Water districts are autonomous agencies and therefore, independent from any form of supervision and control of local government units (LGUs), the Local Water Utilities Administration (LWUA) pointed out on Tuesday, Nov. 14.
LWUA issued the statement amid the ongoing leadership row between the Metro Cebu Water District (MCWD) and the Cebu City government following the replacement of the chairman and two members of the water district’s Board of Trustees.
In a statement, LWUA Administrator Vicente Homer Revil said the move by the Cebu City LGU is not valid since such action still needs to be confirmed based on the Presidential Decree 198 which created LWUA in 1973.
“LWUA stands firm that local executives have no authority to remove board members of a water district,” said Revil, specifically citing Section 7 of the Presidential Decree which states that once a water district is formed, the local government or governments concerned shall lose ownership, supervision, and control or any right whatsoever over the district.
While there is a LWUA board resolution which sought to intervene and provide an interim board for MCWD in line with the Cebu City government’s move to replace members of the Board, Revil said that such resolution has not been approved by the LWUA Board.
He said the resolution did not follow the protocol, including the requirement that its copies have to be submitted in advance before it becomes part of the agenda in the board meeting.
“There was no prior legal and technical review by the LWUA management on the proposed takeover of MCWD. The said resolution was only signed by two out of five members of the LWUA Board which is not a majority, hence, not a final and executory resolution,” said Revil.
LWUA also cites the Office of the Government Corporate Counsel’s (OGCC) opinion No. 223 stating that intervention can only happen if the water district is indebted and unable to meet the payment to LWUA, or if there is a valid order from the Civil Service Commission or from the Office of the Ombudsman.
“None of these conditions is present in MCWD’s case.”
LWUA said, “Water districts are best allowed to operate without the least hindrance and interference from local officials, but instead, with maximum support and assistance – as stated in various memos of the Department of the Interior and Local Government.”