The mayor cited the Local Water Utilities Administration (LWUA) advice to issue the termination order being the city mayor, who has the appointing authority over the MCWD BOD. #MCWD #EdgardoLabella
The Metropolitan Cebu Water District (MCWD) chairman, board of directors and general manager rejected their termination by Cebu City Mayor Edgardo Labella calling it illegal and invalid.
“After careful perusal of your termination letter to all Metropolitan Cebu Water District (MCWD) Board of Directors (BOD), it is with deepest regret that the MCWD BOD, with full support from the entire MCWD as an organization, cannot imprudently accede or comply to the same,” MCWD Chairman Joel Mari Yu and General Manager Engr. Jose Eugenio Singson Jr. said in a letter dated 17 October 2019.
“At the onset, such order is illegal and invalid. It is in direct contravention of no less than the Philippine Constitution, Presidential Decree No. 198, existing relevant circulars and issuance, including jurisprudential guidelines,” the two officials said.
Labella responded by telling media, “Let them go to court.”
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The mayor cited the Local Water Utilities Administration (LWUA) advice to issue the termination order being the city mayor, who has the appointing authority over the MCWD BOD.
For her part, BOD Atty. Cecilia Jugao-Adlawan, in a Facebook comment, said her term as board started in January 2019 and will end by 31 December 2024 as stipulated in the MCWD charter.
Jugao-Adlawan represents the Professional Sector in the BOD and was endorsed by the Integrated Bar of the Philippines-Cebu City Chapter.
DAILY TRIBUNE tried to interview Augustus Pe Jr. but he was on a conference in Clark while Atty. Ralph Sevilla was attending a seminar.
Media-Legal sources said Yu and the BOD will cite as their legal ground,the illegal dismissal for lack of due process, while the directors can be removed for “just cause”, but due process too is required.
Earlier, the MCWD BOD, through Yu, insisted that they should not be blamed for the worsening water supply crisis in Metro Cebu as it was “fortuitous”.
Fortuitous is an unforeseen or inevitable event and at times called an act of God due to natural occurrence.
A lawyer-source,who requested anonymity, who had handled cases of MCWD particularly the case filed by then Cebu Governor Pablo Garcia on the issue on the appointing authority, told DAILY TRIBUNE that the MCWD BOD functions independently of the mayor or the local government unit after their appointments.
The source added that even LWUA’s authority over the BOD was very restricted.
