ILOILO City – Mayor Jose Espinosa III has belittled the administrative and criminal charges he faces before the Office of the Ombudsman filed by the Metro Iloilo Water District (MIWD) for replacing the water firm’s directors.
He tasked the City Legal Office to prepare his counter-affidavit.
The Ombudsman recently ordered Espinosa to file a counter-affidavit after “finding enough bases to proceed with the preliminary investigation and administrative proceedings…”
In July, MIWD filed seven administrative and criminal charges against the city mayor – two counts of usurpation of official functions and graft and corrupt (violation of Section 3 [e] of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act) and for grave abuse of authority, gross negligence, gross misconduct, and acts contrary to law.
“We are not violating any law. As a matter of fact, I’m doing this not for me but for our people. Preliminary pa man lang ini, we will answer,” said Espinosa.
In June, Espinosa submitted the list of his MIWD Board appointees to the Local Water Utilities Administration.
Espinosa’s appointees to MIWD’s Board were Felicito Tiu representing sectoral organizations (business, commercial or financial organization), Rebecca Maravilla (women’s sector), Dr. Ray Celis (civic-oriented service clubs), Antonio Sangrador (sectoral organizations / professional associations), and Ronald Raymund Sebastian (educational institutions).
In charging the city mayor with usurpation of official functions, Atty. Roy Villa, MIWD corporate legal counsel, said MIWD’s appointing authority remained to be Iloilo governor Arthur Defensor Sr. based on the September 2013 decision of the Regional Trial Court (Branch 24).
“No order whatsoever has been issued setting aside that particular order or decision of the RTC Branch 24 which ruled it is the governor who has the appointing authority,” said Villa.
Another usurpation of function Espinosa made, Villa said, was that of MIWD’s corporate secretary.
“It appears nga ini tanan nga functions of the corporate secretary were all performed by the mayor (when he made his appointments),” he added.
As to the graft and corrupt charges, Villa said Espinosa’s action caused undue injury to MIWD.
The mayor’s move created confusion that adversely affected the water district as an organization, he said.
“It also caused undue injury on the part of the sitting board of directors appointed by the governor. Another one is may undue advantage kag benefits sya nga ginhatag sa iya mga appointees,” added Villa.
For administrative cases, Villa believed the city mayor abused his authority.
“Assuming nga appointing authority sya, ti indi sya kahulat may bakante? So gin-abuse ‘ya iya authority,” Villa said.
There was no vacancy yet in the MIWD’s board, he stressed.
“Bal-an ‘ya nga may ga-exist nga decision ang RTC, the governor as appointing authority. Tani nag-take sya proper proceedings sa court to set aside inang decision sang RTC,” said Villa.
Such was gross misconduct, he stressed.
Espinosa insisted was exercising an executive prerogative.
“I don’t want to be accused of being remiss in my function as appointing authority,” he stressed.
City Administrator Hernando Galvez said Espinosa had legal basis in making the appointments – the Supreme Court decision in the Cebu water district case invalidating Section 3 (b) of Presidential Decree 198 (Provincial Water Utilities Act of 1973) for being unconstitutional.
Under Section 3 (b), if less than 75 percent of the total water concessionaires are found in the city, the appointing authority shall be the governor.
“Automatic na pag nag-decide ang Supreme Court, it becomes part of the law of the land, said Galvez.
The current MIWD directors who each have a term of six years are Dr. Teodoro Robles (chairman), Atty. Juanito Acanto, Dr. Jessica Salas, Ramon Cua-Locsin, and Atty. Josephine Abad-Caram.
Abad-Caram’s term would end in December 2018. Those of Robles and Cua-Locsin would expire in 2020 while those of Acanto and Salas, in 2022./PN
