Lawyer: DPWH can be sued

IT’S legally possible that the Department of Public Works and Highways in (DPWH)-Northern Mindanao may face charges for changing the agreed road access plan without public consultation, according to the lawyer of the three property owners complaining of a road project in Barangay Bulua, Cagayan de Oro City.

Lawyer Dale Mordeno, the property owners’ lawyer reminds the DPWH that in its right of way acquisition manual, it is mandatory to conduct public consultation meetings before starting a project.

“It is clearly provided in the DPWH manual, that the consultations are there to avoid certain individuals or groups from maneuvering conditions to work for their personal interest,” Mordeno said.

The DPWH is currently working on a road project in Barangay Bulua, near the Land Transportation Office (LTO), which will connect the coastal road to Barangay Canitoan.

Mordeno said the original proposal, which was already agreed by the affected parties, is partially implemented but the work suddenly stopped to accommodate the new proposal.

“We are wasting government funds to change to another plan. I hope the DPWH will not be mistaken by it, otherwise they are courting cases before the Ombudsman, I hope you can relay this to the higher ups because we are very certain to run after those responsible,” Mordeno told DPWH engineer Leowald Pecore, in a committee hearing Thursday, April 11, of the public works committee.

The new plan will now traverse the property of Jose Gabriel “Pompee” La Viña, who is currently running for mayor. It can also be noted that Mordeno is also representing as legal counsel of incumbent mayor Oscar Moreno for his graft cases, this also makes Moreno and La Viña rivals in this year’s elections.

La Viña already denied the claims that he has manipulated the project, saying that he did not object believing that it can serve the public.

DPWH-Northern Mindanao engineer Leowald Pecore agreed that the ideal road plan is the first one, he pointed out that the revised road is also practical because it won’t affect many houses.

Pecore said they are currently expropriating the properties that is in the way of the revised plan of the project.

Meanwhile, Councilor Zaldy Ocon who exposed the issue in a special report, said that a miracle must have happened between La Viña and the DPWH for working on the project without a public consultation first.

“Dili man pwede magbuot si Pompee ug ang regional director sa DPWH nga sila lang ang magsabot-sabot, kinahanglan ang katawhan sa area ang masunod (it’s not acceptable that Pompee and the regional director of DPWH-10 would just agree among themselves, it’s the people that should be followed),” he said.

For his part, La Viña dismissed the accusations and said these are all politically-motivated.

La Viña recounted that in May 2016, the DPWH informed him that a road project will affect his property. La Viña said, without hesitation, he donated about 2,000 square meters of his property to DWPH to start the project.

The mayoralty candidate questioned Balvin’s motive, saying he is only the care taker of the property owned by Norberto Gozales, former Defense Secretary.

He said this was done with due process, with a consultation between him, the DPWH, and the Gonzales family.

“Ako naman hinuon ang gihimung dautan nila nga ako man gani ang agrabyado kay kung kana akung yuta ako kanang gipabayran moabut sa P20 million ang kantidad ana apan akung batasan nga nasunod ko sa akong mga ginikanan nga modonar gyud ug luna alang sa kaarangan sa Kagayanon,” La Viña said.

(They are making me look evil, when I am the one here being aggravated. Had my property been asked to be sold, it would run for P20 million value, but I was raised by my parents to donate properties for the improvement of Cagayan de Oro)

He also belied claims that he cussed Balvin.

“Dili kana tinuod nga ako kana siyang gipasakitan. Unsa man intawon kapasidad ko pagpasakit nga mga contractor diha nasayud kinsa ang hawod diha? Kana siya kay gapangilkil kun naay mosulod nga mga backhoe ug mga heavy equipment. Dili niya pasudlon,” La Viña added.

(It is not true that I hurt him. What is my capacity to hurt contractors? They are aware who the experts are in pocketing bribes, who do not allow backhoes and other equipment to enter)

La Viña insinuated that because he gave his property freely, DPWH chose to modify the access road project. Although he did not name who are the officials he was referring to be getting “kick-backs.”

“Giharangan niya ang DPWH kay wala nag-comply sa iyang gusto nga corruption. Siyempre pilion gyud sa DPWH kung asa sila maka minus sa gasto, so kay naa may libre gikan sa akong propridad ila to gi took as an option,” he said.

(They are blocking the DPWH because the latter did not comply with the corruption they wanted. Of course, DPWH would go after options that could minimize the cost, and when there was a free coming from our property, they took it as an option)

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