WE FINALLY come to the last article of this series. I hope that everyone who read the previous four articles has been enlightened and able to discern what’s best for Balilihan given the stipulations of the MOA. After all, we are blessed with intellect. What remains to be seen is our commitment to uphold what’s right, what’s just, and what’s best for our municipality.
Like I said, my mother, the late Rosalinda Lungay Sales, PhD, was a daughter of Balilihan, and I spent many summers and Christmases together with Lolo Cresing Lungay and Lola Pat Calope in their old home in Balilihan, thus, I have strong ties and loyalty for the place.
Now, we proceed to the final points raised by our resource lawyer.
“VI. TERM AND EFFECTIVITY OF THE AGREEMENT
3. Any fraudulent act or omission or illegal activity made by either party shall be considered as a breach of contract and a ground for rescission or annulment of this agreement.
4. Amendment or modification of this agreement or any additional obligation assumed by either party in connection with this Agreement shall be binding only if in writing and signed by the authorized representatives of the parties.”
Comment: ANY AMENDMENT SHOULD BE APPROVED BY THE SB.
“5. If any provision or stipulation of this Agreement shall be held or declared invalid by a competent authority, the other provisions or stipulations hereof not so declared shall remain in full force and effect until the full term of this Agreement. “
Comment: IT SEEMS THAT THE OVERALL DESIGN OF THE MOA IS NOT IN ACCORDANCE WITH THE LAW. It is not clear why Balilihan should be the one to apply for water permit on behalf of BWUI when BWUI can apply on its own.
According to NWRB guidelines, the LGU may transfer or lease the water permit, but sharing of water permit is not provided in the rules.
The intention is not clear as to why the need to circumvent the water permit application process. If the water permit is in Balilihan’s name, then what is the mode of transfer to BWUI? If it is actual transfer, then Balilihan can no longer extract for its own purpose since the permit has already been transferred. If it is through lease, then a SEPARATE lease payment of water permit should be imposed, which should be ON TOP of the extraction fee. But if under lease, Balilihan, can no longer extract for its own purpose.
It seems that the intent to let Balilihan apply for water permit is to enable it to maintain its right to extract in the areas where BWUI is extracting/seeks to extract. But if two parties extract using one permit, then who is accountable to NWRB? And will it not result to further degradation of the environment?
On a final note, our resource lawyer has this to say: “OPEN THE PROJECT FOR PUBLIC BIDDING. The company RICHLI, has previously expressed interest in the same project but was turned down by the LGU. Considering that there is another company interested in the same project, should not the Municipality open this project for public bidding instead, under RA 9184? Doing so will put Balilihan in a more advantageous position; it will enable Balilihan to demand terms more beneficial for the town and its people.”
And that concludes the series.
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Yesterday, my new Radio Talk Show, “Woman Talk” aired on 98.3 Home Radio General Santos. It airs Tuesday, Thursday, and Saturday at 4 P.M. – 6 P.M. It is also carried live via my FB Page, Belinda Sales Canlas / Columnist, Woman Lens. It’s been two years since I last hosted two TV shows and I must say I have missed hosting. So, thank God for this opportunity.
Our guest yesterday was Representative Shirlyn L. Bañas-Nograles of the 1st District, South Cotabato and General Santos City. We have an exciting array of speakers guesting on Woman Talk so we invite our readers to tune in.
Yes, that’s right, tune in! With technology – the internet – the world has shrunk – we now live in a flat world! Thanks to technology, everyone, just about everyone, can connect with anyone else! The distance is covered! Isn’t that a blessing? It is!
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Writer can be reached at belindabelsales@gmail.com. Twitter @ShilohRuthie./PN
