

We will not stop bringing to light and to the knowledge of the people of Samar all the evils of governance committed by all the public officials who put their personal interests above the interest of the people whom they swear to protect.

JAZMIN BONIFACIO | GABRIEL CEJAS

Eastern Visayas News & Metro Tacloban Times

Manny Piñol Sorghum Contract Growing Starts In Central Mindanao

First 2,000 hectares by Manny Piñol

Sorghum Contract Growing

Starts In Central Mindanao

Even outside of government, I am pursuing the Sorghum Development Program which I believe would ease the pressure on the livestock, poultry and aquaculture industry because of the high cost of feeds and the unpredicatabiity of the supplies of raw materials.

Starting next month, a small agri-aqua ventures group which I have formed, will engage farmers with areas totaling 2,000 hectares in a contract growing scheme for Sorghum. 

The Sorghum seeds from Scott Seeds of Hereford. Texas have arrived and I will be flying to the US this week to finalize the seeds supply agreement between my group of Scott Seeds.

Sorghum is a grass which produces grains with high protein content and is used in the production of animal, poultry and aqua feeds.

When I was Secretary of Agriculture, I reintroduced Sorghum in the Philippines hoping that this would help boost the local poultry, livestock and aqua industries.

A budget of P100-M was allocated to start the program following successful field tests but when I resigned from the Dept. of Agriculture, the funds were realigned to other programs.

Today, as prices of corn and wheat skyrocketed and the supply had become unpredictable, the best option for us is to plant Sorghum.

Under the Contract Growing Scheme which I designed, we will select farmers who are willing to venture into Sorghum farming.

The farmers will be provided with Sorghum seeds payable after while their counterpart would be land preparation, planting and harvesting.

My group will buy the Sorghum produced by the farmers at an agreed price not lower than P12 per kilo which, assuming that his average harvest is 6-metric tons, would earn him a gross of P72,000 per hectare.

The good thing about Sorghum is its ability to survive with less water, the low-cost of seeds and it could harvested three times without replanting.

The additional benefits would be the stalks to be used as animal silage which could provide the farmer an additional income.

This program will be initially concentrated in areas surrounding our small village-level feed mill in Kidapawan City which means that the idea planting areas would be in North Cotabato, Davao Del Sur, Maguindanao, South Cotabato and Sultan Kudarat.

An orientation seminar will be conducted before the launching of the program.

#KungGustoMaramingParaan!

#TargetFoodSufficiency!

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Manny Pacquiao as PDP Labat Presidential Candidate

PRESS RELEASE

20 September 2021

 

"Tragic" ending for Pacquiao's prexy bid seen

 

Senator Manny Pacquiao's foray into the 2022 presidential derby could end up tragically for him, PDP Laban Secretary General Atty. Melvin Matibag said Monday.

 

In a virtual press briefing, Matibag insisted that the supposed national convention held by the faction of Senators Pacquiao and Aquilino Pimentel III—where the former accepted his nomination as presidential candidate---failed to comply with the ruling party's constitution and thus, illegal.

 

"We are not surprised; we expect them to do that. The ouster of President (Rodrigo) Duterte (as party chairman), that was a comedy. The proclamation (of Pacquiao), that's drama. Hopefully, it would not end up for them as a tragedy," Matibag said.

 

By "tragedy" Matibag said he means the prospect of Pacquiao's defeat in the legal battle for legitimacy before the Commission on Elections but also of losing in the 2022 national elections.

 

Matibag expressed confidence the Comelec would eventually decide in favor of their petition seeking to declare as illegitimate the claim of Pacquiao and Pimentel are rightful officers of PDP Laban.

 

He noted that under PDP Laban's constitution, drafted by Pimentel himself, only the party chairman has authority to call a national council, which in turn is the only body that can convene a national assembly to elect the party's officers.

 

Matibag noted that in both the Sworn Information Update Statement (SIUS) that his group submitted to the Comelec on 05 August 2021 and that of Pacquiao's faction submitted on 19 July 2021 named President Duterte as the party chairman.

 

"That was the reason why they supposedly ousted President Duterte as chairman and replaced him with Sen. Pimentel to give them a semblance of authority to call a national council meeting. But the SIUS they filed is a declaration against their own interest," he explained.

 

Matibag also said it was wrong for Sen. Pimentel to accuse the party's wing led by Energy Secretary Alfonso Cusi of trying to "hijack" the party.

 

"If there is anybody who is not an original member of the party who wants to wrest its leadership it's Sen. Pacquiao," Matibag said.

 

 

He noted that before becoming a PDP Laban member Pacquaio came from the Liberal Party. Before joining LP, Pacquiao was a member of the Nacionalista Party.

 

 

"As to Sen. Pimentel, he would not be a Senate President had it not been for President Duterte. When the Senate Presidency was being contested between him and (the) Sen. Alan Peter Cayetano, Pacquiao initially supported Cayetano," Matibag recalled.

 

Matibag added that when Pimentel was ousted as Senate President, Pacquiao signed the resolution in support of the change in leadership of the Upper Chamber.

 

According to reports Pacquiao was among the top absentees in the House of Representatives during the 16th Congress as well as in the Senate, particularly  in the Third Session of the 17th Congress. Another report noted that in his 12 years as lawmaker, no significant piece of legislation can be truly identified with Pacquiao.

 

It was estimated that under the 2020 budget, taxpayers spent nearly P396 million for each of the 24 senators, their staff and consultants, and Senate employees.

 

Meanwhile, Matibag noted that PDP Laban's legal department is investigating Pacquiao in connection with the attempt to change his regional party People's Champ Movement (PCM) into a national party to back the senator's plans for 2022.

 

Reymar Mansilungan, PDP Laban Livelihood Committee chairman, membership in another national party is ground for automatic expulsion under the constitution of PDP Laban.

 

Matibag also bared Pimentel's attempt to register the humanitarian arm of the ruling party, known as PDP Cares, as a party list in support of his political agenda.

 

PDP Cares was established by former House Speaker Pantaleon Alvarez and was eventually headed by Pimentel's partner, Kathryna Yu.

 

"Now who's greedy for power?" Matibag said.

 

While PDP Laban led by Sec. Cusi tried to reach out to Pacquiao to iron out their differences, Matibag said reconciliation may be too late at this stage. noting the senator had already been acting "like an opposition candidate."

 

Likewise, Matibag said PDP Laban remains hopeful that Sen. Christopher Lawrence "Bong" Go, would change his mind and eventually accept his nomination as candidate for President of the ruling party in the 2022 elections.

 

"As we said before we will wait for his (Go's) Decision. We have enough time. Remember what he said before: he leaves his fate to God and the Dutertes and also that he might run for President if President Duterte were his vice-presidential running mate," Matibag said.

 

On the other hand, Matibag denied that there are talks for a possible tandem between former Senator Ferdinand "Bongbong" Marcos, Jr. and President Duterte.

 

"We have heard of such reports but, personally, I can tell you that there are no official discussions on such matter," Matibag said. ####

Reference: Melvin Matibag                                                                 

Secretary General

09178063523