Termination ‘illegal and invalid’: MCWD board defies Labella

CEBU, Philippines — No, they are not heeding.

Members of the Metropolitan Cebu Water District’s board of directors will not yield to Cebu City Mayor Edgardo Labella’s order sacking them from their posts for their supposed failure to solve the water shortage problem of the city and the metro.

In a letter dated October 17, MCWD board chairman Jose Mari Yu told Labella that “after a careful perusal of your termination letter, it is with deepest regret that the MCWD BOD, with the full support of the entire MCWD organization, cannot imprudently accede or comply to the same.”

Yu said the order is “illegal and invalid” because it allegedly violates the provisions of the Philippine Constitution, Presidential Decree No. 198,  as well as existing circulars and issuances and jurisprudence.

The letter did not specify the provisions of the law violated. However, Yu further said that despite the “illegal order, MCWD shall remain steadfast in performing its mandate given all the fortuitous circumstances that hinder it from doing its job.”

“It shall continue to cooperate with the local government units within its service area to find ways and solutions to serve the people,” he said.

Yu ended his letter by saying that MCWD is hopeful Labella will continue to uphold and respect the autonomy and independence of the water district.

Labella has yet to issue a comment on the letter.

But in an interview with reporters earlier in the day yesterday, Labella said he expects the five terminated MCWD officials to file a case against the city government.

“Filing a case is one thing; proving it is another. We cannot prevent them from filing any injunctive relief. That’s their life,” he said.

City Councilor Raymond Alvin Garcia said that it is possible for the terminated MCWD officials to ask for a temporary restraining order from the court.

He added that if these officials choose to appeal their termination in court, a new MCWD board may not be easily determined, which means that the posts may remain vacant longer than expected.

Shortlist?

At least 25 names had been floated to fill the vacant posts at the MCWD board, including former Cebu City mayor Alvin Garcia and newspaper columnist and radio commentator lawyer Frank Malilong.

No less than the mayor disclosed that among the 25 recommended personalities are former mayor Garcia, the father of incumbent Councilor Garcia.

Another is Malilong, who writes a regular column in a local daily and hosts a radio commentary program.

The third one is Governor Gwendolyn Garcia’s trusted advisor, lawyer Manolette Dinsay.

Labella, who has the authority to appoint the members, said that the basis in appointing the new MCWD board of directors includes the candidate’s merits and qualifications.

He added that he is willing to accept recommendations on the people who deserve to be in the positions.

“Regardless on whoever will make a recommendation, of course, we will consider… Everybody can make the recommendation, even the ordinary individuals,” said Labella.

Labella also said that the selection for the next set of MCWD board will not be easy since he will have to evaluate these recommended persons if they are fit for the post or not.

“Whoever well-meaning persons who’d recommend somebody to be appointed in the MCWD board, it is going to be evaluated,” said Labella.

Labella assured that the decision will not solely come from him alone.

“I have to consult with the other officials,” he said.

Butuanon

Meanwhile, Mandaue City Mayor Jonas Cortes has suggested to the MCWD to explore the development of gabion dams in the Butuanon Watershed.

Cortes said the water collected will be a good addition to the 2,000 cubic meters per day of groundwater sources that MCWD will develop for the city.

He also suggested a site for a rainwater catchment.

Aside from the supply from the wells, the city will also receive additional volume once the Danao City Bulk Supply begins in 2020, the MCWD said in a statement.

MCWD and its private partners have wells in Mandaue City with a total production of 20,000 cu. m. per day but the water demand in the city is at 95,000 cu. m. per day as of 2019. JMD (FREEMAN)