WATER DISTRICT’S CONFLICT WIDENS

MIWD manager, LWUA stir mayor, governor

By Francis Allan L. Angelo

THE protracted conflict between the Metro Iloilo Water District (MIWD) board and management has spilled over to the offices of the two top officials in the city and province of Iloilo.

The conflict, which has been going on for many months now, get more flares after the Local Water Utilities Administration (LWUA) declared that Iloilo Governor Arthur D. Defensor Sr. now has the power to appoint two new MIWD directors.

A news release from the office of MIWD general manager Le Jayme Jalbuena quoted LWUA administrator Daniel Landingin as saying that: “Based on our review/evaluation and validation, Iloilo City was not able to garner more than 75% of the total service connections in the district’s area of coverage, and as such, the appointing authority of the expiring Board of Directors of MIWD shall be the Provincial Governor,” not the city mayor.

Landingin cited Section 3-B of Presidential Decree No. 198 stating “that in the event that more than 75% of the total active service connections of a local water district are within the boundary of a city or municipality, the appointing authority shall be the mayor of the city or municipality, as the case may be, otherwise, the appointing authority shall be the Governor of the province within which the district is located.”

The news release also said that the terms of MIWD directors Bernadette Jamerlan Castellano and Engr. Adrian Moncada will expire end of this year.

Castellano served the unfinished term of Maria Luisa Segovia (representing the women sector) who resigned in February 2010 while Moncada filled in the seat vacated by Atty. Eduardo Aguillon (representing the professional sector) who resigned in December 2009.

NO LEGAL BASIS

LWUA’s latest pronouncement was in response to the letter Jalbuena sent to Landingin last month.

MIWD Director Moncada said they have not received a copy of Landingin’s letter nor did Jalbuena inform the board regarding his letter to LWUA on who should appoint the new MIWD directors.

A copy of Landingin’s letter to Jalbuena was furnished to the Office of the City Mayor.

Iloilo City Mayor Jed Patrick E. Mabilog, who is currently in the United States, said he has forwarded Landingin’s letter to the City Legal Office.

In a text message, Mabilog said he will not recognize LWUA’s latest overtures in MIWD saying the agency has no jurisdiction over the water district as regards appointing power.

Mabilog cited the case of Metro Cebu Water District where LWUA in 2005 also tried to wrest the power to appoint the members of the board from the city mayor and transfer it to the provincial governor.

“Until now, it’s the Cebu City mayor who appoints the directors despite LWUA’s pronouncements,” Mabilog said.

MIWD corporate secretary Hans Sayno said they are still looking for the law that empowers LWUA to direct or designate the official who can appoint the MIWD board of directors.

Sayno said they are questioning LWUA’s intervention in the matter since there is no law empowering the agency to determine and define the appointing power in water districts.

Sayno said LWUA’s latest incursion in MIWD has complicated his work since he is wondering where he will submit the nomination papers of persons who aspire to be MIWD directors.

Moncada said they do not know if the figures on MIWD concessionaires in the city and province which Jalbuena sent to LWUA are true or not.

Moncada said the management team has control over the operational figures of the water district.

CAREFUL STUDY

In a phone interview, Gov. Defensor said he will study the law and situation carefully before joining the fray.

Defensor said he has yet to read the law on who should appoint the MIWD directors.

“As a lawyer, I cannot jump into the issue without careful study of the issue first,” Defensor said.

Defensor said he is not interested in the power to appoint the MIWD directors “but it is worth looking into because I want to help.”

“Water is a serious problem in the city and province of Iloilo. I am also affected because I have been residing in Iloilo City since 1962. I am not interested in the power to appoint the directors, but I am interested in upgrading and improving the water district,” he added.

The governor said he will discuss the matter with Mabilog, LWUA, and the MIWD board and management team to thresh out the issue.

VICE MAYOR, DIRECTORS TWIT LWUA

Acting Iloilo City mayor and Vice Mayor Jose Espinosa III twitted LWUA chairman Prospero Pichay and Landingin for dabbling anew in MIWD’s affairs.

Espinosa reminded LWUA that Iloilo City still has the bulk of MIWD concessionaries.

“It is Pichay’s personal opinion and interpretation of the law. Why only now that he is interested in the affairs of MIWD? I am asking him and the management to go to court and charge the members of the board including the appointing officer and let us see who is right,” Espinosa asked.

Several board members also ignored the statement of Pichay, saying LWUA and Pichay have no business in interfering with the affairs of MIWD since the water district has no standing obligations with LWUA.

“If we have a standing loan obligation with LWUA, we can readily say that Pichay and LWUA may have a say in the operations of MIWD. But so far, we are clean against any obligation with LWUA,” MIWD board chairman Celso Javelosa said.

This is not the first time that LWUA dabbled in the MIWD squabble.

Last year, Pichay criticized the MIWD board for being stubborn and dispatched a 6th member of the MIWD board to keep tabs of the water district’s affairs.

Early this year, Pichay threatened to take over the MIWD board. But Mayor Mabilog repudiated the LWUA chairman saying he will take charge of the problem and proceed with possible solutions to the water shortage. (With reports from LCPendon)