RTC to rule on TRO vs. new board
TACLOBAN CITY — The motion for a temporary restraining order against the assumption of the newly named board of directors (BOD) of the Leyte Metropolitan Water District (LMWD) is now in the hands of Judge Leonido Sabandal of Regional Trial Court-branch 9 in Tacloban City.
Sabandal was supposed to render his decision on the motion for a TRO on February 1 (Thursday), but he was still in Manila so the promulgation of his judgment was deferred to a time that he will announce later on to the contending parties.
The BOD members, who were appointed by Leyte governor Petilla, and in power over the past 11 years, asked the RTC to issue a TRO stopping the new BOD members—who were appointed by Tacloban City Mayor Cristina Romualdez on December 2017—from taking over the post.
The Romualdez-named directors— supported by at least 145 regular employees and the OIC general manager Pastor Homerez— occupied the LMWD main office at the city’s Barangay Nula-Tula, and barred the old Petilladirectors from entering the premises.
This resulted in a fiery atmosphere over LMWD, with the two BODs clashing over the issue of who between them is rightfully in power. The clash however ended in a deadlock, with no resolution in sight and with no one giving up.
While the Romualdez-BOD got the LMWD main office, the Petilla-BOD, supported by at least 17 regular employees, insisted on its being the legitimate board, and occupied a temporary office at the Leyte Academic Center in nearby Palo town, the home of the Petillas.
Teodoro de Veyra, chairman of the PetillaBOD, claimed that the appointment of the BOD by Romualdez was manipulated and fake, and that their taking over of the LMWD in Nula-Tula under their control was illegal and without basis. This prompted also the PetillaBOD to elevate the matter to court, and sought for a TRO.
"We have to wait for the decision of the court whether the TRO we are asking will be granted. For now, we will continue to function as our mandate is to serve for the best interest of the 36,000 families under the coverage area of LMWD," said De Veyra during the news conference,
But Governor Dominic Petilla, in his earlier statement, expressed fear that the present situation hounding the LMWD might result in negative effect to water concessionaires and his BOD’s plan for better service of water supply.
More than four decades ago, the Leyte Provincial Board created LMWD by merging the Leyte Metropolitan Water System and the Tolosa Waterwork System, during the time of the then Governor Benjamin “Kokoy” Romualdez.
On Monday (January 29) Mayor Romualdez, also in a news conference, issued a statement that the water supply has been elusive to the Taclobanons, saying that even before the supertyphoon Yolanda devastation, the city residents have been suffering from scarcity of water.
Romualdez said: "The problem on water supply extended to communities in the northern part of the city, where the more than 12,000 Yolanda survivors and displaced families now live. This amplified the cry of Taclobanons for water, but one that has fallen on deaf ears during the past administration."
She also said that President Rodrigo Duterte, during the 3rd commemoration of Yolanda destruction, vowed to fast track the Yolanda rehabilitation project, including the water system as an essential utility for the public.
The mayor said that due to this predicament, “we implored on the authority of President Digong, who then referred the matter to the Local Water Utilities Administration (LWUA), to possibly assume the management, administration, and policy-decision powers over LMWD for the latter's alleged failure to meet all commitments for adequate, satisfactory and reliable water supply for the city."
The Tacloban City government argued that it has the appointing powers for the BOD, citing a Supreme Court ruling on December 6, 2016 (Mayor Michael Rama of the Metropolitan Cebu Water District et. Al. vs. Gilbert Moises), that the mayor of a highly urbanized city— having the mere majority (instead of 75 percent requirement) of the total active water service connections of a local water district, within the boundary of such city—"should be the person empowered to appoint the members of the BODs of such water district.”
With this SC ruling, Romualdez appointed a new set of directors for LMWD, Engineer Roberto Munoz; Bernardita Valenzuela; and lawyers Bautista Corpin Jr., Jennylyn Polistico-Manibay, and Sharilee GaspayMauro, replacing the Petilla-named directors.
Homeres, the LMWD general manager, said that at least 60,000 cubic meters of portable water is delivered to the LMWD service area daily from the source or plant in Dagami and Pastra towns in Leyte. The city government said that based on the 2014 LMWD report, 67.5 percent of the water district’s consumers is in the regional capital of Tacloban.
Presidential Assistant for Special Concerns Undersecretary Wendel Avisado, who visited the LMWD on Monday, clarified however that President Duterte will not intervene in the ongoing chaos at the LMWD. He also congratulated the Romualdez "for exercising her right to conduct the affairs of the LMWD, pursuant to the SC decision," and ensuring adequate water supply for the city, especially the resettlement areas.