Bacolod City Water District board chairman Lawrence Villanueva has filed a civil case against Mayor Monico Puentevella to prevent his appointee from sitting on the Baciwa Board by January 1.

The petition for mandamus and prohibition with prayer for issuance of temporary restraining order and preliminary injunction was filed by Villanueva against Puentevella and his appointee to the board, David Villanueva.

The petition was raffled to Bacolod RTC Branch 49 of Judge Manuel Cardinal, who issued an order for plaintiff, Lawrence Villanueva, to show cause why a TRO should be issued.

The petition filed by the Baciwa board chairman states that he was appointed by former Bacolod Mayor Evelio Leonardia on November 2008 to the position of director of the water district representing civic organizations, in accordance with Presidential Decree 198, for a term of six years, that is due to expire on Wednesday, December 31.

Enrique Gita, Water District Development Department manager for the Visayas of the Local Water Utilities Administration, wrote Baciwa Board secretary Marichi Ramos on Sept. 17, 2014 to submit complete documentation for all nominees to the Baciwa Board, the petition said.

Lawrence Villanueva's petition said among the civic organizations, only the Occidental Negros Lions Club and Bacolod City Mt. Kanlandog Lions Club submitted nominations that were duly approved by their board of directors.

Both Lions clubs named Lawrence Villanueva their nominee for Baciwa Board director for six years, beginning Jan. 1, 2015, the petition added.

The list of nominees containing the officials and verified nominations were submitted by Ramos to Puentevella, in compliance with PD 198, the petition said.

The petition said the appointment made by Puentevella of David Villanueva is patently illegal, having been made in direct violation of Section 10 of PD 198, which requires that he appoints a Baciwa director from the list of nominees submitted by the Baciwa board secretary.

The mayor is bent on implementing the illegal appointment of David Villanueva starting Jan. 1, 2015, the petition claimed.

“To allow David Villanueva to assume office despite the patent illegality of his appointment would work an injustice against the petitioner,” it added.

The petition asked the court to immediately issue a TRO on the appointment of David Villanueva to the position of Baciwa director representing the civic sector, and on its expiration, issue a writ of preliminary injunction.

The petition also asked the court to declare the letter of Puentevella dated Dec. 15, 2014 appointing David Villanueva null and void for having been rendered “in blatant and direct violation of the express provisions of PD 198”.

The issuance of writs of mandamus and prohibition compelling the mayor to strictly abide by the provisions of PD 198 for the appointment of Baciwa director, to respect the appointment of Lawrence Villanueva to such position, and to refrain from any act designed to unlawfully exclude the petitioner from assuming the office of Baciwa director representing the civic sector, is also being sought in the petition.

Puentevella, in a letter to the Baciwa Board on December 15, said he was appointing David Villanueva as member of the Baciwa Board representing the civic sector effective January 1.

David Villanueva was nominated by the Rotary Club of Bacolod South to represent the civic sector on the Baciwa Board, he said.

The mayor said Ramos, as the alleged secretary of the Baciwa Board, unilaterally declared Lawrence Villanueva the only qualified nominee to the soon to be vacated board of director position, which is illegal. Ramos is not a bonafide member of the Baciwa Board in the first place as declared by the court, he added.

Ramos insists she is still a legal member of the Board.

The mayor said since no official nomination was submitted to him by a bonafide Baciwa board secretary, he, by law, can appoint David Villanueva to the Baciwa Board.

David Villanueva said he does not believe the petition of Lawrence Villanueva will be granted by the court.

Lawrence Villanueva, on the other hand, said the mayor did not follow the process in appointing David Villanueva.*CPG

back to top