Regional Trial Court Branch 44, in a writ of preliminary injunction it issued, directed the Local Water Utilities Administration officer-in-charge of the Office of the Acting Administrator, Manuel Yoingco et al, to cease and desist and refrain from enforcing his order dated Oct. 14, 2013 that denied the confirmation of Marichi Ramos as director of the Bacolod City Water District.

It also ordered that her replacement/removal be held pending further orders from the Court.

Ramos filed the petition in Oct. 2013 against Yoingco, acting Administrator Eduardo Santos and Juliana Carbon, general manager of the Bacolod City Water District, seeking the nullification of the letter-order of LWUA denying her confirmation as representative of the professional sector in BACIWA.

The petition of Ramos is anchored on the ground that neither Yoingco and Santos have the authority or legal basis for the denial of her confirmation and to order her replacement/removal as director of BACIWA.

In his order dated March 27, Presiding Judge Franklin Demonteverde directed Ramos, before the issuance of the writ, to post a bond with the Court of P50,000 executed to Yoingco et al.

The amount will answer for all the damages, which the defendants will sustain from the injunction, if the Court should finally decide that Ramos was not entitled to it. Upon approval of the requisite bond, a writ of preliminary injunction will be issued in accordance with Rule 58 Sec. 4 of the Rules of Court.

Summary hearings on the injunctive relief were held on Oct. 25, 2013, Nov. 18 and March 7, 2014.

IRREPARABLE INJURY

In its order, the Court said Ramos reaffirmed the allegations in her petition and told the Court that respondents threaten to implement the letter-order and that, if not restrained, she will suffer irreparable injury.

The respondents, however, stood their ground and insisted that their act was legal. They presented Edgardo Demayo, an employee of LWUA, who testified that, as far as he could remember, it has been the practice of the LWUA, acting through its administrator or officer-designate, to confirm or deny appointments of members of the Board.

Except for LOI 744, however, he could not cite any other law, executive order, administrative order or circular, giving this power to the LWUA administrator/OIC, not even PD 198 , that created LWUA, the Court said.

RIGHT THREATENED

The Court said Ramos had sufficiently shown that she has the right and that right is directly threatened by the act sought to be enjoined. She possesses all the requirements necessary for entitlement to the position in accordance with Sections 8, 9 and 10 of Chapter lll Directors of PD 198, it noted.

She is a Filipino citizen and a resident of the community where the water district sits. She was nominated by the professional group, the sector she is to represent in the Board, and she was appointed by the competent appointing authority, then Mayor Evelio Leonardia, it said.

The Court is not convinced that respondents (Yoingco, et al) are equipped with the authority to confirm, deny, approve or disapprove appointments of the City Mayor to members of the BACIWA Board. There is a stark absence of proof, based on the evidence presented, that respondents are granted this authority, the Court said.

NO AUTHORITY FROM LOI744

The Court also said “A close scrutiny of paragraph 4 of LOI 744, does not grant them this authority and only grants them to review the composition of the Board of the water district and initiate changes while Sec. 8 of PD 198 speaks of the composition of the Board, that is five members, each representing a specific sector.”

It also said the LWUA is not into the business of reviewing the qualifications of the members of the BACIWA Board, as it is not clothed with that authority, much less to confirm/approve, deny/disapprove appointments made by the duly authorized officer or authority.

Asked for her reaction, Ramos said she was expecting that the injunction she sought will be granted by the Court.

AN EXAMPLE

She said she is glad, as this will set an example for other water districts. Based on her own research, LWUA has no right to confirm or remove a member of the Board of a water district and this was confirmed by a similar case in the water district of Iloilo.

She said she will continue to serve BACIWA and protect its consumers, and ensure that they will be provided potable water on a 24/7 basis.*CGS

back to top