ABUSE OF AUTHORITY

ILOILO City – The Metro Iloilo Water District (MIWD) has filed seven administrative and criminal charges against Mayor Jose Espinosa III before the Office of the Ombudsman for appointing a new set of directors in the water district’s board.

According to Atty. Roy Villa, MIWD corporate legal counsel, the water district charged the mayor criminally with two counts of usurpation of official functions and graft and corrupt (violation of Section 3 [e] of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act) and administratively for grave abuse of authority, gross negligence, gross misconduct, and acts contrary to law.

Last month, Espinosa submitted the list of his appointees to the Local Water Utilities Administration (LWUA) that in return asked the MIWD to comment on the matter.

Espinosa’s appointees to MIWD’s Board of Directors were Felicito Tiu representing sectoral organizations (business, commercial or financial organization), Rebecca Maravilla (women’s sector), Dr. Ray Celis (civic-oriented service clubs), Antonio Sangrador (sectoral organizations / professional associations), and Ronald Raymund Sebastian (educational institutions).

In charging the city mayor with usurpation of official functions, Villa said MIWD’s appointing authority remains to be Iloilo governor Arthur Defensor Sr. based on the September 2013 decision of the Regional Trial Court (Branch 24).

“No order whatsoever has been issued setting aside that particular order or decision of the RTC Branch 24 which ruled it is the governor who has the appointing authority,” said Villa.

Another usurpation of function Espinosa made, Villa said, was that of MIWD’s corporate secretary.

“It appears nga ini tanan nga functions of the corporate secretary were all performed by the mayor (when he made his appointments),” he added.

As to the graft and corrupt charges, Villa said Espinosa’s action caused undue injury to MIWD.

The mayor’s move created confusion that adversely affected the water district as an organization, he said.

“It also caused undue injury on the part of the sitting board of directors appointed by the governor. Another one is may undue advantage kag benefits sya nga ginhatag sa iya mga appointees,” added Villa.

For administrative cases, Villa believed the city mayor abused his authority.

“Assuming nga appointing authority sya, ti indi sya kahulat may bakante? So gin-abuse ‘ya iya authority,” Villa said.

There is no vacancy yet in the MIWD’s board, he stressed.

“Bal-an ‘ya nga may ga-exist nga decision ang RTC, the governor as appointing authority. Tani nag-take sya proper proceedings sa court to set aside inang decision sang RTC,” said Villa.

Such was gross misconduct, he stressed.

MIWD is also studying if it can go after the appointees of Espinosa, said Villa.

LEGAL BASIS

Espinosa insisted was exercising an executive prerogative.

“I don’t want to be accused of being remiss in my function as appointing authority,” he stressed.

City Administrator Hernando Galvez said Espinosa had legal basis in making the appointments – the Supreme Court decision in the Cebu water district case invalidating Section 3 (b) of Presidential Decree 198 (Provincial Water Utilities Act of 1973) for being unconstitutional.

Under Section 3 (b), if less than 75 percent of the total water concessionaires are found in the city, the appointing authority shall be the governor.

“Automatic na pag nag-decide ang Supreme Court, it becomes part of the law of the land, said Galvez.

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.

Abad-Caram’s term would end in December 2018. Those of Robles and Cua-Locsin would expire in 2020 while those of Acanto and Salas, in 2022.

Following the Supreme Court decision on the Cebu water district case, Galvez said MIWD should have submitted to the Espinosa a list from where he would make his choices for the Board of Directors.

“Bangod wala sila nag-submit, diin makuha ang mayor sang iya pilian? Wala. So pwede ang mayor ka-appoint bisan wala list? Yes,” said Galvez.

In appointing new MIWD directors, Espinosa said he wanted a “review” of the water district’s policies and programs.

“Gusto ko gid tan-awon, review-hon. We should know,” said Espinosa.

He had long been lamenting the city government’s apparent lack of voice in MIWD’s operations even if the water district was primarily created for Iloilo City.

There is an MIWD request for an increase in water rates with the Local Water Utilities Administration, according to Espinosa./PN