Powerplay between 2 BODs in standoff
TACLOBAN CITY — The clash of power between two boards of directors (BOD) — one of Tacloban City Mayor Cristina Romualdez and the other of Leyte Governor Dominic Petilla — of the Leyte Metropolitan Water District (LMWD) remains in a deadlock to this day, since the conflict started on January 17.
Romualdez on December 11 appointed new members of the BOD, but the old BOD appointed by Petilla refused to yield their posts, insisting that they are the rightful officials of the utility body.
Citing legal issues, the old officials refused to vacate their posts, which triggered a series of protests outside the LMWD office from supporters of the new directors who also holed themselves up inside the LMWD compound.
While Romualdez so far remained silent over the impasse, Petilla finally broke his silence yesterday by appealing to the employees and to the Romualdez’s BOD “to respect the law,” saying he is more concerned on the possible negative effect on the thousands of water concessionaires.
In an interview over DyVL Aksyon Radyo, Petilla reiterated his call on the Romualdez’s BOD to refrain from defying court orders. "What I am afraid of is that this may hamper the operations of the LMWD if they will continue to control vital facilities of LMWD, serving 36,000 families in some towns in Leyte province and Tacloban," he said.
Last January 17, at least 145 regular employees of LMWD however publicly aired their support to the Romualdez’s newly appointed BOD, which LMWD’s acting general manager Pastor Homerez had recognized in a press briefing as the duly named officials while withdrawing his support to the BOD of Petilla.
“Anchored on the recently decided case of the Supreme Court, Romualdez exercised her mandate and appointed a new set of BOD for LMWD which has assumed their duties and functions and such, and was given due recognition and full support of the employees and the undersign,” said Homeres surrounded by majority of 300 employees.
On January 19 (Friday), the BOD of Petilla held an urgent meeting and recalled the appointment of Homeres as general manager of LMWD. On Tuesday, they named Adolfo Olaya, a retired police colonel, as their recognized general manager of LMWD.
The Petilla’s BOD were however denied entry into the LMWD office at Barangay Nula-Tula in Tacloban, prompting them to put up their temporary office, with some loyal employees, at the Leyte Academic Center in nearby Palo town.
Yesterday morning, the Petilla group headed by Olaya took full control of the LMWD plant at Barangay Tingib in Pastrana town. They put up a backhoe as barricade at the entrance of the plant. While the police are there to secure the water source, Olaya said he and his people will not resort to chaos, but will abide by the law.
Aldin Surpia, one of those appointed by the governor, said in a radio interview on Monday they will continue to function as legitimate officials of the water district. “Our lawyers have taken legal actions since the court has not yet make a final ruling on the management issue. We are still the legal and legitimate BOD, but we cannot function because we are denied to enter the LMWD premises,” he said.
The LMWD main office in Nula-Tula is being guarded by members of the LMWD Employees Association and policemen from Tacloban City and the Police Regional Office-8. “With the insistence of the old board appointed by the Leyte governor to still be legitimate officials, peace and order have continued to be disrupted,” Homeres said.
Homeres, who incidentally called for an investigation of alleged corruption committed by the old BOD over projects’ implementation—such as office building constructions, pipelines, and purchase of vehicle, among others---said he chose to be silent for years on these issues, but “I now have the courage to tell the public” about these.
The LMWD Employees Association, for its part, said it is withdrawing support to the Petilla officials, after the latter refused to implement the collective bargaining agreement entered into by the management and workers in 2006.
Romualdez issued an appointment of a new set of directors for LMWD after the Supreme Court handed down a decision declaring as unconstitutional Presidential Decree 198 mandating that a local government, if it has 75 percent of water consumers of a water district, has the authority to manage the agency.
The city government said that, based on the 2014 LMWD report, 67.5 percent of the water district’s consumers is in Tacloban City.
“Having the majority of the total active water service connections of the local water district, which are within the boundary of such city, the mayor is the person empowered to appoint the members of the BOD of such local water district,” Romualdez said.
As of December 2016, the total active number of service connections was 33,832— including the towns of TabonTabon, Sta. Fe, and Pastrana. Approximately 60,000 cubic meter of potable water is delivered to the LMWD service areas every day with the main bulk of supply coming from Jaro and Pastrana towns.
One of the sensitive matters affected by the standoff is the venue for the payments of monthly dues of concessionaires. Most were confused on where to pay their dues—at the Nula-Tula main office or at the Mabini Street branch.