Law governing water districts questioned

First posted 10:55am (Mla time) Sept 27, 2006
Cebu Daily News

http://news.inq7.net/archive_article/index.php?ver=1&index=1&story_id=23378

The Metropolitan Cebu Water District (MCWD) had filed a petition in 2002 that questioned the constitutionality of the provision of the law creating and governing the water district.

But the petition for declaratory relief was dismissed by the Regional Trial Court in November last year without ruling on who had the power to appoint the members of the MCWD board of directors.

Executive Judge Simeon Dumdum Jr. said in his decision that whoever has the appointing authority to the five board members does not affect the water district.

“It should not be of any moment to the MCWD where the appointing power lies. Either way no harm will result to it,” Dumdum, who took over the case from Judge Antonio Echavez who retired from the judiciary, said.
The MCWD filed the petition in 2002, asking the court to declare “unconstitutional” Section 3(b) of Presidential Decree 198 or the Provincial Water Utility Act of 1973 because it violates the principle of majority rule, which was 50 percent plus one.

Under the provision, the person empowered to appoint the board of director depends on the geographic coverage and the population makeup of the particular district.”

“In the event that more than 75 percent of the total active water service connections of a local water district are within the boundary of any city or municipality, the appointing authority shall be the mayor of the city or municipality, as the case may be; otherwise, the appointing authority shall be the governor of the province within which the district is located,” it added.

Should the court uphold the section as valid, the water district asked that it “interpret in the spirit and intention of the law empowering the Cebu City Mayor to appoint the members of the MCWD board of directors.”
MCWD also wanted the court to restrain the provincial governor from “usurping the power of appointment of the members of the board of directors of the MCWD.”

Named respondents in the petition were then Cebu governor Pablo Garcia and the province of Cebu.

The petition stemmed from a letter written by Garcia that questioned the authority of the Cebu City mayor to appoint the members of the MCWD board on the premise that the total number of water connections in the city had gone down to below 75 percent since 1996.

As such, he added the province should appoint the members of the board of directors of the water district as provided for in Presidential Decree 198.
Garcia's term ended in 2004 and his daughter, Gwendolyn Garcia, took over the helm of the Capitol.

In a decision dated November 29, 2005, Judge Dumdum said that while there was a question on who between the Cebu City mayor and the governor had the power to appoint the MCWD board of directors, the water district did not stand to be prejudiced of the controversy.

“Whichever will appoint the members of its board of directors will affect none of its rights. The MCWD has no legal standing,” he said.

Legal standing is defined as a personal and substantial interest in the case, such that the party has sustained or will sustain direct injury as a result of the challenged act.

Dumdum added that while the complaint for the declaration of Sec. 3 (b) of Presidential Decree 198 as unconstitutional, no notice was sent to the Solicitor General.

“In any action which involves the validity of a statute, executive order or regulation or any other governmental regulation, the Solicitor General shall be notified by the party assailing the same and shall be entitled to be heard upon such question,” he said.

When reached for comment, lawyer Pablo John Garcia, the former governor's son, said they had not received a “notice of finality of judgment.” He added the decision could still be appealed.

/Chief of Reporters Suzzane S. Alueta