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    A close analysis of the de-clogging/de-

    silting activities resulted in the followingobservations:

    1. Both the drawings of the two sets

    of as-built plans did not indicate

    de-silting activity along the main

    canal of Manuel Roxas Avenue,

    meaning, there was no accomplishment to

    be paid;The COA Observation is wrong. The as-built plans

    did indicate the de-silting activity. This fact is even

    admitted by the COA Audit Team under paragraph

    3 hereunder wherein it said that, to wit:

    "3. Both the two sets of as-built plans indicated de-

    silting/de-clogging activities on lined canals..."

    3.

    The first set of as-built plan

    attached to the DV lacked the

    necessary computation of the

    volume of silt extracted.

    However, in the second set of

    as-built plans, it was included in

    the computation containing a

    total of 1,544.80 cubic meters of

    silt extracted and such activitywas described in both sets of

    plans as a heavy line in the

    legend;

    Both the two sets of as-built

    plans indicated de-silting/de-

    clogging activities on lined

    canals along Padre Faura,

    Padre Gomez and Padre

    Zamora Streets. The cross-

    sectional dimensions of the said

    lined canals however, were not

    in the as-built plans, rendering it

    impossible to obtain the correct

    quantities of silts extracted

    The COA Observation is wrong and lacked basis

    for its assumption that the as-built plan submitted

    is false. Contrary to what the abovecited

    observation says, the total volume of de-silting/de-

    clogging did not exceed 1,707.30 cu. m. The total

    volume of silt extracted was as follows:

    @Holy Child Section

    Volume 1 = (112.50)(2)(0.70)Volume 1 = 157.50 cu.m.

    @Open Canal Along Roxas Avenue

    L1 = 99.50 m

    L2 = 103.00 m

    L3 = 225.00 m

    L4 = 81.00 m

    Total Length = 508.50 m

    Volume 2 = (4+3)/(2)

    (0.80)(508.50)

    = 1,423.80 cu.m.

    @Box Culvert along 3 Intersections (Aurora

    St., Padre Faura St., & Padre Gomez St.)

    Volume 3 = (5)(0.70)(12)(3)

    Volume 3 = 126.00 cu.m.

    Total Volume = 1,707.30 cu.m.De-clogging activity along small

    canals which has a bottom width

    of only 0.50 meters should have

    a separate and lower unit cost

    than the de-silting activity, if any,

    along the concrete-lined main

    canal in Manuel Roxas Avenue

    which has a bottom width of 4

    meters. De-silting employs

    heavy equipment like backhoe

    to extract silt deposits and dump truck to

    haul the same to a designated place, while

    de-clogging merely employs man-power to

    clear up the passage containing debris and

    rubbish;

    The two activities were joined into one

    activity since the de-silting activity is to be

    employed only on those a portion of the

    canals on which de-clogging is not

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    possible. Hence, de-silting was integrated with the de-clogging activity.

    7. In the succeeding two pages

    of photograph log, it

    appeared that no substantial

    silt deposits have been

    extracted along Manuel

    Roxas Avenue's main canal.

    In fact, the photos showed a

    very negligible quantity.

    Besides, the areas allegedly

    affected looked undisturbed.

    Considering that 1,549 cubic

    meters of silt or an equivalent

    of 516 truckloads of silt

    deposits using a mini dumptruck as stated in the quantity

    computation was reported to

    have been extracted, the

    canal banks and sloping

    sides should have been

    splattered and littered with

    muck, rubbish, water and silt

    marks indicating heavy

    extraction, yet only two

    pictures

    showed

    accomplishment, with one

    The photograph does not entirely depict the

    whole duration of the activity. It represents

    only a fraction of the activity undertaken by

    the Contractor. As for the photo of the

    backhoe bucket partially submerged but

    unable to reach the middle part, the same

    is not conclusive considering that it is only

    a still photo.

    8. In the sets of photographs log, which

    reportedly took place in Padre Zamora

    Street, it seemed odd that all the

    pictures taken were "during" the time

    the activities were allegedly undertaken;

    It is just but natural that the photographs

    submitted were all taken at the time when

    the activity was being done. This is

    because the activity is a de-silting/de-

    clogging activity. It does not involve the use

    of any material or equipment apart from a

    backhoe and a truck. . , .

    9. On the other hand, the

    photograph, although taken

    during the day time, did not

    show similar angles on the

    photos taken "before", "during"j

    and "after" the alleged de-

    clogging activity;

    The abovecited COA Observation is

    contradictory to paragraph 8 wherein it

    said that the photograph submitted were

    all on the "during" phase of the activity

    and not the "before" or "after" phase.

    10. Similarly, along Padre Faura

    Street, the same situation

    appears where the alleged

    project site has been occupied

    by residential houses and

    commercial establishments

    rendering de-clogging as indicated in

    the as-built plan not possible. Interviews

    made with the occupants along that

    street revealed that it is the City

    Engineer's Office of the Davao City

    Government thru the intercession of the

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    Punong Barangay and not the

    DPWH that does the de-

    clogging of the small stretch of

    the canal which is partlyunderground culvert.

    The COA Observation is wrong.

    There are portions along Padre

    Faura Street wherein de-clogging was

    possible. In addition, it is not entirely

    11.Upon actual measurements

    conducted by the Audit Team,

    the following volume was

    derived:

    Holy Child Section = 112.50m

    (length) x 1.50 m (width) x

    0.50m (depth)

    Volume 1 = 84.40 cubic

    meter

    12.Based on the foregoing

    quantities derived, the total

    amount for this item shouldhave been P 38,374.15,

    hence an overprice of P

    737,704.85 was incurred in

    this activity;

    R. All in all, the total amount of the

    extra work order as determined by

    the audit team should have been

    only P 173,333.40. The total

    overprice therefore, amounted to P

    1,956,577.91.

    The COA Observation is erroneous. There is no

    overpricing in this project. All the quantities derived

    in the computation were all based on the

    measurements taken from the existing field

    conditions. DCDEO has not and will not undertake

    the implementation of a project that is not in

    conformity with the law.