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)