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Thursday, June 29, 2006
Further study on creation of water plant in La Trinidad sought
BENGUET Governor Borromeo Melchor was asked on Wednesday to further scrutinize the proposed memorandum of agreement (MOA) on the construction of a water treatment plant to irrigate the strawberry fields in Barangay Betag, La Trinidad.
Provincial Legal Officer Leticia Guttierez-Duran said there are provisions in the contract that need to be weighed first to determine if these would be for the advantage of the province and the supposed beneficiaries.
Duran also said the MOA forged between the Japan International Cooperation Agency (Jica) and the Provincial Government relative to the deep well constructed purposely to irrigate the strawberry farms should be reviewed first since it may also have legal implications.
The La Trinidad Water District (LTWD) intends to construct a waste water treatment plant and rehabilitate the deep well on condition that the utility will gain ownership of the facilities as well as the lot where the plant will be put up.
"It is presumed that there is a MOA with (Jica) regarding the project. The agreement, if any, and the MOA on the turnover of the project shall first be studied to determine the legal implication of the (new proposed) agreement. If this (Jica-Benguet) contract is still subsisting, it may be with propriety that prior revision or revocation, as the case may be, shall first be done, otherwise the province may be opened to some liabilities," Duran said in a letter to Provincial Administrator Modesto Andong.
She also said the provision, where the LTWD manifested that it would supply government offices at Wangal with water free of charge as long as these agencies do not go beyond the minimum consumption of 10 cubic meters, has no bearing.
"The regular or average consumption of the provincial properties are way beyond the offer. Likewise, it is also observed that there is ambiguity if the supply of water to be produced from the waste water treatment plant would also be free (of charge) for the farmers," she said.
The Provincial Board (PB) committee on legal matters recommended that the contract be returned to the governor since the duty to weigh its advantages and disadvantages falls under an executive function.
The proposed MOA would be forged between the Provincial Government, the LTWD, the Municipal Government of La Trinidad, the Benguet State University (BSU), the National Irrigation Administration (NIA), and farmers' association.
Under the contract, the water utility will construct the water treatment plant in barangay Betag and rehabilitate the Jica-funded deep well at Wangal, provided that it would own the facilities and the 96-square meter BSU lot where the plant would be situated.
The treatment plant intends to provide irrigation for the strawberry farms in Betag. Majority of the land cultivated for strawberry is owned by BSU. (JC)
(June 29, 2006 issue)
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