For "usurpation of authority": Daluz, 2 others sued

CEBU, Philippines — Metropolitan Cebu Water District (MCWD) chairman Jose Daluz III and his two allied board members have been sued for usurpation of authority and official functions by the two other directors belonging to the other faction.

MCWD board members Danilo Ortiz and Earl Bonachita filed the criminal complaints against Daluz, Miguelito Pato and Jodelyn May Seno before the Cebu City Prosecutor’s Office on January 31.

   Ortiz and Bonachita accused Daluz, Pato, and Seno of continuing to commit alleged illegal acts by usurping the authority and official functions of the MCWD board despite having been fired by Mayor Michael Rama on August 1, 2023.

Rama appointed as replacements retired general Melquides Feliciano, Atty. Aristotle Batuhan, and businessman Nelson Yuvallos. However, the Local Water Utilities Administration (LWUA) did not recognize the new appointments.

LWUA, which has supervision over all water districts in the country, ruled that the local chief executive does not have the authority to remove members of the MCWD board and continued to recognize Daluz and all the incumbent directors, Ortiz and Bonachita included.

But Ortiz and Bonachita ceased from attending board meetings of the Daluz-led board. Instead, the two have since been attending the board meetings called by Feliciano prompting the Daluz-led board to declare their seats as vacant after admitting that they do not recognize Daluz anymore being told to explain their absences.

In an interview with The Freeman last night, Daluz described the filing of the complaints against them as “malicious prosecution” and “harassment.”

According to Daluz, he remains to be the legitimate chairman of the MCWD board recognized by LWUA. He said that Ortiz and Bonachita are supposed to be among the legitimate members of the MCWD board but they abandoned their duties and responsibilities by choosing to be in the Feliciano-led faction. 

Daluz warned that he would take a counter legal action for “malicious prosecution” against Ortiz and Bonachita.

In statement sent to The Freeman, Ortiz and Bonachita claimed that Daluz and his allied directors “has already prejudiced the management of MCWD and consequently has been detrimental to the essential water services it provides to the public”. 

They sought the intervention of the law enforcement to prevent the alleged continuing usurpation of authority committed by Daluz and his allies.

Meanwhile, Rama refused to comment on the new logo and slogan of MCWD launched by Daluz the other day.

Instead, Rama wishes the national government to look into the tug-of-war between Daluz and his appointees.

“Ang pangutana, naunsa na ning atong pang gobyerno sa kinatibuk-an?...I wish they will still have time to think of Cebu City kay ang ila karong dakong concentration is about this domestic concerns about families…Plus serious accusation with each other,” Rama said.

Rama asked everyone to pray that the issue with MCWD will be over soon.

“If they cannot look at what’s going on, then we have to pray…We really have to pray that matters with national interest has to be given priority with prior focus…Basta parte gani’g MCWD, naa na akong gibuhat ang bag-ong set of officers pursuant to an authority that has not been refuted...decisions by the court that has not yet been overthrown…put this altogether as far as the mayor, there is only one MCWD Board, the one that the Mayor, pursuant to his right to appoint, that also has implication, the right to remove…he had already exercised,” Rama stressed.— FPL (CEBU NEWS)