TWIN developments on the water crisis in Metro Cebu this week have raised the question as to whom to look up to for leadership to combat the persistent problem:
[1] The Provincial Government, through a Provincial Board resolution filed by Board Member Glenn Soco, asked the Ombudsman “to look into possible charges” against Metro Cebu Water District (MCWD) officials because of acute shortage in water supply in its service area.
[2] The Cebu City Council, after a privilege speech of Councilor Raymond Garcia, expressed dismay over services of MCWD and called on the mayor to exercise his authority over MCWD directors.
Response
Gov. Gwendolyn Garcia and Mayor Edgardo Labella quickly responded to their respective legislature’s call: Governor Gwen said MCWD “lacks compassion for consumers and the general public.” Mayor Edgar said he has the “prerogative” to fire the five MCWD board members, including its chairman, “if they do not shape up.”
The major burden falls clearly on the mayor. The MCWD directors, including its chairman, are appointees of the mayor. He is responsible for their performance and they are accountable to him.
Labella didn’t appoint them; his predecessors did. But as incumbent mayor, the weight of the crisis now rests on his shoulders.
Supreme Court ruling
How about the governor? After all, the LGUs served by MCWD include three cities (Cebu, Mandaue and Talisay) and four towns (Liloan, Compostela, Consolacion and Cordova).
The water crisis is Gwen’s burden too. But the Supreme Court (in Rama et al vs. Judge Moises and Garcia, LCR#197146, Dec. 20, 2017), ruled that Presidential Decree 198 (Provincial Water Utilities Act of 1973) violated local autonomy and was superseded by the Local Government Code.
The formula of “75 per cent plus active water connections” for the city or town given the appointing authority by PD 198 no longer applies. Still, the SC noted, as of the time the case reached the court, Cebu City had 61.28 percent of the water connections compared to 16.92 percent total in the LGUs administered by Capitol.
Responsibility stays
The SC ruling in effect lessened the burden of the governor over the water problem when it ruled that the Cebu City mayor has the authority to hire and fire the directors and the province had no part in its creation and no authority over Cebu City.
But it did not remove Capitol’s responsibility and “the interest and compassion” for constituents that go with it. That is why the PB and the governor are calling out to MCWD. Still it is responsibility without authority since Capitol has no part in the water district management.
Not just one board
Thus attention is riveted on Mayor Labella: how he will wield his authority over MCWD directors to make them “shape up” and do better than what it has done during its term.
Actually though, it is not one board’s performance that is being placed under public scrutiny.
It is the work of MCWD, why through the 45 years it has operated, it has failed to cope with the crisis that the water district itself has long foreseen and was trusted by its public to prepare for and overcome.