The president of the BACIWA Employees Union yesterday said they respect the decision of the Regional Trial Court on the injunctive relief sought by Bacolod City Water District director Marichi Ramos and said that it is now up to the Local Water Utilities Administration what other remedies to take.

Claudio Salmo said they have done their part so it is now up to LWUA if it will appeal the decision of the Court.

The Regional Trial Court Branch 44 in Bacolod City issued a writ of preliminary injunction directing LWUA officer-in-charge of the Office of the Acting Administrator Manuel Yoingco et al, to refrain from enforcing his order dated Oct. 14, 2013 denying the confirmation of Ramos as director of the BACIWA.

It also ordered that the replacement/removal of Ramos be held pending further orders from the Court, based on its resolution on the prayer for preliminary injunction writ in Civil Case No. 13-14241 for “Nullification of Replacement Order,” that she had filed.

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 based on the ground that neither Yoingco and Santos have the authority or legal basis to deny her confirmation andto order her replacement or removal as director of BACIWA.

Salmo said the decision will set a precedence to all water districts in the Philippines as it states that LWUA has no authority to approve or disapprove appointments of the City Mayor of members of the BACIWA Board.

He said they had requested LWUA earlier not to confirm the appointment of Ramos claiming that she does not belong to the professional sector she represents and also because of her pending cases. “But if she is eligible, that is okay with us as long as she fights corruption and focus on the development of Bacolod by providing water to investors,” he added.

BOND ORDERED

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

The amount will answer for all the damages, which the defendants will sustain from the injunction, if the Court should finally decide that Ramos is 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.

The Court also 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, during the summary hearing on the injunctive relief.

EMPLOYEE’S TESTIMONY

“The respondents, however, stood their ground and insisted that their act was legal. They presented Edgardo Demayo, an employee of LWUA for more than 35 years, who testified that, as far as he could remember, the LWUA, acting through its administrator or officer-designate, confirmed or denied appointments of members of the Board,” the Court said.

However, except for LOI 744, Demayo 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.

Salmo was also presented as a witness but his testimony had no relevance to the issue and could only be appreciated in its totality in evaluating the merits of the main case, it said.

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.”

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 on Dec. 14, 2012, it said.

NO AUTHORITY

The Court said it 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 the BACIWA Board. There is a stark absence of proof, based on the evidence presented, that respondents are granted this authority, the Court also said.

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.*CGS

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