Court slaps 20-day TRO on MIWD interim board
The Regional Trial Court Branch 23 has issued a 20-day temporary restraining order on the interim Board of Directors of the Metro Iloilo Water District, directing them to cease and desist from exercising their duties and functions as a board starting yesterday.
The interim Board, composed of Emmanuel Malicdem, chairman; Hermilo Balucan, vice chairman; Enrique Gita, Atty. Romeo Gerochi and Jessica Salas, as members, were appointed by the Local Water Utilities Administration last November 15 after it declared the appointments of the incumbent directors null and void.
Judge Edgardo Catillo, however, cited “injustice” to the petitioners, led by ousted director Sergio Gonzalez, considering that their functions as members of the MIWD Board was discharged by no less than the LWUA who confirmed and recognized their appointments based on the letters it sent to the MIWD management dated May 11, 2009 and March 16, 2010.
The incumbent Board is composed of Bernadette Castellano and Adrian Moncada, whose terms will expire on December 31 this year; Celso Javelosa, whose appointment is until 2012; Sergio Gonzalez and Danilo Encarnacion, whose terms will end in 2014 yet.
‘In Question’
The court also said the legality of the respondents’ appointments issued by LWUA as interim MIWD Board is still “in question” because there is no provision under Presidential Decree 198, as amended, authorizing LWUA to make such appointment.
The authority of LWUA in appointing an interim Board is only limited when the water district has financial obligation to LWUA which is not applicable on this case, it added.
The court added that the MIWD Board are considered government employees and subject to civil service laws so the petitioners cannot just be summarily ousted or removed from the office by LWUA for the interest of justice and due to extreme urgency.
The hearing for the issuance for writ of preliminary injunction is set on November 30.
Meanwhile, Javelosa, chairman of the MIWD Board, said they assumed office after receiving the court order yesterday morning.
He said they will review all the approved resolutions and policies made by the interim Board especially the construction of two deep wells worth P8 million in Oton and San Miguel towns.
Javelosa said if the interim Board approved resolutions which favor the majority, they will adopt the resolutions. If not, they will nullify all these policies.*
