MEMBERS of the Metropolitan Cebu Water District (MCWD) board of directors will not give up their positions despite Mayor Edgardo Labella’s order terminating their services.
Board chairman Joel Mari Yu, in a letter to Labella Thursday, Oct. 17, 2019, said, “It is with deepest regret that the MCWD BOD (board of directors), with full support from the entire MCWD as an organization, cannot imprudently accede or comply to the same.”
Yu called Labella’s termination of their services “illegal and invalid” because it is in “direct contravention of no less than the Philippine Constitution, Presidential Decree (PD) 198, existing relevant circulars and issuances, including jurisprudential guidelines.”
While the board is refusing to step down, Cebu City Mayor Labella is starting the process of identifying persons he could appoint to take their places. He said that among those whose names were put forward were former mayor Alvin Garcia, lawyer and SunStar Cebu columnist Frank Malilong Jr. and Capitol representative Manolette Dinsay.
As Labella and the board tackle questions on authority, MCWD officials went to Metro Cebu mayors to discuss possible solutions to the water crisis.
In Mandaue City, an MCWD press release said its officials met with Mayor Jonas Cortes Tuesday, Oct. 15. Cortes reportedly told the utility officials to explore the development of gabion dams in the Butuanon Watershed area. Gabion dams are like small dams made of cage or cylinder filled with rocks, concrete or sand and soil to retain water or divert its flow. In addition, Cortes suggested a site for a rainwater catchment. What water it gets from the dams and catchment would augment supply. MCWD and its private partners have wells in Mandaue City with a total production of 20,000 cubic meters per day but the water demand in the city is at 95,000 cu. m. per day as of 2019.
In Talisay City, Mayor Gerald Anthony Gullas Jr. said he was happy MCWD officials were able to visit him Thursday but he added that they were a little late in coordinating. Talisay City provides 50,000 cu. m. daily to MCWD but only 15,000 cu. m. is distributed to Talisay consumers. The city’s demand is placed at 38,000 cu. m. daily. Gullas earlier said Talisay supplies water to MCWD but the water utility did not even visit its supplier.
Gullas and Lapu-Lapu City Mayor Junard Chan expressed hopes that short and long-term solutions to the water crisis would be identified and implemented soon.
Chan said he will leave it to Labella to appoint the new MCWD board but the new officials should be able to act immediately on the shortage. Chan listed supply and distribution problems in Barangays Punta Engaño, Maribago, Mactan and Babag.
Last Tuesday, Labella sent notices of termination to Yu and four MCWD board members for their failure to address the current water crisis hounding their consumers.
Yu, in his reply to Labella, also said the MCWD will continue to do its work and cooperate with local officials to find solutions to the crisis. He said: “Despite your illegal order, MCWD shall remain steadfast in performing its mandate given all the fortuitous circumstances that hinder it from doing its job. It shall continue to cooperate with the local government units within its service area to find ways and solutions to serve the people. In light of this, MCWD is hopeful that you will continue to uphold and respect the autonomy and independence of the people’s water district.”
Yu said Labella’s order, given last Tuesday, Oct. 15, violated the Constitution and PD 198 or the Provincial Water Utilities Act of 1973 that governs the operation of independent, locally controlled public water districts. The MCWD is a government-owned and controlled corporation supervised by the Local Water Utilities Administration (LWUA).
Aside from Yu, board members Augustus Pe Jr., Procopio Fernandez, lawyer Ralph Sevilla and board secretary Cecilia Jugao-Adlawan will not comply with Labella’s notices of termination.
As to who Labella wants to take the place of Yu and his board, Labella said he has 25 names for evaluation. Among the names given were those of Garcia, Malilong and Dinsay.
“That does not mean that because the person is recommended by the governor or someone who is powerful and influential, (they would get the position). It should be based on merit and qualification,” Labella said. Before he decides, he said he would consult other City officials.
As to the next steps, Cebu City Councilor Raymond Alvin Garcia said the order of the mayor does not mean the MCWD board members’ services would be terminated immediately.
He said the mayor would have to write to the LWUA to inform it of his exercise of his power to terminate the board.
The LWUA will evaluate and decide if their removal was proper. “Once the LWUA says the removal was proper, that is the time the termination (order) will take effect,” Garcia said.
Labella also expects the board members to take legal action. If they do, the mayor said he will just face them in court.
The five-member board is the policy-making body of the water district. It sets the direction for major programs like expansion, sourcing and policies but it is not part of the day-to-day operations. ( WBS, JJL, FMD, GCM)