THE Benguet Prosecutor's Office dismissed for lack of probable cause the charges filed against members of the indigenous peoples in Tuba, who were accused of diverting the water leading to the Asin hydro plants in Tuba.

In a resolution, Provincial Prosecutor William Bacoling dismissed the grave coercion and violation of the water code against Roger Sinot, Olga Dangwa, Sonny Copero, Miller Ogas, Macwied Lamsie, and Larry Lamsis, all alleged to have caused the shutting down of the city-owned Asin plants in February 14.

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Last March 19, the City Government, through Mayor Reinaldo Bautista, filed grave coercion and violation of the Water Code, particularly on the unauthorized obstruction of irrigation canal, against the five Tuba individuals.

"There is no probable cause established to indicate the respondents for the crime of grave coercion, as there was no showing the respondents employed violence, threat, or intimidation against the employees of the hydroelectric plant so they will shut down plants 1, 2, and 3," the prosecutor's resolution stated.

As to the violation of the Water Code, the prosecutor said: "There was no sufficient evidence presented to establish the existence of irrigation canals, as to the alleged deprivation of the farmers of water for their irrigation. As it is, it may well be that the farmers merely use hoses to get water from the plant for their garden plots."

Operators and guards at the power plants, in their affidavits, stated that they had to shut down the power plants because the water flowing into these facilities decreased due to the diversion initiated by the respondents.

The respondents, who claim ownership of the facilities where the power plants are located, in their counter-affidavits denied having diverted the water feeding the power plants.

"While it is true the acts of the respondents have caused damage to the city in the form of loss of revenue, the established facts do not point to the commission of a criminal act against the City of Baguio. As it is, with the arguments raised, the liability of the respondents is civil in nature," the prosecutor said.