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No vacancy at the MIWD

City Mayor Jose Espinosa III should quickly pull out the appointments he made for the Board of Directors of the Metro Iloilo Water District and reverse his position that the entire five-man board was rendered vacant.
In December 2016, the Supreme Court ruled as unconstitutional a provision in the Local Water Utility Act (PD 198) that gives the power to appoint members of the BOD to the provincial governor when the number of active users of an HUC fall below 75% as it applied to the Metro Cebu Water District.
The ruling did not create a vacancy in the existing BOD of the MCWD.
What happened was that one seat in the BOD was vacated in December 2016 which was about when the decision came out. That’s because the six-year term of Atty. Manuel Legaspi expired at the end of December 2016. The next month, January 2017, Cebu City Mayor Tomas Osmena appointed Jose Mari Yu to replace Atty. Legaspi.
Yu is now the Chairman of the Board of Directors of the MCWB.
The other four BOD members whose terms had not expired continued to occupy their board seats and will remain there until their terms expire.
LET ME REPEAT: CEBU CITY MAYOR TOMAS OSMENA APPOINTED ONLY ONE DIRECTOR TO FILL UP ONE VACANCY.
This has been my position since this controversy broke out since last year.
True, the ruling on the MCWD applied to all water districts in the country that are similarly situated. But the Supreme Court ruling did not create a vacancy in the MIWD. It certainly did not happen that way in the case of Cebu City.

Hence, the power of the City Mayor to appoint did not arise as yet. Besides, there are procedures to be followed in the appointment process. For instance, the law requires that when a vacancy occurs, the Board Secretary is required to solicit nominations and submits a short list to the appointing authority.
Before the City Mayor gets into deeper trouble, my advise is for him to recall the appointments. Better to be embarrassed than be knocked out by a suspension on this.
I’m sorry to say this, but Mayor Joe III has gotten bad advice on this. He should be careful about making decisions on matters that can have enormous repercussions.

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