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[av_heading heading=’MIWD TO JOE: BRING IT ON!
Directors reject ‘cease and desist’ order ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY GLENDA SOLOGASTOA
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ILOILO City – Members of Metro Iloilo Water District’s (MIWD) Board of Directors (BOD) have rejected Mayor Jose Espinosa III’s order to step down and back off from a P12.349-billion water distribution deal.
The BOD is ready to parry any legal challenge from the city government, said MIWD’s legal counsel Roy Villa.
He also asserted that under Presidential Decree (PD) 198 or the Local Water District Law, water districts function autonomously under their own set of board members.
As an autonomous entity, MIWD is thus “independent from politics and even from the control or supervision of the local government unit,” said Villa.
Espinosa issued a “cautionary/cease and desist notice” to the BOD on Thursday. He was not recognizing anymore the appointments of the directors, citing a recent Supreme Court decision on the Metropolitan Cebu Water District that he said was also applicable to MIWD.
MIWD, however, is treating the notice as a mere opinion of the city mayor and not legally enforceable.
“Iya na ‘ya opinion. The honorable mayor is entitled to his view on the appointment of the members of the water district’s board,” said Villa. “Other than that, it is nothing.”
In his notice to MIWD, Espinosa stated he wanted to appoint a new BOD. He believed the Supreme Court ruling naming the city mayor as appointing authority of Cebu’s water district must also be observed on MIWD and more so because the high court declared as unconstitutional the basis of the appointment of the current MIWD directors – Section 3 (b) of PD 198.
Under Section 3 (b), the appointing authority shall be the governor if less than 75 percent of a water district’s total concessionaires are found in the city.
Villa, however, maintained that the appointment of the current MIWD BOD made by Iloilo governor Arthur Defensor Sr. was valid and legal and that it was the Regional Trial Court itself – after finding out the number of MIWD concessionaires – which made such determination in 2013.
“Kag ang decision sang korte became final and executor,” said Villa.
He dismissed Espinosa’s contention that MIWD’s P12.349-billion water distribution deal would be illegal because the BOD’s appointment was also illegal.
“MIWD with push through with its programs and projects, and particularly this water distribution joint venture,” he stressed.
“Para ini sa kaayuhan sang aton konsumidor, sang aton nga syudad. Kon untaton ini karun, it is a step backward,” said Villa.
Espinosa ordered the MIWD directors to “cease and desist from further performing the powers and functions of the members of the BOD…such as but not limited to your rumored plan to award a P12.349-billion contract to a private water distributor, MetroPac Water Investments Corp.”
“As far as the BOD is concerned, the mayor’s order has no basis. If such is followed, the directors may be charged with abandoning their duty,” Villa told Panay News.
The current MIWD directors who each have a term of six years are Dr. Teodoro Robles (chairman), Atty. Juanito Acanto, Dr. Jessica Salas, Ramon Cua-Locsin, and Atty. Josephine Abad-Caram.
Espinosa, a lawyer, warned the MIWD directors against defying his cease and desist notice to avoid the rigors of court litigation.
“Kon ano gid man ang plano sang MIWD, indi anay mag-act because it might prejudice the city of Iloilo. I have to protect the city and its residents. We should be consulted. We should know and be properly advised sang plans dira,” said Espinosa.
He expressed concern over the water distribution joint venture with MetroPac Water Investments Corp.
“Nga indi man ma-disadvantage ang syudad. Sa matrix nila kag mga charges, kita man gihapon iguon sina,” said Espinosa./PN
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