Alim, Nava withdraw support to Balibago water franchise

ILOILO City – Councilors Joshua Alim and Plaridel Nava wanted to rectify the “mistake” they did in 2016 – voting to grant a franchise to water distributor South Balibago Resources, Inc. to operate in waterless barangays and residential subdivisions in Jaro district.

But how should they go about with withdrawing their vote?

Yesterday, they introduced a resolution expressing their new sentiment but failed to gather enough votes from colleagues.

The resolution was titled, “A resolution officially withdrawing our support and consent to Regulation Ordinance No. 2016-116 otherwise known as ‘An Ordinance Granting A Franchise to South Balibago Resources, Inc. to Distribute Water in the District of Jaro, Iloilo City and Authorizing the City Mayor to Sign the Memorandum of Agreement By and Between the City Government of Iloilo and South Balibago Resources, Inc., Based on the Newly-Discovered Evidence.”

The “evidence” Alim and Nava referred to was a recent legal opinion of the Department of the Interior and Local Government (DILG) that the city government did not have the authority to grant a water and sanitation franchise.

Aside from Alim and Nava, only Councilor Arman Parcon voted in favor of the proposed resolution. Six councilors abstained.

Councilor R Leone Gerochi was the only one who voted against the proposed resolution. He explained his vote: “I’m confused. This is the first time I’ve encountered a proposed city council resolution expressing the sentiment of only two council members.”

“Is it allowing both proponents to withdraw (their support to the South Balibago franchise)? We do not have the authority to do that. Although a resolution is simply an expression of sentiment, what is the use of this one? Should the entire body adopt it?” asked Gerochi.

According to Alim and Nava, DILG Opinion No. 18, series of 2018 on the water and sanitation franchise of South Balibago merited “serious consideration” by the council that approved the franchise.

They believed the granting of franchise was an “excusable negligence”, invoking their desire to help and serve their constituents.

DILG issued its opinion on the matter as a reply to the query of Councilor Gerochi. According to Undersecretary Austere Panadero, only the National Water Resources Board (NWRB) can issue a water and sanitation franchise. He cited Presidential Decree (PD) 1076 or the Water Code of the Philippines – the law that governs ownership, appropriation, utilization, exploitation, development, conservation, and protection of water resources.

The Metro Iloilo Water District (MIWD) questioned the granting of franchise to South Balibago. The case is now pending in court.

Another defect of the franchise ordinance, said Nava, was its having two subject matters – the granting of franchise and grant of authority to the city mayor to sign a memorandum of agreement with South Balibago.

“An ordinance must only carry one subject matter,” Nava explained./PN

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