As MCWD Saga continues: Rama wants GM out

CEBU, Philippines —  After Metropolitan Cebu Water District (MCWD) Board of Directors (BOD)Chairman Jose Daluz III and two other BOD members, Cebu City Mayor Mike Rama this time wants MCWD General Manager Edgar Donoso removed.

This was after Donoso and officials of MCWD employees organizations issued an "advisory" declaring support for a "status quo," which essentially means backing Daluz, Miguelito Pato, and Jodelyn Seno, whom Rama replaced, to remain as part of the BOD.

“I want him (Danoso) out..That is my position, I want him out,” Rama said in yesterday's episode of his program "Ingna'ng Mayor" aired over the City's social media platform "Sugboanon Channel."

“I already called the attention of (the) city administrator, Atty. Collin Rosell, on this and hope (he) discusses it with Acting Mayor Raymond Garcia,” he further said, adding that he has “police power” to do so.

Rama said Danoso already lost his respect.

“I’ve always been factual.... I don’t want to be including anymore any personality, including the GM. He does not carry my respect anymore,” he said.

Rama said that to avoid any confusion, the MCWD management should have helped resolve the issue instead of meddling.

“I remain, we have a new set of board (of directors).... Gusto sila mutabag dili maglibog, silay moresulbar. Dili kay apil na sad nilang mga tawo…I wish I am there, I wish the vice mayor (Garcia) hear it out,” said Rama, who is currently vacationing in Australia.

He was referring to retired general Melquiades Feliciano, Atty. Aristotle Batuhan, and businessman Nelson Yuballos, whom he appointed last Oct. 31 to replace Daluz, Pato, and Seno.

Asked to comment on Rama's intent to remove him as MCWD general manager, Donoso said he would continue “to defer to the wisdom of the same set of directors if they find it necessary to retain (my) services.”

“It is important to note that Section 23 of PD 198, as amended stipulates, that the Board shall appoint a general manager, define his duties, and fix his compensation and said officer can only be removed from office for cause and after due process,” Donoso said, in a statement released to the media yesterday.

“I continue to hold Mayor Michael Rama in high regard, and I hope he understands that MCWD's stance is solely motivated by the necessity to uphold the authority of our governing body, establish a clear direction, and ensure uninterrupted service,” he added.

Meanwhile, despite the MCWD officials and employees' "status quo" stance, which in effect retained Daluz as BOD chairman, Feliciano said he would continue to function in a similar capacity.

He said that the Cebu City Legal Office is already working on the situation and that there would be a result soon.

"In the meantime, based on our appointment from the  person in authority, mo-function mi as regular board members," Feliciano said.

The Local Water Utilities Administration (LWUA), though, had said Rama has no power to remove Daluz and the others, putting his appointment and that of Batuhan and Yuballos in question.

In an Oct. 17, 2023 letter, whose electronic copy the City Government received only last Nov. 6, Atty. Vicente Homer Revil, LWUA administrator, and Atty. Roberto San Andres, LWUA legal department manager, said that local executives have no authority to remove the chairperson and members of a water district's BOD.

They cited Section 7 of Presidential Decree No. 198 (Provincial Water Utilities Act of 1973), which they said clearly establishes the relationship and control of local government units over water districts.

"Water Districts once formed, are subject to provisions of Presidential Decree (PD) No. 198, as amended, and not under the jurisdiction of any political subdivision," Revil and San Andres said.

"Water Districts are autonomous agencies independent of local governments. It should be best that they are allowed to operate without the least hindrance and interference from the local officials but with a maximum support and assistance," they added.

City Hall, though, contended that what Revil and Andres said were not valid as it was made without authority from the LWUA board.

Last Wednesday evening, Donoso and MCWD employees associations' officials released an "advisory" on their adoption of a "status quo" to counter a potential confusion that the ongoing leadership dispute may cause.

“In a meeting with representatives from all MCWD employees' associations-namely, the Association of MCWD Managers (AMM), MCWD Supervisors Association (MSA), MCWD Employees Union (MEU), and Non-Regular Manpower Resources Association (NRMRA)-it was unanimously decided that MCWD would adopt a STATUS QUO STANCE,” read the advisory.

Donoso, Cristine Caballes (Association of MCWD Managers), Engr. Joseph Caballes (MCWD Supervisors Association), Samuel Soson (MCWD Employees Union), and Daniel Lim (Non-Regular Manpower Resources Association) signed the letter on behalf of the MCWD officials and employees.

The advisory gave weight to the LWUA communication from Revil and San Andres.

“The decisive ruling from LWUA which states that local executives have no authority to remove the chairperson and members of the Board of Directors of a Water District, brings much-needed clarity, putting an end to the confusion that has recently plagued the water district,” read the advisory.

It further stated that the MCWD officials and employees would only acknowledge as the BOD composition those entities who were specified in a March 02, 2023 LWUA letter.

The letter was for the confirmation of the appointment of Atty. Danilo V. Ortiz as an MCWD BOD member representing the civic sector. The same letter stated that the other BOD members were Atty. Earl M. Bonachita, Seno, Pato, and Daluz (as chairman).

In an interview yesterday, Daluz expressed happiness over the "advisory", saying it was made because the MCWD officials and employees always follow the "rule of law."

He said the advisory should serve as a message to Rama that MCWD is an independent agency.

"This is a message to everyone nga kani bang kapritso sa mayor, wa gyud nay angay sa atong siyudad, nga not everytime matuman ang mayor," Daluz said.

Asked for his comment on Feliciano saying he would continue to dispense with his function as Rama's appointed BOD chairman, Daluz said they would continue to observe "tolerance".

He said, though, that Feliciano, Batuhan, and Yuballos can continue reporting as part of MCWD's BOD once they have a confirmation from the LWUA.

He said that while the mayor has the authority to appoint the BOD members, the appointees still need to be confirmed by the LWUA.

"In fact, si Mayor Mike Rama gani, submitted to the authority of the (LWUA) administrator in March (2023) when he submitted his confirmation sa duha ka mga appointees niya nga sila si Ortiz and Buenachita," Daluz said.

He, however, expressed hope that Feliciano, Batuhan and Yuballos would stop reporting and convening the BOD inside the MCWD board room, as their meetings were "invalid".

"And nakita sad na sa atong MCWD, nga wala man sila ma-confirm…. We are hoping nga on their own…they will refrain from holding board meetings," Daluz said.

Feliciano, though, said that Donoso and the others have no legal say on the removal or appointment of MCWD BOD members.

Despite the LWUA's communication and the stance made by the MCWD officials and employees, he said they would continue to conduct regular board meetings at least four times a month.

On the resolutions approved by the BOD under his leadership that the MCWD management allegedly did not follow, Feliciano said the time would come that they would be implemented. (BANAT NEWS)