COA, banks recognize OIC GM Lapid
CEBU CITY (April 15, 2024, Updated 7:30pm) – The suspended directors of the local water district have anchored themselves on half-truths if only to hang on to their positions, according to the administrator of the country’s water regulatory.
“Meron tayong batas, managot sila,” declared lawyer Jose Moises “Joy” Francisco Salonga, administrator of the Local Water Utilities Authority (LWUA).
“In good faith, you try to accept other people as gentlemen. It’s a sad day for Cebu because they are showing that they are not gentlemen,” Salonga said when interviewed over DySS Super Radyo this morning.
The local radio station called Salonga after news broke early morning today that suspended general manager (GM) barred designated acting GM lawyer John Dx Lapid from entering the Metropolitan Cebu Water District (MCWD) head office.
“How very ungentlemanly of them to do this,” he added, referring to suspended MCWD directors Jose Daluz III, Miguelito Pato and Judelyn Mae Seno, and suspended GM Edgar Donoso.
Salonga said they defied legitimate orders from the national government. “Hindi nila pagmamay-ari ang MCWD. Ano ba talaga ang meron dyan at ayaw nilang bumaba and serve their suspension?” he asked.
“Akala seguro nila, sa tagal nila’ng umupo sa MCWD, sila na may-ari ng MCWD,” he remarked.
Hindi nila pagmamay-ari ang MCWD. Ano ba talaga ang meron dyan at ayaw nilang bumaba and serve their suspension? Akala seguro nila, sa tagal nila’ng umupo sa MCWD, sila na may-ari ng MCWD.
LWUA administrator Joy Salonga
Biased interpretation
He argued that the suspended officials interpreted the opinion of the Office of the Government Corporate Counsel (OGCC) in a way that fits them and highlighted only the opinion they think benefits them.
“If you read it, it says that LWUA has the authority and (must) do due process. That’s it,” Salonga said. “They just follow the rules that they make up,” he added.
The suspended officials “have a penchant to obeying the law only when it’s convenient for them. When it’s not convenient, they make up other stories,” he pointed out.
He acknowledged the opinion that, “walang halo, walang dagdag, LWUA has the authority to take over and put in an interim board, provided there is default in financial obligations.”
But he added that, as the OGCC highlighted, “ito ‘yung importatante na hindi nila sina-cite, and (also default in) other covenant, promises or obligations” cited in a contract between LWUA and MCWD.
“Isa pa’ng dinagdag na OGCC opinion is that they should be afforded due process,” Salonga said. He lamented that, while LWUA afforded the suspended officials due process, “they did not even answer.”
“Sa tingin ko, they are waiving their rights to reply because wala na man silang masagot,” he pointed out.
“Ang sinasabi lang nila, eh, wala’ng due process, pero ‘eto, sa amin ang mga papeles. This is not a penalty. This is just for investigation. Ayaw lang nilang bumaba,” he added.
Regulatory role
Salonga emphasized that LWUA is only doing its role as the country regulatory agency in providing then public with water services.
“Let the regulator scan, analyze sa mga nangyayari dyan. Kayo na lang mag-iisip. Your guess is as good as mine why these guys don’t step down muna,” he remarked.
He also noted that Donoso’s claim of “status quo” has no basis in law.
He recalled the suspended officials at first heeded LWUA’s orders. “Papaano sila na-appoint ulit? Ang nag-appoint ng board is LWUA, or the mayor. Mayroong mga appointing authorities ‘yan,” he noted.
Salonga belittled Donoso’s claim the employees wanted them to stay. “The employees of MCWD cannot put a chairman. They cannot appoint a director. Ano ba ‘to? Mayroon tayong batas. Mayroon tayong rules,” he pointed out.
He also cautioned politicians from interfering, saying “I urge the politicians, the government officials there, to abide by the rule of law.”
“It was very clear naman with Gov. Gwen Garcia that LWUA has the power to do this (intervention), tapos ang sabi nga ng OGCC provided na may due process. Due process was given,” he said.
Salonga released a press statement tonight that urged the governor and officials under her to “revisit their claims,” reported The Freeman on Facebook.
“Vital information may have been left out and significant issues/facts distorted, which led to a misplaced and inaccurate conclusion regarding the suspension of the members of the MCWD Board,” he said.
Authorized signatory
Meanwhile, the LWUA administrator disclosed that the Commission on Audit, Development Bank of the Philippines and Land Bank of the Philippines have been advised and have taken note of the suspension of MCWD directors and GM.
He said LWUA will inform these government financial institutions that the duly appointed MCWD interim board has designated Atty. Lapid as acting GM and, in effect, the authorized signatory.
“Atty. DX is recognized by the national government (as OIC GM). MCWD is a government owned and controlled corporation under LWUA. It’s certificate of conformance exists under LWUA authority,” Salonga declared.
He warned the suspended officials that all transactions they will undertake will be subject to reversal. “May mananagot diyan kung mayroong mga trsnsactions sila dyan,” he said.
“Medyo malalaki ang pananagutan ng mga tao na ‘yan. Financially, medyo may problema sila diyan,” he added.
Salonga expressed fears that, if left unattended, “we are afraid that MCWD might go bankrupt. Ganu’ng ka serious ‘yan.”
He emphasized that the action LWUA took is legal. “Mayron tayong tinatawag na presumption of government regularity,” he explained.
In contrast, he said “wala na man silang ginagawa’ng moves except magsasalita sa media na kung ano-ano, and take over a government facility.”
“Mayron tayong rules and batas diyan. I really don’t know what kind of legal basis they are standing on,” he added.
Non-revenue water
Salonga emphasized that LWUA imposed no penalty “but merely a (preventive) suspension for LWUA to review documents and analyze the financial stability of MCWD.”
He added LWUA also intends to fix the “very large non-revenue water situation there, vis-a-vis the procurement contracts made, or is about to be made, by this board.”
“Yun lang ang tinitingnan natin diyan. Baka mamaya kasi, sa sobrang laki ng pinagbibili, hindi na mababayaran ni MCWD ang tubig para sa Cebu. We just need to analyze thatm” he explained.
“I really don’t understand why these people are trying to hold on to power when they should not be doing,” he said.
“What these people are doing is trying to hold hostage the consumers and the constituents of MCWD. That’s what they are trying to do, and that’s what we are trying to avoid,” he added.
| PPRMN / cte
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