THREE OF the five members of the Metropolitan Cebu Water District (MCWD) board who were terminated in October by Cebu City Mayor Edgardo C. Labella have asked a local court to nullify the dismissal order. The petition — filed on Oct. 8 by Ralph Sevilla, Augustus Pe, and Cecilia Adlawan — also seeks a temporary restraining order on the termination and the designation of interim members of the MCWD board as well as P1 million in moral damages. Named respondents in the case are Mr. Labella, Local Water Utilities Authority (LWUA) acting administrator Jeci A. Lapus and LWUA board members Roberto San Andres, Eileen dela Vega, and Christina Marcelina. “The facts of the case clearly demonstrates respondents’ malicious, brazen, and wanton disregard and violation of the constitutional rights of due process of the plaintiffs most especially the plaintiff members of the MCWD board of directors,” the 33-page petition reads. It cites Section 8-12 of Presidential Decree 198 or the Provincial Water Utilities Act of 1973. The three petitioners said LWUA and Mr. Labella violated the MCWD Charter, contending that there is nothing in LWUA’s Charter that authorizes it to take over, either partially or fully, the operations of a local water district like MCWD.

READY
The mayor, meanwhile, said he already expected the filing of the case and is ready to answer the charges in court. “Filing a case is one thing and proving it is another,” Mr. Labella said. “I will just prepare the necessary controverting evidence as part of the due process required… We are ready to answer them in the proper time,” he added. City Legal Officer Rey M. Gealon said the mayor can terminate the members of the board of directors of a local water district for causes as provided by law, like failing to meet the fit and proper standard as prescribed in Republic Act 10149, the Government-owned and Controlled Corporation Governance Act of 2011, or for loss of trust and confidence as provided in jurisprudence. “The law is on our side and we have nothing to fear,” Mr. Gealon said. — The Freeman

RELATED ARTICLESMORE FROM AUTHOR