Monday, November 8, 2010

‘LWUA creating crisis at MIWD’

By Francis Allan L. Angelo

THE Local Water Utilities Administration (LWUA) has apparently created a crisis by nullifying the appointment of the entire board of directors of the Metro Iloilo Water District (MIWD).

Atty. Hans Sayno, MIWD corporate secretary, said in Serbisyo Publiko hosted by Councilor Perla Zulueta over Sky Cable last Sunday that LWUA wants to replace the present board of directors who were appointed by the Iloilo City mayor.

Sayno said the move of LWUA has put him in a bind as regards the upcoming appointment of MIWD directors.

As corporate secretary, Sayno is responsible for gathering and submitting nominations to the MIWD board to the appointing authority who, at present, is the city mayor.

Sayno said his problems began when he received a fax message from LWUA administrator Daniel Landingin informing him that the appointing power of the board is Governor Arthur D. Defensor Sr., not Iloilo City Mayor Jed Patrick E. Mabilog.

Landingin based his assertion on Presidential Decree 198, the law governing the creation and operation of local water districts, that the city mayor can appoint the directors if 75% of the water district’s total service connections are located in the city.

Citing data from MIWD general manager Le Jayme Jalbuena, Landingin said MIWD service connections in Iloilo City has fallen below 75%, thus the provincial governor now has the authority to appoint the 5-man MIWD board hereon.

The present MIWD board is composed of representatives from five key sectors – business, professional, women, academe and civic groups.

LWUA’s latest ploy is believed to be trained at MIWD Directors Adrian Moncada (representing the professional sector) and Bernadette Castellano (for the women sector) whose appointments will expire December 30, 2010.

Moncada was re-nominated to the board by the Philippine Society of Mechanical Engineers while Castellano was nominated by Ugsad, a gender institute based in the University of the Philippines.

Lately, Sayno said he received another fax message from Landingin ordering him to solicit additional nominations from all sectors because the appointment of the present board by the Iloilo City mayor is illegal.

Sayno said LWUA’s order nullified the entire board and will affect the three remaining directors – Celso Javelosa (business), Dr. Danilo Encarnacion (academe) and Sergio Gonzalez (civic sector).

Javelosa’s term will end in 2012 while Encarnacion and Gonzalez will serve until 2014.

“LWUA retroacted its ruling on the appointing power on the entire board of directors. Right now I have two problems: to whom shall I send the nominations on or before the November 15 deadline, Mayor Mabilog or Governor Defensor? Second, will I solicit or not more nominees for the civic, education and business sectors?” Sayno said.

Sayno said the second letter nullifying the entire board will be used by LWUA to justify the takeover of MIWD’s board of directors.

In short, LWUA created a crisis within MIWD on the ground that it cannot be ascertained who will appoint the members of the board of directors.

Sayno said the crisis will embolden the management team to disobey the board’s future policies and paralyze the water district which could lead to a LWUA takeover.

“LWUA sowed the seeds of chaos to justify the takeover of the board of directors. We are looking into this and defend the whole board. Maybe by Monday LWUA officials will arrive and take over the water district,” Sayno said.

Sayno said one option to settle the issue is to ask the court to intervene and define the law.

“Another option is to send the nominations both to the governor and mayor and maybe they can make compromises. But if the two officials decline to make new appointments, the board will appoint the directors,” he added.

Mayor Jed Mabilog, who is currently in the United States, lambasted LWUA for “working like a thief in the night.”

Mabilog warned LWUA and MIWD that he will take drastic actions when he returns from abroad because of the latest ruckus in the water district.

Governor Defensor had said that he is not interested in wielding the power to appoint MIWD directors because of the numerous problems besetting the water district.

But the governor said he is willing to help MIWD in tandem with Mayor Mabilog to improve water supply in the city and province of Iloilo.

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