Lawyer insists: Capitol can't appoint MCWD Board

CEBU, Philippines - The lawyer of Metro Cebu Water District (MCWD) Board Member Juan Saul Montecillo told the court yesterday that the provincial government has no basis interfering into the appointment of members of the MCWD Board.

Lawyer Benjamin Militar made the statement during the hearing of the injunction case filed by the province, which asked the court to stop Mayor Michael Rama and other city officials from appointing new members of the MCWD Board.

Montecillo intervened in the case because the province also asked the court to order Rama to withdraw his appointment and that of former city councilor Manuel Legaspi.

Governor Gwendolyn Garcia has argued that the authority to appoint members of the Board belongs to the province and not to the city.

But Militar said Garcia’s argument has no basis.

Citing Section 6 of Presidential Decree 198, Militar said “once formed, a District is subject to the provisions of this Act and not under the jurisdiction of any political subdivision. For purposes of this Act, a district shall be considered as a quasi-public corporation.”

He said MCWD should be independent from any political aspect and that the governor cannot exercise her powers outside the territorial jurisdiction of the province. After all, he said, the province had no participation in the management of MCWD.

Garcia had asked the court to issue a permanent mandatory and prohibitory injunction against the Cebu City officials after she learned that Rama had appointed Legaspi and reappointed Montecillo.

Yesterday, Regional Trial Court Judge Gilbert Moises said Capitol’s motion for a writ of permanent injunction and Montecillo’s motion for intervention will be set for resolution. (FREEMAN)