Panay News

LEGAL SHOWDOWN

All MIWD directors deemed terminated, says Espinosa ILOILO City – Mayor Jose Espinosa III is not anymore recognizin­g the current compositio­n of the Metro Iloilo Water District’s (MIWD) Board of Directors (BOD).

-  By Glenda Solog as toa

He is bracing for a possible legal showdown with the city’s water provider.

In a letter to the MIWD yesterday, Espinosa ordered the directors “to henceforth cease and desist from further performing the powers and functions of the members of the BOD… such as but not limited to your rumored plan to award a P12.349-billion contract to a private water distributo­r, MetroPac Water Investment­s Corp. (MIWC).”

Citing a recent Supreme Court ruling on Metropolit­an Cebu Water District, Espinosa said the appointmen­ts of the present MIWD directors were void.

“Their existence there has been terminated by the decision of the Supreme

Court that the law on which their appointmen­ts were based is void from the very beginning,” Espinosa said in a press briefing.

As such, “they could not bind MIWD ( to any deal) because their being there is now under question,” he stressed.

Espinosa, a lawyer, warned the MIWD directors against defying his “cautionary/cease and desist notice” to avoid the rigors of court litigation.

MIWD’s joint venture partner MIWC was also furnished with Espinosa’s letter.

The water district does not have the authority to award a P12.349-billion water distributi­on contract to MIWC, said the mayor.

The city government would take legal action if the deal pushes through, he warned MIWD.

“I don’t want to be accused of sleeping on the rights of Iloilo City consumers. Espinosa told city Ako hall na reporters. ‘ya karun

mabasulan In a decision kon ano dated mahinabo,” Dec. 6 on the Metropolit­an Cebu Water District case, the Supreme Court struck down Section 3 ( b) of Presidenti­al Decree (PD) 198 for being unconstitu­tional as “it thereby utterly disregarde­d the clear policies favoring local autonomy enshrined in the 1987 Constituti­on and effected by the 1991 Local Government Code and related and subsequent statutory enactments, and for being violative of the Due Process Clause and the Equal Protection Clause of the 1987 Constituti­on.”

Under Section 3 (b) of PD 198, if less than 75 percent of the total concession­aires are found in the city, the appointing authority shall be the governor.

The present set of MIWD’s BOD was appointed by Gov. Arthur Defensor Sr. of Iloilo province.

Espinosa confirmed he intended to appoint a new set of MIWD directors.

MIWD, act because it might prejudice the city of Iloilo. I have to protect the city and its residents. We should be consulted. We should know and be properly advised

plans said Espinosa. T h e c u r r e n t MI WD directors, who each have a term of six years, are Dr. Teodoro Robles ( chairman), Atty. Juanito Acanto, Dr. Jessica Salas, Ramon Cua-Locsin, and Atty. Josephine Abad- Caram. They were appointed by Gov. Arthur Defensor Sr. of Iloilo province.

Abad-Caram’s term will end in December 2018. Those of Robles and Cua- Locsin will expire in 2020 while those of Acanto and Salas, in 2022.

On Dec. 12, MIWD general manager Imelda Magsuci said they would defer to the opinion of their legal counsel regarding Espinosa’s call for them to refrain from taking actions or making decisions while he seeks clarificat­ion on who really has the authority to appoint the water district’s directors.

But she insisted that the appointmen­ts of MIWD directors were valid and had legal basis.

the applicatio­n of the law is prospectiv­e, retro(active). “Ang bal-an ko At the time

appoint board indi (of directors), latest nga ruling na- (of the ang Supreme mga Court),” said Magsuci wala who pa ang used to manage the water district in Davao City.

A c c o r d i n g t o C i t y Administra­tor Hernando Galvez, Espinosa’s his “cautionary/ cease and desist notice” was hand- delivered to MIWD yesterday by the City Legal Office./

 ??  ?? “I don’t want to be accused of sleeping on the rights of Iloilo City consumers,” says Mayor Jose Espinosa III.
“I don’t want to be accused of sleeping on the rights of Iloilo City consumers,” says Mayor Jose Espinosa III.

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