Mike, Tom fight Gwen's 'power' over MCWD in SC

CEBU, Philippines - Mayor Michael Rama and South District Rep. Tomas Osmeña might have parted ways politically, but they continue to share the same stand on one issue – Governor Gwendolyn Garcia has no power to appoint the members of the Metropolitan Cebu Water District (MCWD) Board.

Rama and Osmeña, together with MCWD General Manager Armando Paredes and MCWD Board members Eligio Pacaña and Joel Mari Yu, filed a petition for certiorari before the Supreme Court to stop the execution of the order of the Regional Trial Court granting Garcia the right to appoint the members of the MCWD Board. 

The decision was penned by RTC Judge Gilbert Moises.

The petitioners said Moises’ decision was unconstitutional and was rendered with “clear ignorance of the constitutional violations of a provision of Presidential Decree No. 198 or Provincial Water Utilities Act of 1973.”

“The ruling of Judge Moises that Garcia has the authority to appoint members of the board violates the local autonomy of the local governments involved in the water district in particular Cebu City,” they said.

They cited three grounds in the petition: That respondent court abdicated its constitutional duty in refusing to delve on the issue of constitutionality, that the judgment is void on its face because of clear constitutional violations apparent by a mere reading of the decree, and that the judgment violates due process and the equal protection clause of the constitution.

“It violates the equal protection clause since it arbitrarily discriminates municipalities and cities by granting provincial government the right to appoint even if they do not have the majority of water service connections,” petitioners said.

In a decision penned on November 16, 2010, Moises denied the motion for reconsideration filed by the Cebu City Government, which asked that the lower court to revisit its decision.

Moises said the percentage of water consumers in the city does not reach 75 percent, thus, the power to appoint the members of MCWD lies on the governor.

However, the city government said the court’s interpretation of Section 3(b) of Presidential Decree 198, or the Local Water District Law is incorrect, thus, the filing of the petition for the Supreme Court.  (FREEMAN)