MikeLigalig.com

By Bohol STandard

Regional director Modesto Membreve of the National Irrigation Administration based here fires back at his detractors by filing civil case before the Metropolitan Trial Courts, Quezon city against a construction firm for “sum of money and damages.”

In his four-page complaint, Membreve asked the court to order the defendant MD Biliran Construction represented by Engr. Petronilo Sarigumba “to pay the sum of P246,973.10 and liquidated damages in the amount of P24,697.29, plus charges, accrued interest, collection charges, service and handling fees.”

Membreve also urged the court to order the defendant to pay Attorney’s fees and other legal fees and filing fees in the amount to be determined by the court.

Earlier, Sarigumba, who, together with Concerned Citizens of Bohol and a certain Josephus Gaviola of Alburquerque town, sued Membreve before the Ombudsman for the alleged nepotism.

Sarigumba and Gaviola asked the Ombudsman to suspend Membreve for infringement of RA 3019 also known as Anti-Graft and Corrupt Practices Act and Code of Conduct and Ethical Standards for Public Officials and Employees or RA 6713. They also asked the Ombudsman to conduct a thorough investigation on the anomalies of a public official in Membreve.

Membreve alleged that the defendant “failed to pay his obligation” in assuming the responsibility of the irrigator’s association’s 10% equity share to the project. The corporation won the project under Contract Number BPIO-LMC-02-2009 for the barangay Guinsularan, Duero, Bohol communal irrigation system (CIS) Project with a winning bid price of P2, 469,730.95.

“On March 11, 2010, the plaintiff thru personal service sent a Demand Letter to the defendant indicating that the defendant was not able “to pay the equity participation of subject project in the amount of P246,973.10, ” said Membreve in his complaint through legal counsel lawyer Salvador Diputado.

“Despite demand, and clear provisions of the Contract, the defendant refused to pay his obligation” and the defendant has removed or disposed of his property or is about to do so with clear intention to defraud the plaintiff,” Membreve claimed.

Membreve filed the said case in Quezon City because under the Contract, the parties likewise agreed that “the venue for any cause(s) of action that may arise from this Contract shall be at the proper Court of Quezon City.” (RVO)

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