NWRB execs face complaints

An organization has filed complaints before the Office of the Ombudsman against four officials of the National Water Resources Board for alleged usurpation of public functions in the issuance of a water permit in the Municipality of Balilihan, Bohol.

The complainants – The Philippines Guardians Brotherhood represented by Virgilio Abayabay Castro – alleged that the NWRB officials issued an order acting with illegal authority as representatives of the NWRB despite their assertion that they are not "officially designated by law to be members of the NWRB."

Complaints were filed against Department of Environment and Natural Resources Undersecretary Atty. Analiza Rebuelta-Teh, National Economic Development Authority Undersecretary Rosemarie G. Edillion, Department of Justice Senior State Counsel Rosario Elena Laborte-Cuevas, and Department of Science and Technology director Juanito T. Batalon.

"The order upheld the validity of the water permit of the Municipality of Balilihan, stating that the inaccuracies in the application did not constitute willful non-compliance, in spite of the fact that Balilihan's misrepresentation should result in a summary revocation of the permit and that it lacked access to the water source," the complaint stated.

"The law designates that the NWRB is composed of Secretary of the Environment and Natural Resources, Secretary of Socio-Economic Planning, Secretary of Justice, Secretary of Finance, Secretary of Health, Director, National Hydraulic Research Center and University of the Philippines executive director, NWRB Secretariat," it added.

"Such official functions are sovereign acts given to specified persons and not to their representatives. Thus, the action of the respondents in acting as alleged representatives in the deliberation and signing of the said order is patently illegal."

The complaint stated that the respondents are "guilty of Usurpation of Official Functions as defined under Article 177 of the Revised Penal Code", with the signatories allegedly having no authority to act as members of the NWRB as defined by Executive Order 123 dated 12 September 2002.