MIWD

Peter G. Jimenea, Hole of Justice

MIWD – Mayor Jed was indicted (First Part)

One of the lingering problems bothering the Local Water Utilities Administration (LWUA) is the question on who shall be the rightful appointing authority for members of the Board of Directors (BoD) of Metro Water Districts in cities and municipalities all-over the country, the mayor or the governor?

Thus, to resolve the pending issue, on September 15, 2010, LUWA Administrator Daniel Landingin issued  Memo Circular No. 011-10 enjoining all Metro Water Districts in the country to submit the number of active service connections in their respective area for evaluation and validation by the administration not later than October 10, 2010.

Sec. 3(b) of PD 198, as amended to determine the rightful appointing authority, cities or municipalities with active service connection more than 75%,  shall have the mayor as the rightful authority to appoint members of the BoD,  otherwise, it shall be the governor within which the district is located.

After evaluation of the total service connection of the Metro Iloilo Water District (MIWD), it was found out that since January 2006 up to August 2010, it failed to meet the 75% required service connection in order for the city mayor to become the rightful appointing authority for members of the  BoD.

In which case, LUWA claimed the rightful authority is the governor within which the district is located. On November 11, 2010 LUWA declared the appointment of MIWD Board from 2006 to August 2010 and the present led by Celso Javelosa null and void ab initio. An interim board composed of representatives from LUWA and Iloilo City consumers group was then installed.

The 2010 directors, however, filed a quo warranto case with a prayer for a temporary restraining order and/or mandatory injunction against the interim board. Judge Edgar Catilo of RTC Br. 23 issued a 20-day TRO and eventually granted the mandatory injunction which restored the disbanded board led by Mr. Javelosa on December 15, 2010.

But the problem starts when the term of Engr. Adrian Moncada and Bernadette Castellano as members of the BoD expired on December 2010. They were immediately reappointed to the BoD by Iloilo City Mayor Jed Patrick Mabilog on December 10, 2011.

In a letter to GM Jalbuena dated March 15, 2011, LUWA Administrator Celso I. Landingin reiterates his previous decision on the status of the appointments of MIWD BoD. He cited the pending issue in Court as to the rightful appointing authority in the present case. Hence, any subsequent appointment issued by Mayor Mabilog is null and void.

Mayor Mabilog may have considered the filling up the vacuum in the MIWD BoD that he immediately reappointed Eng. Moncada and Castellano. Perhaps, to put the district back to work. Unfortunately, his jumping to the rescue of the two BoD members has put his integrity in peril.

The mayor was already in the pot but he jumps into the fire. He has now a case pending at the Office of the Ombudsman filed by lawyer Atty. Romeo Gerochi for Violation ofArt. 177 of the Revised Penal Code and Republic Act No. 10. The charge-sheet cited the appointment of Moncada and Castellano to the BoD a violation of Sec. 3(b) of PD 198 to have been committed by the mayor. (to be continued)

MIWD

Peter G. Jimenea, Hole of Justice

MIWD – Mayor Jed was indicted (First Part)

One of the lingering problems bothering the Local Water Utilities Administration (LWUA) is the question on who shall be the rightful appointing authority for members of the Board of Directors (BoD) of Metro Water Districts in cities and municipalities all-over the country, the mayor or the governor?

Thus, to resolve the pending issue, on September 15, 2010, LUWA Administrator Daniel Landingin issued  Memo Circular No. 011-10 enjoining all Metro Water Districts in the country to submit the number of active service connections in their respective area for evaluation and validation by the administration not later than October 10, 2010.

Sec. 3(b) of PD 198, as amended to determine the rightful appointing authority, cities or municipalities with active service connection more than 75%,  shall have the mayor as the rightful authority to appoint members of the BoD,  otherwise, it shall be the governor within which the district is located.

After evaluation of the total service connection of the Metro Iloilo Water District (MIWD), it was found out that since January 2006 up to August 2010, it failed to meet the 75% required service connection in order for the city mayor to become the rightful appointing authority for members of the  BoD.

In which case, LUWA claimed the rightful authority is the governor within which the district is located. On November 11, 2010 LUWA declared the appointment of MIWD Board from 2006 to August 2010 and the present led by Celso Javelosa null and void ab initio. An interim board composed of representatives from LUWA and Iloilo City consumers group was then installed.

The 2010 directors, however, filed a quo warranto case with a prayer for a temporary restraining order and/or mandatory injunction against the interim board. Judge Edgar Catilo of RTC Br. 23 issued a 20-day TRO and eventually granted the mandatory injunction which restored the disbanded board led by Mr. Javelosa on December 15, 2010.

But the problem starts when the term of Engr. Adrian Moncada and Bernadette Castellano as members of the BoD expired on December 2010. They were immediately reappointed to the BoD by Iloilo City Mayor Jed 

Patrick Mabilog on December 10, 2011.

In a letter to GM Jalbuena dated March 15, 2011, LUWA Administrator Celso I. Landingin reiterates his previous decision on the status of the appointments of MIWD BoD. He cited the pending issue in Court as to the rightful appointing authority in the present case. Hence, any subsequent appointment issued by Mayor Mabilog is null and void.

Mayor Mabilog may have considered the filling up the vacuum in the MIWD BoD that he immediately reappointed Eng. Moncada and Castellano. Perhaps, to put the district back to work. Unfortunately, his jumping to the rescue of the two BoD members has put his integrity in peril.

The mayor was already in the pot but he jumps into the fire. He has now a case pending at the Office of the Ombudsman filed by lawyer Atty. Romeo Gerochi for Violation ofArt. 177 of the Revised Penal Code and Republic Act No. 10. The charge-sheet cited the appointment of Moncada and Castellano to the BoD a violation of Sec. 3(b) of PD 198 to have been committed by the mayor. (to be continued)

The Church on RHB

Hole of Justice

by Peter G. Jimenea

They fear the RHB

The Reproductive Health Bill (RHB) is still pending due to the intercession of the Catholic Bishop Conference of the Philippines (CBCP) and supporters. They boldly trumpeted their stiff opposition to the Bill from the Church's pulpit and beyond - to Congress they cannot command.

They are against the use of condoms and oral contraceptives when this is only to prevent an unwanted pregnancy among women. This prevention is not abortion as what Church leaders' claim hinted at. For how can we indict one accused of killing lifeless matters?

Church leaders failed to realize that the calendar method or menstrual period of family planning does not sit well in slum areas. Thus, we need the RHB to curb the fast-growing population that widens the disparity in numbers of the rich and the predominant poor citizens of the country.

The government is having a hard time in providing education, health care and other services to its poor inhabitants. So what's in store for the poor families at the countryside and slum areas with five children and counting? Surely, they will only become future problem of the government.

We are the only country in Asia with majority Christians population. Like the US which is ready to protect Israel from aggression of Muslim and Arab neighbors, the Vatican is also keen on preserving its interest in the only Catholic controlled turf in Asia - the Philippines.

But why did Catholic Church leaders nitpick too much on the State's affair when their own backyards are in shambles? Are they playing deaf and blind to the scattered dirt of their peers? Is it only vested interest that counts most for the Church? If so, no wonder why most of the countries under the Catholic Church domain are poor.

I believe to have found some answers to these questions from two priests who guested in our television talk-show few years ago. When asked if they also give share of Church income to the Vatican, they said yes, unfortunately no disclosure as to percentage.

Since this country was occupied by the Spaniards, under duress they slowly converted the natives into loyal devotees of the Church. The rich soon began to donate vast hectares of lands to the Church aside from money and other material things.

The overriding objective of colonization is the overt doctrine by the Church to natives on the salvation of their souls. But the covert undertaking is for profit regardless of the country's economic destruction. During the advent of the 20's devotees willfully donate tithing during the mass. At this instance, let us consider a peso donation per person.

If the attendance of devotees every Sunday in the whole country is 30 million, four Sundays a month is 120M parishioners. At one peso each, the Church gets P120M collection. Even if the Vatican gets only 10% share, from the Churches' income, it is already P12M per month and twelve million is twelve million.

But the Vatican won't accept peso in Church remittances unless converted into internationally negotiable currency or US dollar (which dictates our economy). In the process the Vatican continues to siphone our dollar reserves monthly, bleeding us for years.

We are only confined here on Church income from Sunday masses excluding the collection from baptismal, wedding and other special Church services. As a matter of fact, we were told by folks during our younger days that the souls of our dead can never go to heaven without a ticket from the Church - for a fee!

The RHB does not only dwell on population control which probably, has irked the Catholic Church leaders who believe that more birth of parishioners is more income. They were unable to figure out how beneficial is the RHB to parents and women of the majority poor families of this country today.

Its provisions about responsible parenthood and the limit in number of children by a family maybe a lowest cost-program of the government but its priceless-legacy will remain useful from generation to generation. Pragmatism and common sense dictate that sometimes we have to set-aside the debatable views we all share to give way to valuable matters of public concern and general welfare.

The Wasted Medicines

Hole of Justice

By Peter G. Jimenea

The last casualty!

One of the pesky episodes in life of a journalist is to learn that public officials abused the

position they are so proud of. More so, in insisting that even with so much smoke there is

no fire. They should know that to conceal is one thing, to be silent is another.

This story is about the expired medicines at the warehouse of the Regional Health Office, Field

Unit 6 at Mandurriao, Iloilo City. The then Regional Director was Merceditas Cabaneyro, whom

we doubt if her rise to the position is by managerial capability or by political expediency.

Never has there been a government official so derelict and irresolute In duty and responsibility

than her. Deliberate or not, lot of poor sickly-people and hospital patients in rural area died for

lack of medicine due to her neglect.

There are Rural Health Offices in municipalities that need medicines and other medical aid,

the government can provide in order for them to perform according to their functions from

which they are created. But why did she keep those medicines from them?

 On why the chief occupant of said health office failed to uphold her moral responsibility to the

people she is most sorely obliged to serve, only God knows. But for lawyers with smooth mastery

of law, her guilt is culpa aquiliana – civil responsibility from which fault or negligence intervene.      

The expired medicines inside the cartons filing outside the warehouse when retrieved, cost no

less than P15M. That amount does not include yet those from imported ones donated by foreign

countries. This is what got us so disgusted about.

The public must know because the one thing we all abhor is not a cheap shot, it’s the taxpayers’

money. What gives us hope in this battle against corruption was the lady prosecutor who promised

to bring our findings to the attention of concerned officials for action.

She invited us to join her in probing the officials involved in this mess and in preparation of the

case to be filed against the culprits. But the discovery of expired medicines issue which consumed

the city for months seems not good for the Court.

We learned from her (now a judge) that an influential politician with strong connection to the

powers-that-be has intervened in behalf of the regional director. Worse, she was also told to

refrain from pushing for the investigation of the case, or she will lose her job.

Probably, that person thinks he is a national peacekeeper, an interloper in this local affair of

corrupt official and the press. He failed to realize that his critical intervention has given us an

impression that he is a kind of person who prefers to accept money than apology!

As expected, the case disappeared in the course of time. The press people who cooperated were

rewarded with advertisement contracts and we who did not were intimidated against. Worse, we

are no longer allowed by the security guards who threaten to shoot if we enter the DOH premises.

Thus, the regional director easily got out of the mess she’s in. But her mindset syndrome that

reeks with domino theory resurfaced to shock us again. After two years since the discovery of

those expired medicines, a new scam suddenly occurred to occupy the airlanes.

A certain Ms. Nona Flores, Nurse IV of the DOH who conducted a new inventory of medicines

reported that over seven million pesos worth of expired medicines was again discovered at the

warehouse of the Regional Health Office-6.

But the law is so broad for a grasp. Jurisprudence dictates, affirmantis est probare – he who

affirms must prove. So, all we can do is to look at each other this way and that asking; “the

investigation was delayed but the decision was prepared, how?” It is written though, qui peccat

ebrius luat sobrius- he who offends when drunk shall be punished when sober!

Well, one way to curb corruption is to destroy the system that fosters it. But to date no law had

been passed by Congress to confront this lingering mess of society. Why? Lawmakers are certain

too, that solving it that way, endangers them to become….. see the title!

The Iloilo River

Hole of Justice
by Peter G. Jimenea

The Iloilo River

The Ilonggos cannot stomach this grabbing by shameless individual of the credit due to Nilo Sazon, the man who reformed from being a Capone of his time and vowed to do something valuable in his remaining years for the people to remember him.

Sazon has bagged different national awards for the clean-up of the Iloilo River together with his volunteers from the Coast Guard Auxilliary group. He has also received other awards from Malacañang that an observant city environmentalist even quipped; "What more a legacy can we ask from this man?"

But if we look at that gigantic taurpalin erected on the roadside going to the Iloilo airport, one can easily glean the robbing of credit from this man and the volunteer members of the Philippine Coast Guard Auxillary who rightfully deserved the honor.

The billboard has the smiling pictures of Cong. Jerry Trenas and Mayor Jed Patrick Mabilog of Iloilo City. Perhaps, those smiles to the ears are for their livelihood program including the clean-up of the Iloilo River (kuno) which earned them an award from an international body we have yet to identify.

It was ten years ago when this writer met Sazon at the promenade, a small drinking place along the streetside across Gaisano City, in La Paz District, Iloilo City. The man disclosed his plan to do something good for the city and for the Ilonggos to be remembered. In short, - a legacy.

Looking at the garbage floating on the river, he smiled and I know something is in his mind. When he told me, I acquiesced with his plan to initiate the cleaning of the Iloilo River described by Mr. Pistong, as the biggest septic tank in Asia.

Sazon started this program by building a small bamboo raft for use in gathering the floating debris. Months later I saw him with fellow volunteers from the Coast Guard Auxillary, personally cruising the river, collecting floating debris like plastics, styrofoam and many other.

Knowing the small bamboo raft cannot accommodate the pile, they built a bigger one. The garbage collected on the raft are brought under the bridge approaching the Marina Restaurant of Ross Gorriceta, and down there, wait for the city-hired garbage truck to pick up the pile for Calajunan dumpsite.

I aired this work of Coast Guard volunteers over my cable tv program during Saturdays. Sometimes, I invite them to guests in my talk show to tell the people about their valuable undertaking that appeals for public cooperation.

By keeping the public posted about the ongoing clean up drive being done by the Coastguard Auxilliary group, we eventually noticed the developing willingness of the people to cooperate in this task initiated by Sazon and Co.

Iloilo City Councilor Ely Estante also contributed his share. He went to Manila with this writer (thanks to Dept. of Fisheries Dir. Sonia Seville), to study what should be done for marginal fishermen who will be affected in case the clean-up drive of the Iloilo river starts.

When Kgd. Estante's resolution was approved for the clearing of the river from constructed fishpens and other bamboo-built structures, Sazon bought a motorized rubber boat (courtesy of his daughter abroad). The boat tugs the big bamboo raft with debris to the riverbank which hastens the work of his volunteers.

Today, though not yet completely done, we can see the beauty of the Iloilo River free from floating eyesores. Sad to say, it also opened the desire of opportunists wanting to share the credit they don't deserved. They even plan to erect structures praising themselves as the advocates of the successful undertaking.

We cannot blame the people who want to share the credit for this success. But they should have started it ten years ago from the basis of their affordability. Perhaps, they just want to share a joyride in this success now to make money.

Well, let's give them the privilege to lie. Anyway lies cost nothing. But we cannot allow them to get closer legalizing their racket by using the now beautiful Iloilo River in putting up a foundation or the like without the people getting wind of it.

It's true, God sometimes joke on us. Imagine, we ask only for a “world class river” to brag about but He includes the “world class liars” we have to deal with. Well, that makes our day, but as to these liars identity, your guess is as good as mine!

Grand Plan at the Capitol (11)

Peter G. Jimenea, Hole of Justice

(After this piece, I am momentarily suspending subsequent sequels. I hope to believe myself.)

We thought that this series ended with the 8th but I was constrained to write its sequels as the characters are just incorrigible. I promised a member of Task Force Pagbag-o that I would stop dragging him in the imbroglio with Hydrocephallus who continues to oppress Ma’am Malou, the Kingdom Information Officer (KIO).

But they withheld the salaries of Ma’am Malou and her assistant Bikya for the month of February. It was downright illegal, yet, it encouraged more Hydrocephallus, Tibakla and Gin Butlog to delete the names of Malou and Bikya from the payroll. I can only imagine the torment the two ladies have gone seeing their kids writhing in hunger because their salaries have been detained.

Last Monday, February 28, Ma’am Malou paid a call to King Tura informing him of her decision to file a complaint with the Civil Service Commission (CSC) against Hydrocephallus and his co-conspirators. King Tura was sympathetic of her and immediately called Hydrocephallus. In the presence of Ma’am Malou and Bikya, King Tura gave Hydrocephallus a thorough dressing down.

I hired you and Early Riser because you both are journalists and I expect you to do the press releases and feature stories to promote the name of the kingdom. Why did you compel Malou to do what I obliged you to perform? It is your obligation to write, not hers, thundered the king.

As for the office of the KIO, Hydrocephallus has to stay put in his office upstairs while Malou stays in her office and no one, no one can ever evict her from there, so ordained the King. Here,I thought everything is fine.

But minutes after they left the king’s chamber, Hydrocephallus went to Ma’am Malou reminding her to write feature stories but Malou snap back by reminding him what the king had decreed. That does it.

Hydrocephallus has the talent to write but is just lazy. He has no bone to make the rounds to gather data, the more tedious part than writing proper itself. Since his appointment last September as head of Kawkaw, the office that supposedly links the kingdom with its community of subjects, Hydrocephallus has not written a single story.

He left the job on the shoulder of poor Early Riser who is just harassed complying with the orders of Hydrocephallus who, incidentally, is not his supervisor and, therefore, has no power of dominion over him.

What about the reported dissolution of the three divisions, namely: Kawkaw, Radyo Mo and KIO, and their merger into one super-office, Kawpid, that Hydrocephallus claims to head? Well, that is still subject of the complaint filed by Ma’am Malou with the CSC.

Her complaint hit Hydrocephallus and co-conspirators for oppression, abuse of authority, usurpation, dishonesty, among others, for forcibly evicting her from office, withholding their salaries, forcing her to concede to an inferior position without due process, and for illegally creating an office.

King Tura is sympathetic to her. You pursue your complaint, that's your right, he decreed.

Wish the CSC has the energy to resolve the complaint soonest possible. I also wish enlightenment on Hydrocephallus’s lapdogs in the press, the nitwits who repeatedly brand Ma’am Malou in their hydrocephalic praise releases “ex-KIO chief” when in truth and in fact, she is still the KIO.

Their paymaster Hydrocephallus is not the KIO and never will because he has no CSC eligibility, neither the academic qualification and experience to entitle him to the position. He is only good at turning the palace of the Kingdom by the River a motel, the way he did last February 27, a Sunday when he and Rits, his muni-muni, enjoyed their “paupas-damang” from morning until 4 pm.

Now we have to wait for the result of the complaint filed by Ma'am Malou against Hydrocephallus and company. The same is true on the fate of that office without legal personality that he lorded over less academic capability, only political expediency!