LWUA says Aklan governor has the power to appoint MKWD directors
BY BOY RYAN B. ZABAL / Manila Bulletin

KALIBO, Aklan – Governor Carlito Marquez validly exercised his authority in appointing the new board of directors of Metro Kalibo Water District (MKWD), according to Local Water Utilities Administration (LWUA).
Marquez appointed lawyer Edmund Peralta and Rey Quimpo in the MKWD board of directors last December 2008 pending issues before LWUA on who is the appointing authority and the qualifications of some nominees.
LWUA Administrator Orlando Hondrade, in his letter-reply to former MKWD director Rev. Fr. Alan Sta. Maria, said MKWD has the duty to inform Marquez that he is now the appointing authority since the town of Kalibo falls short of the required 75 percent of the number of concessionaires based on the November 15, 2008 certification.
“We are wondering why the certification was not immediately transmitted to Marquez, despite, that the issuance of appointment starts on November 16. We cannot put blame on him (Marquez) if he exercised his appointing power,” he said.
Section 2 (b) of PD 198 grants the appointing authority to the mayor of the town, provided that at least 75 per cent of the total active water services connections are within the boundary of any municipality. Otherwise the appointing authority should be with the governor of the province where the water district is located.
Hondrade stressed the governor is mandated by law under Section 9 of PD 1998, as amended, or the Provincial Water Utilities Act of 1973 in the absence of the list of nominees to appoint any person qualified to vacant sector/s.
Marquez earlier said the MKWD board secretary Gil Acevedo has proclaimed to the people of Aklan during a radio interview with Mr. Butz Maquinto of DyRu Super Radyo Kalibo that he is empowered to appoint the board of directors.

“The district is also not excused from the mandatory procedure because the lapse of the due date of submission without the list of nominees transmitted to Marquez gives him the appointing authority the right to appoint any person outside of the list of nominees,” Hondrade said.
Peralta, former town mayor of New Washington, now represents the business sector and Quimpo of Northwestern Visayan Colleges represents the education sector with term of office from January 31, 2009 or until December 31, 2014.
Last year, it was alleged that the governor “illegally, arbitrarily, without basis in law and contrary to the provision of PD 198, as amended, appointed Peralta and Quimpo in the MKWD board of directors.”
Hondrade said the law is clear and LWUA is not even authorized to declare any deviation in the event the appointing authority failed to make his appointments on or before December 15 since majority votes of the seated directors will select from the list of nominees.
“The water district should not have worried for the qualifications of the nominees, after all, those appointed board of directors will be subject to LWUA’s review and confirmation,” he added.
MKWD, a large water district serving the towns of Kalibo, New Washington, Banga, Balete, Altavas and Batan, has over 14,000 water concessionaires.