Espino to pursue case versus San Roque Dam

By December 13, 2009Headlines, News

LINGAYEN—The provincial government has not backed out of its plan to make officials of the San Roque Power Corporation (SRPC) and the National Power Corporation (NPC) accountable for the damages wrought by the big flood in Pangasinan in October.

Governor Amado Espino Jr., in a hastily called press conference here on Wednesday, reiterated that the provincial government has never abandoned, and has no intention of abandoning, its plan to pursue criminal and civil cases against the NPC and other agencies and personalities that had direct control over the operation and management of the San Roque Dam at the time of the height of the Typhoon Pepeng.

He made the announcement to clarify an item published in a daily newspaper that said the province of Pangasinan has backed out of its plan to file a case versus San Roque based on statements attributed to Provincial Legal Officer Geraldine Baniqued and Provincial Administrator Rafael Baraan.

“It’s not true,” he told the local media.

He said the province will pursue legal action if only to seek justice for the 63 fatalities and also for the numerous families who were left homeless and stripped of their means of livelihood and other valuable properties.

Both Baniqued and Baraan also disowned the statements attributed to them although the latter admitted talking to a correspondent but clarified that he never said nor even insinuate that the province is backing out of the plan.

Pointing out that the observations of the Provincial Legal Officer and the Provincial Administrator are their personal views and not of the provincial government, Espino explained that the delay in the filing of the case is due to certain government procedural requirements and should not be interpreted to mean that the provincial government has already decided to shelve the case.

Espino said a joint team of lawyers from the Sangguniang Panlalawigan and the provincial legal office are still preparing the complaint against both NPC and SRPC.

He added he will file the case in court once the complaint is finalized and submitted to his office.

Baniqued reportedly completed the initial draft of the complaint to be filed by the province against both NPC and SRPC but she will still have to consult the governor first regarding the P100 million filing fee needed for suit for a P4.5 billion damage claim.

She said Vice Governor Marlyn Primicias-Agabas earlier opted to file a separate case for injunction against both NPC and SRPC but learned that the injunctive bond required by the court is very prohibitive.

Espino stressed that what is more important are the criminal liabilities, rather than the civil liabilities of the people responsible for the release of unprecedented volume of waters that flooded 34 towns and three cities of Pangasinan.

Espino said both the NPC and SRPC had been very evasive about naming names even during the series of investigations conducted by the Senate committee on climate change headed by Senator Loren Legarda.

The complaint, Espino added, would be separate from the civil case for damages with prayer for damages and temporary restraining order and or preliminary injunction filed by a group of lawyers from Dagupan City and Pangasinan before the Regional Trial Court of Dagupan City against NPC and SRPC.

The group of 26 private lawyers, led by retired Justice Teodoro Regino, are seeking P2.6 million in damages.—LM

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