REPUBLIC OF BAGONG BAYAN

REGIONAL TRIAL COURT OF DIWATA

PROVINCE OF ENKANTO

ITIGIL ANG MAHIWAGA DAM FOR: ISSUANCE OF

COALITION (IMDC), MAHAL KONG ENVIRONMENTAL
KALIKASAN FOUNDATION PROTECTION ORDER AND
(MKKF), LUBHANG MATAHIMIK WRIT OF CONTINUING
AND MR. MALUPA, MANDAMUS
Plaintiffs/Petitioners.

-versus -

2BIG WATERWORKS SYSTEM, Environmental Special Civil

DEPARTMENT OF PUBLIC WORKS Action No. 2022-57
AND HIGHWAYS (DPWH),
MUNICIPALITY OF DIWATA Rep.
By Mayor KATHANG ISIP,
Defendants/Respondents

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PRE-TRIAL BRIEF
(For the Defendants/Respondents)

WITH ALL DUE RESPECT TO THE HONORABLE COURT.

Undersigned counsels for the defendants/respondents most respectfully

submit this Pre-Trial Brief for the above entitled case as follows:

A. POSSIBILITY OF SETTLEMENT

Defendants/Respondents are very much willing to enter into an amicable

settlement and explore all possible avenues, including the submission of the case to
any of the alternative modes of dispute resolution or referral to a commissioner or
panel of experts.

Defendants/Respondents desire to proceed with the Mahiwaga Dam Project

because we cannot put aside also the need of water in the Metropolitan City of
Bayani. Just as we need to preserve our environment, the need of the people in the
City is equally important. Granting without admitting that the EIS is flawed, the
other party may engage their own independent professionals, at their own expense,
to sit down with the professionals of the defendants/respondents and review the
EIS of the project to determine its viability and may provide their inputs, if need
be, the common goal being that to preserve nature while proceeding with the

Pre-trial Brief for Defendants/Respondents: Page 1 of 6

project and if impact could not be avoided, to suggest actions and precautions not
addressed in the EIS to minimize if not obliterate impacts in the environment and
the communities.

The EIS fully covers intensive study on the Project Site such as
geology/hydrogeology, demographics, concentration of biodiversity, idle
lands/portion of the affected area, road plans, existence of settlements, housing,
communication, occupation, health care facilities and services, waste disposal,
morbidity/mortality patterns, community consultation, potential ecological, socio-
economic and health impacts with their respective mitigation measures, waste
management plan, environmental monitoring plan, management and man power
plan, abandonment plan, among others therein addressed.

B. SUMMARY OF ADMITTED FACTS

1. Existence of a foreign loan obtained by the government of the Republic

of Bagong Bayan through the economic aid portfolio of the government
of the Republic of Sino. The loan amounts to P12Billion which shall fund
the construction of the Mahiwaga Dam Project.

2. The construction of the Mahiwaga Dam Project is awarded to

defendant/respondent 2Big Waterworks System.

3. The Mahiwaga Dam Project will address the looming water shortage in
the Metropolitan City of Bayani.

4. Mahiwaga Dam Project is expected to deliver 800 Million Liters of

Water pr day to the Metropolitan City of Bayani.

5. Defendant/Respondent DENR granted and issued Environmental

Compliance Certificate (ECC) in favor of 2Big Waterworks System.

6. Construction of access roads to the Dam Site was started by DPWH and
2Big Waterworks System.

C. PROPOSED STIPULATION OF FACTS

1. 2Big Waterworks System is and registered under and by virtue of the laws
of the Philippines.

2. 2Big Waterworks System submitted a Comprehensive Environmental

Impact System (EIS) to DENR-EMB which led to the issuance of the
ECC.

3. The Mahiwaga Dam Project is compatible with the existing Land Use
Plan of the Municipality of Diwata.

Pre-trial Brief for Defendants/Respondents: Page 2 of 6

 4. Consultation visits were paid to the communities living along or nearby
the Mahiwaga River that would be affected by the project.

5. A formal and written Agreement was duly entered by 2Big Waterworks

System and the concerned IPs for the construction and operation of the
Mahiwaga Dam Project.

6. There is no other alternative resolutions to address the water shortage in

the Metropolitan City of Bayani other than the construction of the
Mahiwaga Dam Project.

D. ISSUES

I. LEGAL

1. Constitutionality and legality of the Contract between the Republic

of Bagong Bayan and Republic of Sino – Arts. VII, Sec. 21, VIII,
Sec. 5(2) of the 1987 Constitution, ‘International Property
Association of the Philippines v. Hon. Paquito Ochoa, et.al.’, G.R.
No. 204605, July 19, 2016, other related laws, rules and
regulations.

2. Legality and validity of the Environmental Compliance Certificate

issued by the DENR – PD 1586, Executive Orders and
administrative issuances regulating and strengthening the EIS
System, Local Government Code of 1991 (RA 7160),
Environmental Laws and other relative laws, rules and regulation.

3. Legality and Validity of the Formal Written Agreement between

2Big Waterworks System and the affected Indigenous
Communities – Indigenous People’s Right Act of 1997 (RA 8371);
Administrative Order No. 1 of the National Commission on
Indigenous People; other related laws, rules and regulations.

II. FACTUAL

1. Continuance of the road construction – geotagged photographs of

project site, topographic maps of affected areas, site development
plans, vicinity maps, project plan layouts all duly signed by
licensed professionals; Certificate of Approval by the LGU of
Diwata.

2. Public hearings and consultations with affected communities were

actually made and the legal procedures in the conduct thereof were
duly observed – minutes of meetings, attendance sheets, written
agreement, affidavit of no complaint relative to the Project

Pre-trial Brief for Defendants/Respondents: Page 3 of 6

 3. The EIS is comprehensive enough to fully address the
requirements – The Comprehensive EIS itself as submitted to the
DENR, together with pertinent documents supporting the EIS

E. DOCUMENTARY EVIDENCES

1. Contract of foreign loan between the Republic of Bagong Bayan and

Republic of Sino
2. Building and Construction Agreement as proof of the Award to 2Big
Waterworks System
3. Comprehensive Environmental Impact System submitted by 2Big
Waterworks System
4. Environmental Compliance Certificate issued by the DENR
5. Geotagged photographs of project site (taken for last 30 days)
6. Topographic Map of impact/affected areas (at least 1 km from the
project boundaries)
7. Certifications from LGU of the Municipality of Diwata and Anino on
the compatibility of proposed project with existing land use plan
8. Board Resolutions issued by the LGU of the Municipalities of Diwata
and Anino approving the construction of the Mahiwaga Dam Project.
9. Site Development and/or Vicinity map signed by registered
professionals
10.Project/Plan layout signed by registered professionals
11.Relocation/Resettlement Plan signed by registered professionals
12.Schematic diagram of wastewater treatment facility
13.Schematic Diagram of Air Pollution Control Facility
14.Organizational Chart in charge on environmental concerns
15.Settlement Plan of affected communities
16.Minutes of meetings conducted with affected communities with
attendance sheets
17.Written Agreement between 2Big Waterworks System and the
Affected Indigenous Communities
18.Proof of authority over the project site which are land titles, tax
declarations, lease contract, deed of absolute, deed of donation
19.Affidavit of No Complaint executed by the President & CEO of 2Big
Waterworks System

F. WITNESSES

1. Engr. Kaba Balaghan – lead Project Engineer of the Mahiwaga Dam

Project. He will testify on the building plans and specifications of the
project; location of the project; the contents of the EIS such as but not
limited to the ground surveys, plotting, identification of covered and
affected areas, resolutions/mitigation of impacts on the environment
and the communities, relocation/resettlement plans of affected
communities, and such other matters relative to the Project.

Pre-trial Brief for Defendants/Respondents: Page 4 of 6

 2. Engr. Masu Nurin – Pollution Officer. He will testify on the case
study he performed relative to the impact of the project on Air, Water
and Land.

3. Engr. Laking Tawad – Representative from DPWH who will testify

on matters relative to the layout and construction of roads leading to
the Project Site.

4. Mr. Dahil Sayo – representative from DENR-EMB who will testify on

the assessment and verification conducted by the office relative to the
Project in relation to the EIS submitted that lead to the issuance of the
ECC.
5. Mrs. Mati Aga – Human Resource Officer of 2Biga Waterworks
System who will testify on her coordination with the respective LGUs
of Diwata and Anino relative to the settlement and compensation of
communities who will be directly affected by the Project; livelihood
proposals and projects to affected communities.

6. Mayor Kathang Isip – Local Chief Executive of the Municipality of

Diwata who will testify on the feasibility conducted by his office on
the Project leading to the approval of the Project; the benefits of the
Project in his jurisdiction and his constituents; monitoring plans of the
Municipality as regards the construction and eventual operation of the
Project and such other matters relative to the case.

7. Mr. Hindhi Matibag – Elderly/Affected leader of the affected

indigenous communities. He will testify on the written agreement
allowing the construction and operation of the Project and embodying
the terms and conditions pertaining to their community and
livelihood.

Prosecution reserves the right to present other additional witnesses during

the trial of the case if need be.

G. OTHER MATTERS

1. Defendants/Respondents have not yet availed of discovery procedures as of

time, however, they shall avail of such remedy if the need arises.

2. Defendants/Respondents have not received any clarificatory questions from

the other party, however, they state their willingness to answer the same if
made available.

3. Defendants/Respondents declare that related cases of Expropriation

proceedings were filed before the RTC of Anino, Enkanto by 2Big
Waterworks System and the Municipality of Anino against Lubhang
Matahimik, a leader of the Mapayapa Indigenous People and Mr. Malupa,
owner of 3 hectares of farmland traversing the Municipalities of Diwata and
Anino.

Pre-trial Brief for Defendants/Respondents: Page 5 of 6

VI. TRIAL DATES

Defendants/Respondents will need seven (7) trial dates for each witnesses.

RESPECTFULLY SUBMITTED this 26th day of February 2022, Diwata,

Enkanto.

BALBIN BOSI LAW OFFICE

Counsel for the Defendants/Respondents
Mistiko Rd., Poblacion, Diwata, Enkanto

BY:

RONELLA M. BALBIN-CONCEPCION
Roll of Attorney No. 46022 (May 25, 2001)
IBP Lifetime No. 04046 (June 26, 2002)
PTR No. SFC 1939783; 01-03-22; MCLE Cert. No. VII-0004188;07-21-2021
CP No. 09175270376/email: rmbconcepcion@yahoo.com.ph

CHRISTINE JOY D. BOSI

Roll of Attorney No. 58597 (May 5, 2010)
IBP OR No. 196270; 01-05-2022
MCLE Cert. No. VI-0009435; 06-19-2018
CP No. 09178991659/email: jolalevibosi@yahoo.com

Explanation: Service and Filing are made through electronic mode of service, as follows:

A. Counsels for the Plaintiffs/Petitioners:

1. Atty. Rhodora Arrocena
Email: dangzgines@yahoo.com
2. Atty. Celeste Roxanne Bencio
Email: roksangsmcorp@gmail.com

B. RTC of Diwata, Enkanto

Hon. Journalyn Bumagat-Sarmiento
Email: journalynsarmiento@gmail.com

Pre-trial Brief for Defendants/Respondents: Page 6 of 6