Pabling says: Capitol has the final say on MCWD board

Former Cebu governor and now 2nd district Rep. Pablo Garcia insisted on the authority of the Capitol to appoint the board of directors of the Metropolitan Cebu Water District.

This despite the recent comment of the Office of the Solicitor General that supports the arguments of the Cebu City government on the matter.

Rep. Garcia, father of Gov. Gwendolyn Garcia, even called Mayor Tomas Osmeña’s appointment of Joel Mari Yu as replacement of former MCWD board member Adelino Sitoy “illegal”.

In an interview with reporters during the Regional Development Council and Regional Peace and Order Council joint meeting the other day in Tagbilaran City, Bohol, the former governor said only the Capitol has the authority to appoint member of the MCWD, citing the provisions of the Provincial Water Utilities Act of 1973, which governs the creation and operation of the water district.

Rep. Garcia said Cebu City became a chartered city in 1971 while the while the Provincial Water Utilities Act was created in 1973.

And even with the support that the city got from Solicitor General Alfredo Benipayo saying that the city has the power to appoint MCWD board members, Rep. Garcia insists the law should be followed.

The solicitor general acknowledged that any decision on who has the appointing power over the members of the board of the MCWD must take into consideration the laws that came into being after the MCWD was formed and after Cebu City separated from the province.

Section 3 (b) of Presidential Decree (PD) 198 or the Provincial Water Utilities Act of 1973 provides that “in the event that more than 75 percent of the total active water service connections of a local water district are within the boundary of a city, the appointing authority shall be the mayor of that city or municipality, as the case may be, otherwise the appointing authority shall be the governor of the province within which the district is located.”

Citing this provision, on May 2, 2006, Gov. Gwendolyn Garcia, the congressman’s daughter, filed a petition for declaratory relief, asking the court to rule that the power to appoint the members of the MCWD board belongs to the province. The said case is pending before Regional Trial Court branch 20.

Despite the pending court case, Osmeña signed Yu’s appointment papers on Feb. 22, which surprised the provincial capitol officials.

The governor, however said they would challenge Osmeña’s move in court threatening to file contempt charge against the mayor.

Osmeña belittled the governor’s threat, saying the court has not yet issued any order prohibiting him from exercising his appointing authority over the members of the MCWD board.  –Liv G. Campo/BRP