THE Cebu City Government has asserted its authority regarding the appointment and removal of Metropolitan Cebu Water District (MCWD) board directors despite statements from the Local Water Utilities Administration (LWUA) and the Office of the Government Corporate Counsel (OGCC).
Former Cebu City mayor Tomas Osmeña, meanwhile, said on Thursday, November 9, 2023, that “there is only one law of the land, the law of Mike Rama.”
In a text message on Friday, November 10, then Cebu City Legal Officer Jerone Castillo said the issue is already a “settled matter,” reiterating that the “power to appoint carries with it the power to remove.”
Castillo said that Jose Daluz III had sworn in a testimony, through his judicial affidavit, that late Mayor Edgardo Labella had the power to remove the previous members of the board of directors of MCWD, namely, Ralph Sevilla, Augustu Pe Jr. and Cecilia Adlawan.
He said the LWUA and OGCC opinion should not provide further confusion to the public, emphasizing that Mayor Michael Rama had “effectively” removed Daluz, Miguelito Pato, and Jodelyn May Seno from their positions.
“The new board led by retired major general Melquiades Feliciano has taken over MCWD,” Castillo said.
Cebu City Legal Officer Carlo Vincent Gimena said in a text message on Friday, November 10, that Presidential Decree 768 (PD 768), which amended PD 198, “explicitly” provided that “directors may be removed for just cause only, subject to review and approval of the administration.”
“There is nothing in said provision that says it is the MCWD board of directors who has the power to remove on the ground of just cause,” Gimena said.
He added that in the case of Rama vs Moises, G.R. No. 197146, December 6, 2016, it is clear that as the Supreme Court ruled, the mayor of the City of Cebu has the power to appoint the members of the board of directors of MCWD.
When asked if the City Government has the final say in determining who will serve as chairman of the board, given that it was Rama who appointed Feliciano, Gimena said it is the board of directors who will elect the chairman, but the power to appoint refers to the appointment of the BOD.
He said Rama “merely” appointed Feliciano as one of the members of the BOD, but other members appointed him as their chairman. The appointment was made during their first board meeting on October 31, 2023. (AML)