ILOILO City – Should the Local Water Utilities Administration (LWUA) confirm the appointees of Mayor Jose Espinosa III to the Metro Iloilo Water District’s (MIWD) Board of Directors (BOD), they would only be serving what remains of the terms of the current directors, according to City Administrator Hernando Galvez.
“I-correct naton ang confusion, we are not creating new terms,” said Galvez.
Espinosa’s appointees 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).
Galvez said Espinosa had legal basis in making the appointments – the Supreme Court decision 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 present set of MIWD’s BOD was appointed by Gov. Arthur Defensor Sr. of Iloilo province. Espinosa believed the Supreme Court decision invalidated the appointments made by the governor.
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.
“Halimbawa ma-expire na ang term n’ya sa 2019, so ang mabulos sa iya ang bag-o nga appointee. Magabulos na s’ya sa unexpired term lang sang iya pagsudlan,” said Galvez.
According to MIWD legal counsel Roy Villa, Espinosa may be charged with usurpation of official function and abuse of authority.
“Definitely nagapati kita nga wala sang usurpation of authority. Pero indi kita kapugong sa tawo nga mag-file kaso. Bisan wala gani kaso pwede ka ka-file kaso,” said Galvez, a lawyer.
Villa said Espinosa’s action was illegal, citing among others the procedures to follow when there is a vacancy in the MIWD BOD.
The corporate secretary is tasked to solicit nominations. After evaluating the nominations, the final list would be submitted it to the appointing authority.
“Mayor Espinosa’s appointments were not based on the list from the corporate secretary. And how could there be a list of nominees when there is no vacancy in the first place,” said Villa. “The terms of the current directors appointed by Governor Defensor have yet to expire.”
Galvez said the procedures cited were only true under “normal conditions.”
“Pero diri ang sa syudad naton, indi normal nga conditions because the appointments issued a long time ago, applying the ruling of the Supreme Court, are considered void appointments,” said Galvez.
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 BOD.
“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./PN
