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THE Office of the Government Corporate Counsel (OGCC) has released its opinion on the partial intervention of the Local Water Utilities Administration (LWUA) in the Metropolitan Cebu Water District (MCWD).But the LWUA and the MCWD are interpreting it differently.The LWUA, in a statement issued on Tuesday, April 2, 2024, said the OGCC’s opinion affirmed the legality of its partial intervention.The OGCC said the LWUA is authorized to intervene in the operations and management of a water district, including policy-making. However, this power is subject to limitations imposed by its charter. In a statement dated March 26 and signed by Solomon Hermosura, government corporate counsel, and Owen Vidad, the officer-in-charge who handles the legal affairs of water districts, the OGCC explained that before the LWUA can intervene, it must establish that the water district has defaulted on its loan and it has provided the water district with an opportunity to remedy the default.AuthorizedThe OGCC said the LWUA must exhaust the procedures and remedies outlined in the loan agreement before resorting to intervention, ensuring compliance with due process requirements. The LWUA said the MCWD had defaulted on its loan, adding that the water district violated the terms of its Financial Assistance Contract (FAC). It cited the MCWD’s failure to address high non-revenue water that resulted in an annual loss of revenue of at least P117.759 million annually. This violated the agreement that both parties signed under Article IV, Section 7 of the existing FAC, it said.The LWUA issued a demand letter to MCWD board chairman Jose Daluz III and MCWD general manager Edgar Donoso titled “To Explain/Show Cause, To Turn Over Documents and To Stop the Usurpation of the Authority of the MCWD Interim Board of Directors and the Unauthorized Use of Facilities and Resources of MCWD.”“Prudent approach”LWUA Administrator Jose Moises Salonga said MCWD’s FAC with the LWUA provided several options for the LWUA in case the MCWD defaulted.“However, (the) LWUA decided to take a prudent approach by issuing an intervention order that is not only for (the) MCWD’s best interest but more so for the Cebuanos. (The) LWUA is offering a more holistic approach with (the) MCWD through partial intervention,” he said.LWUA Chairman Ronnie Ong issued a statement saying the agency has followed due process, adding that it even agreed with the MCWD’s request to wait for the OGCC’s opinion.“Now that it’s released, (the) LWUA takes note of their legal opinion affirming (the) LWUA’s power to intervene in water districts following that due process has been observed,” Ong said.He pointed out that they informed the MCWD of the partial intervention last March 15, while the FAC between the MCWD and the LWUA empowers the LWUA to implement intervention upon default without the need for judicial procedures or any administrative hearing or any negotiation steps in the LWUA. AssuranceHe said the LWUA provided various opportunities to the MCWD in 2023 to air its side in their various meetings and correspondences regarding finances, water rate and bidding issues.Ong assured that the LWUA’s partial intervention only involves the setting aside and the investigation of the MCWD’s regular board of directors (BOD) and shall not, in any way, affect rank-and-file employees and the delivery of services.“Accessible, uninterrupted and safe water supply to the Cebuanos will remain during the investigation and throughout the partial intervention,” he said.Daluz, in a phone interview on Tuesday, said he interpreted OGCC’s opinion as favorable to them.He said the status quo will remain in the MCWD’s regular BOD.He urged the LWUA to fulfill its earlier agreement to respect the OGCC’s opinion.Daluz explained that the MCWD has never defaulted on its loan, saying it has diligently paid the amortization for its about P12 million loan to LWUA. The MCWD had requested the OGCC for an opinion regarding LWUA’s partial intervention when it appointed an interim BOD last March 15. LWUA Administrator Salonga used Resolution 35, which was approved last September yet, as his authority to implement the agency’s “partial intervention” in the MCWD.The OGCC cited Section 61 (e) of the LWUA Law, which was established under Presidential Decree 198, also known as the Provincial Water Utilities Act of 1973, which allows the LWUA, without the necessity of judicial process, to take over and operate the facilities or properties in the event of a loan default by the local water district in the payment.To ascertain whether the MCWD has defaulted on the loan and the legitimacy of the LWUA’s intervention, the OGCC said it is necessary to examine any loan or financial agreement between the MCWD and the LWUA.No mention of the loanIt said the examination should consider various aspects of the agreement, such as the loan amount, payment schedules, interest rates, fees, events of default, default procedures, and other obligations of the MCWD outlined in the agreement. The OGCC pointed out that the LWUA’s letter dated March 15 did not mention the MCWD’s loan obligation to the LWUA or any default by the MCWD regarding the loan obligation. However, it said the LWUA may appoint an interim BOD during the period of its takeover or intervention of a local water district when the conditions for the LWUA’s takeover of, or intervention in, a local water district are present. “It must be emphasized that the takeover or intervention of a water district is authorized only to ensure payment of its overdue accounts, the satisfaction of its reserve requirements and the resolution of all its causes of default,” the OGCC reiterated. Old board “remains”The OGCC noted that during the takeover, the water district’s board members are not removed, as specified in Section 61 (e) of the LWUA Law. “For this purpose, the Administration may designate its employees or any person or organization to assume both the policy-making authority and the powers of management, including but not limited to, the establishment of water rates and service charges, the dismissal and hiring of personnel, the purchase of equipment, supplies or materials and such other actions as may be necessary to operate the water district efficiently. Such policy-making and management prerogatives may be returned to the Board of Directors and the general manager of the water district, respectively, when all of its overdue accounts have been paid, all its reserve requirements have been satisfied and all the causes of default have been met,” it said.It also cited Sections 17 and 18 of Title II of PD 198, which outline the powers and limitations of local water district boards, emphasizing their role in policy-making rather than detailed management. The OGCC said the original board can return when the default is resolved. / EHP, AML What sports do Filipinos love? Philippines THE Cebu City Government and the Cebu Provincial Government were urged to settle the Cebu Bus Rapid Transit (CBRT) disagreements, as it may result in inconvenience to majority of Cebuanos if it develops into a legal standoff.Cebu City Councilor Nestor Archival, during the Openline News Program on March 12, 2024, maintained his resolution passed during the recent regular session last Wednesday, March 6, for the Cebu City Government through Mayor Michael Rama and Cebu Provincial Government under Governor Gwendolyn Garcia to sit down and discuss a practical solution for ongoing CBRT project in the portion of the Osmeña Boulevard that was affected by the latter's cease-and-desist order.The Council's minority floor leader said that if two leaders do not compromise and bring the matter to court, the Cebuanos will be the ones to suffer."Kung mag-standoff ni, unya maabot ang ting-uwan, unya naay daghan lungag diha, there will be some accidents diha nga mahitabo. Kinsa man ang mabasol diha, diba ang duha gihapon ka institution?" Archival said.(If this develops into a standoff and the rainy season comes, flooding will be noted as there are many holes in the construction site. There will be some accidents. Who will be blamed for it? The two institutions, rights?)He said CBRT was designed to alleviate the commuting woes of the city's residents from Barangay Bulacao and Talamban and for them to enjoy an efficient and seamless public transportation, particularly those who cannot afford to have a private vehicle.Rama threatens lawsuit over CBRT oppositionArchival was a known ally of former mayor Tomas Osmeña, who has been considered the brains behind the CBRT project. He was also part of the team that conceptualized it.But Rama on Thursday, March 7, refused to meet with Garcia to talk about the project, reiterating his desire to file charges against officials who called for the project’s halt.“Why will I have to sit down? They should know where they are. That’s a matter of territory,” Rama said on Friday, March 8, 2024.With the mayor's refusal, Archival said he is planning to submit another resolution, reiterating his earlier call for dialogue between the two local government units.He added that he is open to a suggestion where the City Council initiates a dialogue directly with the Provincial Board to reach a compromise on the project.Disputes should’ve been settled before implementation, says Imee"Ang ako siguro kay from the Vice Mayor itself and the Vice Governor. So, we will be having that resolution, and I will make that," Archival said.He said they acknowledge that the governor's argument is valid, as the bus station, which is part of the CBRT project located in front of the Cebu Capitol building, will potentially block the view of the “heritage” infrastructure built in 1936.He also suggested that both officials avoid throwing antics in the media, regarding the project, as this will result in more tension due to emotions involved."Instead of going to the media, doing some arguments, we are asking them to sit down and try to find ways nga pwede ba nato ni masabot. Kanang if kanang estasyonon naa duol sa Capitol kay kung pwede ba natu i-atras," Archival said."I have talked to Engineer (Norvin) Imbong (the project manager of the CBRT) and they have already raised these items to DOTr (Department of Transporation) og gina-aksyunan nana nila," he added.Archival added that there is a possibility of redesigning the bus stations, including shortening the height of its roof to adjust to the view of the Capitol building.In his opinion, halting the CBRT project will result in putting Cebu in a bad light for future benefactors and affect its credit rating from the perspective of the international financial institutions that approved loan packages for vital government programs and projects.On February 27, Garcia issued Memorandum 16-2024, ordering the Hunan Road and Bridge Construction Group Ltd., contractor of the CBRT Package 1, to cease construction of bus stations along Osmeña Blvd. in front of the Capitol building, citing lacking necessary authorization from the National Historical Commission of the Philippines (NHCP).A day after, during the Council’s regular session on February 28, Vice Mayor Raymond Alvin Garcia, who was the governor's nephew, urged the Office of the Building Official to issue a cease-and-desist order against the construction of the CBRT bus station through his privilege speech.Garcia: Osmeña Boulevard under Cebu Provincial Government Vice Mayor Garcia argued that the Capitol building has heritage protection following the declaration of a National Historical Landmark by the NHCP.Rama criticized his vice mayor for meeting with Governor Garcia and City officials to discuss CBRT matters, calling it a betrayal. He also expressed his disapproval during a meeting with the legislative body.Meanwhile, Osmeña cautioned the governor about the possibility of legal action if she continues to impede the CBRT construction.Tomas hits back at GwenThe CBRT project's groundbreaking ceremony was led by President Ferdinand Marcos Jr. on February 27, 2023, and was joined by the mayor, governor, Transportation Secretary Jaime Bautista, and House Speaker Martin Romualdez.The project has a funding allocation of P28.8 billion, funded by the World Bank, French Development Agency, and the Philippine Government. (EHP)

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THE Cebu City Government and the Cebu Provincial Government were urged to settle the Cebu Bus Rapid Transit (CBRT) disagreements, as it may result in inconvenience to majority of Cebuanos if it develops into a legal standoff.Cebu City Councilor Nestor Archival, during the Openline News Program on March 12, 2024, maintained his resolution passed during the recent regular session last Wednesday, March 6, for the Cebu City Government through Mayor Michael Rama and Cebu Provincial Government under Governor Gwendolyn Garcia to sit down and discuss a practical solution for ongoing CBRT project in the portion of the Osmeña Boulevard that was affected by the latter's cease-and-desist order.The Council's minority floor leader said that if two leaders do not compromise and bring the matter to court, the Cebuanos will be the ones to suffer."Kung mag-standoff ni, unya maabot ang ting-uwan, unya naay daghan lungag diha, there will be some accidents diha nga mahitabo. Kinsa man ang mabasol diha, diba ang duha gihapon ka institution?" Archival said.(If this develops into a standoff and the rainy season comes, flooding will be noted as there are many holes in the construction site. There will be some accidents. Who will be blamed for it? The two institutions, rights?)He said CBRT was designed to alleviate the commuting woes of the city's residents from Barangay Bulacao and Talamban and for them to enjoy an efficient and seamless public transportation, particularly those who cannot afford to have a private vehicle.Rama threatens lawsuit over CBRT oppositionArchival was a known ally of former mayor Tomas Osmeña, who has been considered the brains behind the CBRT project. He was also part of the team that conceptualized it.But Rama on Thursday, March 7, refused to meet with Garcia to talk about the project, reiterating his desire to file charges against officials who called for the project’s halt.“Why will I have to sit down? They should know where they are. That’s a matter of territory,” Rama said on Friday, March 8, 2024.With the mayor's refusal, Archival said he is planning to submit another resolution, reiterating his earlier call for dialogue between the two local government units.He added that he is open to a suggestion where the City Council initiates a dialogue directly with the Provincial Board to reach a compromise on the project.Disputes should’ve been settled before implementation, says Imee"Ang ako siguro kay from the Vice Mayor itself and the Vice Governor. So, we will be having that resolution, and I will make that," Archival said.He said they acknowledge that the governor's argument is valid, as the bus station, which is part of the CBRT project located in front of the Cebu Capitol building, will potentially block the view of the “heritage” infrastructure built in 1936.He also suggested that both officials avoid throwing antics in the media, regarding the project, as this will result in more tension due to emotions involved."Instead of going to the media, doing some arguments, we are asking them to sit down and try to find ways nga pwede ba nato ni masabot. Kanang if kanang estasyonon naa duol sa Capitol kay kung pwede ba natu i-atras," Archival said."I have talked to Engineer (Norvin) Imbong (the project manager of the CBRT) and they have already raised these items to DOTr (Department of Transporation) og gina-aksyunan nana nila," he added.Archival added that there is a possibility of redesigning the bus stations, including shortening the height of its roof to adjust to the view of the Capitol building.In his opinion, halting the CBRT project will result in putting Cebu in a bad light for future benefactors and affect its credit rating from the perspective of the international financial institutions that approved loan packages for vital government programs and projects.On February 27, Garcia issued Memorandum 16-2024, ordering the Hunan Road and Bridge Construction Group Ltd., contractor of the CBRT Package 1, to cease construction of bus stations along Osmeña Blvd. in front of the Capitol building, citing lacking necessary authorization from the National Historical Commission of the Philippines (NHCP).A day after, during the Council’s regular session on February 28, Vice Mayor Raymond Alvin Garcia, who was the governor's nephew, urged the Office of the Building Official to issue a cease-and-desist order against the construction of the CBRT bus station through his privilege speech.Garcia: Osmeña Boulevard under Cebu Provincial Government Vice Mayor Garcia argued that the Capitol building has heritage protection following the declaration of a National Historical Landmark by the NHCP.Rama criticized his vice mayor for meeting with Governor Garcia and City officials to discuss CBRT matters, calling it a betrayal. He also expressed his disapproval during a meeting with the legislative body.Meanwhile, Osmeña cautioned the governor about the possibility of legal action if she continues to impede the CBRT construction.Tomas hits back at GwenThe CBRT project's groundbreaking ceremony was led by President Ferdinand Marcos Jr. on February 27, 2023, and was joined by the mayor, governor, Transportation Secretary Jaime Bautista, and House Speaker Martin Romualdez.The project has a funding allocation of P28.8 billion, funded by the World Bank, French Development Agency, and the Philippine Government. (EHP) Pick a Bonus in Casino RESIDENTS living near Alviola Street in Barangay Tejero, Cebu City, expressed growing concern as the Tejero Creek’s murky waters have turned white.The abrupt change has sparked fears among residents, who are now concerned about the possibility of hazardous chemical dumping contaminating the river.The white-colored water can be seen from behind the old White Gold House to the Tejero Barangay Hall along Alviola and T. Padilla Streets. Video of the incident was posted by SunStar Cebu on Saturday, April 6, 2024.In a chat message on Saturday, Grace Luardo, Cebu City Environmental Sanitation and Enforcement Team (Ceset) head, said there could be possible human activities in the area that resulted in the transformation of the water color.“Pwede naay nagyabo chemicals or human activities diha sa area,” Luardo said.Luardo said the Ceset will inspect the river on Sunday, April 7, 2024, upon their return from their project on nursery and composting in upland areas.Luardo admitted that they were not aware about it until SunStar Cebu reported the matter.According to Luardo, the occurrence could be due to the improper drainage system of Mactan Rock Industries Inc.She said the company violated City Ordinance 2398, which pertains to no septic tank and no proper drainage.She added that Mactan Rock Industries would pay a total of P2,000 penalty for its violation, which should be settled within seven working days. The penalty will be collected by the Cebu City Environment and Natural Resources Office (CCenro). She also said that the company should settle the matter with the City Legal Office.Luardo said they will make further assessments on the incident, and this would mean involving the CCenro and Coastal Management Board. (AML)

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RESIDENTS living near Alviola Street in Barangay Tejero, Cebu City, expressed growing concern as the Tejero Creek’s murky waters have turned white.The abrupt change has sparked fears among residents, who are now concerned about the possibility of hazardous chemical dumping contaminating the river.The white-colored water can be seen from behind the old White Gold House to the Tejero Barangay Hall along Alviola and T. Padilla Streets. Video of the incident was posted by SunStar Cebu on Saturday, April 6, 2024.In a chat message on Saturday, Grace Luardo, Cebu City Environmental Sanitation and Enforcement Team (Ceset) head, said there could be possible human activities in the area that resulted in the transformation of the water color.“Pwede naay nagyabo chemicals or human activities diha sa area,” Luardo said.Luardo said the Ceset will inspect the river on Sunday, April 7, 2024, upon their return from their project on nursery and composting in upland areas.Luardo admitted that they were not aware about it until SunStar Cebu reported the matter.According to Luardo, the occurrence could be due to the improper drainage system of Mactan Rock Industries Inc.She said the company violated City Ordinance 2398, which pertains to no septic tank and no proper drainage.She added that Mactan Rock Industries would pay a total of P2,000 penalty for its violation, which should be settled within seven working days. The penalty will be collected by the Cebu City Environment and Natural Resources Office (CCenro). She also said that the company should settle the matter with the City Legal Office.Luardo said they will make further assessments on the incident, and this would mean involving the CCenro and Coastal Management Board. (AML) Pick a Bonus in Casino THE Office of the Government Corporate Counsel (OGCC) has released its opinion on the partial intervention of the Local Water Utilities Administration (LWUA) in the Metropolitan Cebu Water District (MCWD).But the LWUA and the MCWD are interpreting it differently.The LWUA, in a statement issued on Tuesday, April 2, 2024, said the OGCC’s opinion affirmed the legality of its partial intervention.The OGCC said the LWUA is authorized to intervene in the operations and management of a water district, including policy-making. However, this power is subject to limitations imposed by its charter. In a statement dated March 26 and signed by Solomon Hermosura, government corporate counsel, and Owen Vidad, the officer-in-charge who handles the legal affairs of water districts, the OGCC explained that before the LWUA can intervene, it must establish that the water district has defaulted on its loan and it has provided the water district with an opportunity to remedy the default.AuthorizedThe OGCC said the LWUA must exhaust the procedures and remedies outlined in the loan agreement before resorting to intervention, ensuring compliance with due process requirements. The LWUA said the MCWD had defaulted on its loan, adding that the water district violated the terms of its Financial Assistance Contract (FAC). It cited the MCWD’s failure to address high non-revenue water that resulted in an annual loss of revenue of at least P117.759 million annually. This violated the agreement that both parties signed under Article IV, Section 7 of the existing FAC, it said.The LWUA issued a demand letter to MCWD board chairman Jose Daluz III and MCWD general manager Edgar Donoso titled “To Explain/Show Cause, To Turn Over Documents and To Stop the Usurpation of the Authority of the MCWD Interim Board of Directors and the Unauthorized Use of Facilities and Resources of MCWD.”“Prudent approach”LWUA Administrator Jose Moises Salonga said MCWD’s FAC with the LWUA provided several options for the LWUA in case the MCWD defaulted.“However, (the) LWUA decided to take a prudent approach by issuing an intervention order that is not only for (the) MCWD’s best interest but more so for the Cebuanos. (The) LWUA is offering a more holistic approach with (the) MCWD through partial intervention,” he said.LWUA Chairman Ronnie Ong issued a statement saying the agency has followed due process, adding that it even agreed with the MCWD’s request to wait for the OGCC’s opinion.“Now that it’s released, (the) LWUA takes note of their legal opinion affirming (the) LWUA’s power to intervene in water districts following that due process has been observed,” Ong said.He pointed out that they informed the MCWD of the partial intervention last March 15, while the FAC between the MCWD and the LWUA empowers the LWUA to implement intervention upon default without the need for judicial procedures or any administrative hearing or any negotiation steps in the LWUA. AssuranceHe said the LWUA provided various opportunities to the MCWD in 2023 to air its side in their various meetings and correspondences regarding finances, water rate and bidding issues.Ong assured that the LWUA’s partial intervention only involves the setting aside and the investigation of the MCWD’s regular board of directors (BOD) and shall not, in any way, affect rank-and-file employees and the delivery of services.“Accessible, uninterrupted and safe water supply to the Cebuanos will remain during the investigation and throughout the partial intervention,” he said.Daluz, in a phone interview on Tuesday, said he interpreted OGCC’s opinion as favorable to them.He said the status quo will remain in the MCWD’s regular BOD.He urged the LWUA to fulfill its earlier agreement to respect the OGCC’s opinion.Daluz explained that the MCWD has never defaulted on its loan, saying it has diligently paid the amortization for its about P12 million loan to LWUA. The MCWD had requested the OGCC for an opinion regarding LWUA’s partial intervention when it appointed an interim BOD last March 15. LWUA Administrator Salonga used Resolution 35, which was approved last September yet, as his authority to implement the agency’s “partial intervention” in the MCWD.The OGCC cited Section 61 (e) of the LWUA Law, which was established under Presidential Decree 198, also known as the Provincial Water Utilities Act of 1973, which allows the LWUA, without the necessity of judicial process, to take over and operate the facilities or properties in the event of a loan default by the local water district in the payment.To ascertain whether the MCWD has defaulted on the loan and the legitimacy of the LWUA’s intervention, the OGCC said it is necessary to examine any loan or financial agreement between the MCWD and the LWUA.No mention of the loanIt said the examination should consider various aspects of the agreement, such as the loan amount, payment schedules, interest rates, fees, events of default, default procedures, and other obligations of the MCWD outlined in the agreement. The OGCC pointed out that the LWUA’s letter dated March 15 did not mention the MCWD’s loan obligation to the LWUA or any default by the MCWD regarding the loan obligation. However, it said the LWUA may appoint an interim BOD during the period of its takeover or intervention of a local water district when the conditions for the LWUA’s takeover of, or intervention in, a local water district are present. “It must be emphasized that the takeover or intervention of a water district is authorized only to ensure payment of its overdue accounts, the satisfaction of its reserve requirements and the resolution of all its causes of default,” the OGCC reiterated. Old board “remains”The OGCC noted that during the takeover, the water district’s board members are not removed, as specified in Section 61 (e) of the LWUA Law. “For this purpose, the Administration may designate its employees or any person or organization to assume both the policy-making authority and the powers of management, including but not limited to, the establishment of water rates and service charges, the dismissal and hiring of personnel, the purchase of equipment, supplies or materials and such other actions as may be necessary to operate the water district efficiently. Such policy-making and management prerogatives may be returned to the Board of Directors and the general manager of the water district, respectively, when all of its overdue accounts have been paid, all its reserve requirements have been satisfied and all the causes of default have been met,” it said.It also cited Sections 17 and 18 of Title II of PD 198, which outline the powers and limitations of local water district boards, emphasizing their role in policy-making rather than detailed management. The OGCC said the original board can return when the default is resolved. / EHP, AML

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THE Office of the Government Corporate Counsel (OGCC) has released its opinion on the partial intervention of the Local Water Utilities Administration (LWUA) in the Metropolitan Cebu Water District (MCWD).But the LWUA and the MCWD are interpreting it differently.The LWUA, in a statement issued on Tuesday, April 2, 2024, said the OGCC’s opinion affirmed the legality of its partial intervention.The OGCC said the LWUA is authorized to intervene in the operations and management of a water district, including policy-making. However, this power is subject to limitations imposed by its charter. In a statement dated March 26 and signed by Solomon Hermosura, government corporate counsel, and Owen Vidad, the officer-in-charge who handles the legal affairs of water districts, the OGCC explained that before the LWUA can intervene, it must establish that the water district has defaulted on its loan and it has provided the water district with an opportunity to remedy the default.AuthorizedThe OGCC said the LWUA must exhaust the procedures and remedies outlined in the loan agreement before resorting to intervention, ensuring compliance with due process requirements. The LWUA said the MCWD had defaulted on its loan, adding that the water district violated the terms of its Financial Assistance Contract (FAC). It cited the MCWD’s failure to address high non-revenue water that resulted in an annual loss of revenue of at least P117.759 million annually. This violated the agreement that both parties signed under Article IV, Section 7 of the existing FAC, it said.The LWUA issued a demand letter to MCWD board chairman Jose Daluz III and MCWD general manager Edgar Donoso titled “To Explain/Show Cause, To Turn Over Documents and To Stop the Usurpation of the Authority of the MCWD Interim Board of Directors and the Unauthorized Use of Facilities and Resources of MCWD.”“Prudent approach”LWUA Administrator Jose Moises Salonga said MCWD’s FAC with the LWUA provided several options for the LWUA in case the MCWD defaulted.“However, (the) LWUA decided to take a prudent approach by issuing an intervention order that is not only for (the) MCWD’s best interest but more so for the Cebuanos. (The) LWUA is offering a more holistic approach with (the) MCWD through partial intervention,” he said.LWUA Chairman Ronnie Ong issued a statement saying the agency has followed due process, adding that it even agreed with the MCWD’s request to wait for the OGCC’s opinion.“Now that it’s released, (the) LWUA takes note of their legal opinion affirming (the) LWUA’s power to intervene in water districts following that due process has been observed,” Ong said.He pointed out that they informed the MCWD of the partial intervention last March 15, while the FAC between the MCWD and the LWUA empowers the LWUA to implement intervention upon default without the need for judicial procedures or any administrative hearing or any negotiation steps in the LWUA. AssuranceHe said the LWUA provided various opportunities to the MCWD in 2023 to air its side in their various meetings and correspondences regarding finances, water rate and bidding issues.Ong assured that the LWUA’s partial intervention only involves the setting aside and the investigation of the MCWD’s regular board of directors (BOD) and shall not, in any way, affect rank-and-file employees and the delivery of services.“Accessible, uninterrupted and safe water supply to the Cebuanos will remain during the investigation and throughout the partial intervention,” he said.Daluz, in a phone interview on Tuesday, said he interpreted OGCC’s opinion as favorable to them.He said the status quo will remain in the MCWD’s regular BOD.He urged the LWUA to fulfill its earlier agreement to respect the OGCC’s opinion.Daluz explained that the MCWD has never defaulted on its loan, saying it has diligently paid the amortization for its about P12 million loan to LWUA. The MCWD had requested the OGCC for an opinion regarding LWUA’s partial intervention when it appointed an interim BOD last March 15. LWUA Administrator Salonga used Resolution 35, which was approved last September yet, as his authority to implement the agency’s “partial intervention” in the MCWD.The OGCC cited Section 61 (e) of the LWUA Law, which was established under Presidential Decree 198, also known as the Provincial Water Utilities Act of 1973, which allows the LWUA, without the necessity of judicial process, to take over and operate the facilities or properties in the event of a loan default by the local water district in the payment.To ascertain whether the MCWD has defaulted on the loan and the legitimacy of the LWUA’s intervention, the OGCC said it is necessary to examine any loan or financial agreement between the MCWD and the LWUA.No mention of the loanIt said the examination should consider various aspects of the agreement, such as the loan amount, payment schedules, interest rates, fees, events of default, default procedures, and other obligations of the MCWD outlined in the agreement. The OGCC pointed out that the LWUA’s letter dated March 15 did not mention the MCWD’s loan obligation to the LWUA or any default by the MCWD regarding the loan obligation. However, it said the LWUA may appoint an interim BOD during the period of its takeover or intervention of a local water district when the conditions for the LWUA’s takeover of, or intervention in, a local water district are present. “It must be emphasized that the takeover or intervention of a water district is authorized only to ensure payment of its overdue accounts, the satisfaction of its reserve requirements and the resolution of all its causes of default,” the OGCC reiterated. Old board “remains”The OGCC noted that during the takeover, the water district’s board members are not removed, as specified in Section 61 (e) of the LWUA Law. “For this purpose, the Administration may designate its employees or any person or organization to assume both the policy-making authority and the powers of management, including but not limited to, the establishment of water rates and service charges, the dismissal and hiring of personnel, the purchase of equipment, supplies or materials and such other actions as may be necessary to operate the water district efficiently. Such policy-making and management prerogatives may be returned to the Board of Directors and the general manager of the water district, respectively, when all of its overdue accounts have been paid, all its reserve requirements have been satisfied and all the causes of default have been met,” it said.It also cited Sections 17 and 18 of Title II of PD 198, which outline the powers and limitations of local water district boards, emphasizing their role in policy-making rather than detailed management. The OGCC said the original board can return when the default is resolved. / EHP, AML, check the following table to see what categories most online casinos in the Philippines fit in.

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THE Cebu City Government and the Cebu Provincial Government were urged to settle the Cebu Bus Rapid Transit (CBRT) disagreements, as it may result in inconvenience to majority of Cebuanos if it develops into a legal standoff.Cebu City Councilor Nestor Archival, during the Openline News Program on March 12, 2024, maintained his resolution passed during the recent regular session last Wednesday, March 6, for the Cebu City Government through Mayor Michael Rama and Cebu Provincial Government under Governor Gwendolyn Garcia to sit down and discuss a practical solution for ongoing CBRT project in the portion of the Osmeña Boulevard that was affected by the latter's cease-and-desist order.The Council's minority floor leader said that if two leaders do not compromise and bring the matter to court, the Cebuanos will be the ones to suffer."Kung mag-standoff ni, unya maabot ang ting-uwan, unya naay daghan lungag diha, there will be some accidents diha nga mahitabo. Kinsa man ang mabasol diha, diba ang duha gihapon ka institution?" Archival said.(If this develops into a standoff and the rainy season comes, flooding will be noted as there are many holes in the construction site. There will be some accidents. Who will be blamed for it? The two institutions, rights?)He said CBRT was designed to alleviate the commuting woes of the city's residents from Barangay Bulacao and Talamban and for them to enjoy an efficient and seamless public transportation, particularly those who cannot afford to have a private vehicle.Rama threatens lawsuit over CBRT oppositionArchival was a known ally of former mayor Tomas Osmeña, who has been considered the brains behind the CBRT project. He was also part of the team that conceptualized it.But Rama on Thursday, March 7, refused to meet with Garcia to talk about the project, reiterating his desire to file charges against officials who called for the project’s halt.“Why will I have to sit down? They should know where they are. That’s a matter of territory,” Rama said on Friday, March 8, 2024.With the mayor's refusal, Archival said he is planning to submit another resolution, reiterating his earlier call for dialogue between the two local government units.He added that he is open to a suggestion where the City Council initiates a dialogue directly with the Provincial Board to reach a compromise on the project.Disputes should’ve been settled before implementation, says Imee"Ang ako siguro kay from the Vice Mayor itself and the Vice Governor. So, we will be having that resolution, and I will make that," Archival said.He said they acknowledge that the governor's argument is valid, as the bus station, which is part of the CBRT project located in front of the Cebu Capitol building, will potentially block the view of the “heritage” infrastructure built in 1936.He also suggested that both officials avoid throwing antics in the media, regarding the project, as this will result in more tension due to emotions involved."Instead of going to the media, doing some arguments, we are asking them to sit down and try to find ways nga pwede ba nato ni masabot. Kanang if kanang estasyonon naa duol sa Capitol kay kung pwede ba natu i-atras," Archival said."I have talked to Engineer (Norvin) Imbong (the project manager of the CBRT) and they have already raised these items to DOTr (Department of Transporation) og gina-aksyunan nana nila," he added.Archival added that there is a possibility of redesigning the bus stations, including shortening the height of its roof to adjust to the view of the Capitol building.In his opinion, halting the CBRT project will result in putting Cebu in a bad light for future benefactors and affect its credit rating from the perspective of the international financial institutions that approved loan packages for vital government programs and projects.On February 27, Garcia issued Memorandum 16-2024, ordering the Hunan Road and Bridge Construction Group Ltd., contractor of the CBRT Package 1, to cease construction of bus stations along Osmeña Blvd. in front of the Capitol building, citing lacking necessary authorization from the National Historical Commission of the Philippines (NHCP).A day after, during the Council’s regular session on February 28, Vice Mayor Raymond Alvin Garcia, who was the governor's nephew, urged the Office of the Building Official to issue a cease-and-desist order against the construction of the CBRT bus station through his privilege speech.Garcia: Osmeña Boulevard under Cebu Provincial Government Vice Mayor Garcia argued that the Capitol building has heritage protection following the declaration of a National Historical Landmark by the NHCP.Rama criticized his vice mayor for meeting with Governor Garcia and City officials to discuss CBRT matters, calling it a betrayal. He also expressed his disapproval during a meeting with the legislative body.Meanwhile, Osmeña cautioned the governor about the possibility of legal action if she continues to impede the CBRT construction.Tomas hits back at GwenThe CBRT project's groundbreaking ceremony was led by President Ferdinand Marcos Jr. on February 27, 2023, and was joined by the mayor, governor, Transportation Secretary Jaime Bautista, and House Speaker Martin Romualdez.The project has a funding allocation of P28.8 billion, funded by the World Bank, French Development Agency, and the Philippine Government. (EHP) What sports do Filipinos love? . BetToWin Games Pilipinas ✔️ Safe & Secure Online Casinos in PH ✔️ 100+ Expert Casino Game Reviews ▷ Take Your Pick from the Top Player! here is how to register at an online casino site in the Philippines:

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THE Office of the Government Corporate Counsel (OGCC) has released its opinion on the partial intervention of the Local Water Utilities Administration (LWUA) in the Metropolitan Cebu Water District (MCWD).But the LWUA and the MCWD are interpreting it differently.The LWUA, in a statement issued on Tuesday, April 2, 2024, said the OGCC’s opinion affirmed the legality of its partial intervention.The OGCC said the LWUA is authorized to intervene in the operations and management of a water district, including policy-making. However, this power is subject to limitations imposed by its charter. In a statement dated March 26 and signed by Solomon Hermosura, government corporate counsel, and Owen Vidad, the officer-in-charge who handles the legal affairs of water districts, the OGCC explained that before the LWUA can intervene, it must establish that the water district has defaulted on its loan and it has provided the water district with an opportunity to remedy the default.AuthorizedThe OGCC said the LWUA must exhaust the procedures and remedies outlined in the loan agreement before resorting to intervention, ensuring compliance with due process requirements. The LWUA said the MCWD had defaulted on its loan, adding that the water district violated the terms of its Financial Assistance Contract (FAC). It cited the MCWD’s failure to address high non-revenue water that resulted in an annual loss of revenue of at least P117.759 million annually. This violated the agreement that both parties signed under Article IV, Section 7 of the existing FAC, it said.The LWUA issued a demand letter to MCWD board chairman Jose Daluz III and MCWD general manager Edgar Donoso titled “To Explain/Show Cause, To Turn Over Documents and To Stop the Usurpation of the Authority of the MCWD Interim Board of Directors and the Unauthorized Use of Facilities and Resources of MCWD.”“Prudent approach”LWUA Administrator Jose Moises Salonga said MCWD’s FAC with the LWUA provided several options for the LWUA in case the MCWD defaulted.“However, (the) LWUA decided to take a prudent approach by issuing an intervention order that is not only for (the) MCWD’s best interest but more so for the Cebuanos. (The) LWUA is offering a more holistic approach with (the) MCWD through partial intervention,” he said.LWUA Chairman Ronnie Ong issued a statement saying the agency has followed due process, adding that it even agreed with the MCWD’s request to wait for the OGCC’s opinion.“Now that it’s released, (the) LWUA takes note of their legal opinion affirming (the) LWUA’s power to intervene in water districts following that due process has been observed,” Ong said.He pointed out that they informed the MCWD of the partial intervention last March 15, while the FAC between the MCWD and the LWUA empowers the LWUA to implement intervention upon default without the need for judicial procedures or any administrative hearing or any negotiation steps in the LWUA. AssuranceHe said the LWUA provided various opportunities to the MCWD in 2023 to air its side in their various meetings and correspondences regarding finances, water rate and bidding issues.Ong assured that the LWUA’s partial intervention only involves the setting aside and the investigation of the MCWD’s regular board of directors (BOD) and shall not, in any way, affect rank-and-file employees and the delivery of services.“Accessible, uninterrupted and safe water supply to the Cebuanos will remain during the investigation and throughout the partial intervention,” he said.Daluz, in a phone interview on Tuesday, said he interpreted OGCC’s opinion as favorable to them.He said the status quo will remain in the MCWD’s regular BOD.He urged the LWUA to fulfill its earlier agreement to respect the OGCC’s opinion.Daluz explained that the MCWD has never defaulted on its loan, saying it has diligently paid the amortization for its about P12 million loan to LWUA. The MCWD had requested the OGCC for an opinion regarding LWUA’s partial intervention when it appointed an interim BOD last March 15. LWUA Administrator Salonga used Resolution 35, which was approved last September yet, as his authority to implement the agency’s “partial intervention” in the MCWD.The OGCC cited Section 61 (e) of the LWUA Law, which was established under Presidential Decree 198, also known as the Provincial Water Utilities Act of 1973, which allows the LWUA, without the necessity of judicial process, to take over and operate the facilities or properties in the event of a loan default by the local water district in the payment.To ascertain whether the MCWD has defaulted on the loan and the legitimacy of the LWUA’s intervention, the OGCC said it is necessary to examine any loan or financial agreement between the MCWD and the LWUA.No mention of the loanIt said the examination should consider various aspects of the agreement, such as the loan amount, payment schedules, interest rates, fees, events of default, default procedures, and other obligations of the MCWD outlined in the agreement. The OGCC pointed out that the LWUA’s letter dated March 15 did not mention the MCWD’s loan obligation to the LWUA or any default by the MCWD regarding the loan obligation. However, it said the LWUA may appoint an interim BOD during the period of its takeover or intervention of a local water district when the conditions for the LWUA’s takeover of, or intervention in, a local water district are present. “It must be emphasized that the takeover or intervention of a water district is authorized only to ensure payment of its overdue accounts, the satisfaction of its reserve requirements and the resolution of all its causes of default,” the OGCC reiterated. Old board “remains”The OGCC noted that during the takeover, the water district’s board members are not removed, as specified in Section 61 (e) of the LWUA Law. “For this purpose, the Administration may designate its employees or any person or organization to assume both the policy-making authority and the powers of management, including but not limited to, the establishment of water rates and service charges, the dismissal and hiring of personnel, the purchase of equipment, supplies or materials and such other actions as may be necessary to operate the water district efficiently. Such policy-making and management prerogatives may be returned to the Board of Directors and the general manager of the water district, respectively, when all of its overdue accounts have been paid, all its reserve requirements have been satisfied and all the causes of default have been met,” it said.It also cited Sections 17 and 18 of Title II of PD 198, which outline the powers and limitations of local water district boards, emphasizing their role in policy-making rather than detailed management. The OGCC said the original board can return when the default is resolved. / EHP, AML Pick a Bonus in Casino . It’s always a good idea to take your time and make sure you’ve found the best online casino in the Philippines on the online gambling market that can give you what you want.

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THE Cebu City Government and the Cebu Provincial Government were urged to settle the Cebu Bus Rapid Transit (CBRT) disagreements, as it may result in inconvenience to majority of Cebuanos if it develops into a legal standoff.Cebu City Councilor Nestor Archival, during the Openline News Program on March 12, 2024, maintained his resolution passed during the recent regular session last Wednesday, March 6, for the Cebu City Government through Mayor Michael Rama and Cebu Provincial Government under Governor Gwendolyn Garcia to sit down and discuss a practical solution for ongoing CBRT project in the portion of the Osmeña Boulevard that was affected by the latter's cease-and-desist order.The Council's minority floor leader said that if two leaders do not compromise and bring the matter to court, the Cebuanos will be the ones to suffer."Kung mag-standoff ni, unya maabot ang ting-uwan, unya naay daghan lungag diha, there will be some accidents diha nga mahitabo. Kinsa man ang mabasol diha, diba ang duha gihapon ka institution?" Archival said.(If this develops into a standoff and the rainy season comes, flooding will be noted as there are many holes in the construction site. There will be some accidents. Who will be blamed for it? The two institutions, rights?)He said CBRT was designed to alleviate the commuting woes of the city's residents from Barangay Bulacao and Talamban and for them to enjoy an efficient and seamless public transportation, particularly those who cannot afford to have a private vehicle.Rama threatens lawsuit over CBRT oppositionArchival was a known ally of former mayor Tomas Osmeña, who has been considered the brains behind the CBRT project. He was also part of the team that conceptualized it.But Rama on Thursday, March 7, refused to meet with Garcia to talk about the project, reiterating his desire to file charges against officials who called for the project’s halt.“Why will I have to sit down? They should know where they are. That’s a matter of territory,” Rama said on Friday, March 8, 2024.With the mayor's refusal, Archival said he is planning to submit another resolution, reiterating his earlier call for dialogue between the two local government units.He added that he is open to a suggestion where the City Council initiates a dialogue directly with the Provincial Board to reach a compromise on the project.Disputes should’ve been settled before implementation, says Imee"Ang ako siguro kay from the Vice Mayor itself and the Vice Governor. So, we will be having that resolution, and I will make that," Archival said.He said they acknowledge that the governor's argument is valid, as the bus station, which is part of the CBRT project located in front of the Cebu Capitol building, will potentially block the view of the “heritage” infrastructure built in 1936.He also suggested that both officials avoid throwing antics in the media, regarding the project, as this will result in more tension due to emotions involved."Instead of going to the media, doing some arguments, we are asking them to sit down and try to find ways nga pwede ba nato ni masabot. Kanang if kanang estasyonon naa duol sa Capitol kay kung pwede ba natu i-atras," Archival said."I have talked to Engineer (Norvin) Imbong (the project manager of the CBRT) and they have already raised these items to DOTr (Department of Transporation) og gina-aksyunan nana nila," he added.Archival added that there is a possibility of redesigning the bus stations, including shortening the height of its roof to adjust to the view of the Capitol building.In his opinion, halting the CBRT project will result in putting Cebu in a bad light for future benefactors and affect its credit rating from the perspective of the international financial institutions that approved loan packages for vital government programs and projects.On February 27, Garcia issued Memorandum 16-2024, ordering the Hunan Road and Bridge Construction Group Ltd., contractor of the CBRT Package 1, to cease construction of bus stations along Osmeña Blvd. in front of the Capitol building, citing lacking necessary authorization from the National Historical Commission of the Philippines (NHCP).A day after, during the Council’s regular session on February 28, Vice Mayor Raymond Alvin Garcia, who was the governor's nephew, urged the Office of the Building Official to issue a cease-and-desist order against the construction of the CBRT bus station through his privilege speech.Garcia: Osmeña Boulevard under Cebu Provincial Government Vice Mayor Garcia argued that the Capitol building has heritage protection following the declaration of a National Historical Landmark by the NHCP.Rama criticized his vice mayor for meeting with Governor Garcia and City officials to discuss CBRT matters, calling it a betrayal. He also expressed his disapproval during a meeting with the legislative body.Meanwhile, Osmeña cautioned the governor about the possibility of legal action if she continues to impede the CBRT construction.Tomas hits back at GwenThe CBRT project's groundbreaking ceremony was led by President Ferdinand Marcos Jr. on February 27, 2023, and was joined by the mayor, governor, Transportation Secretary Jaime Bautista, and House Speaker Martin Romualdez.The project has a funding allocation of P28.8 billion, funded by the World Bank, French Development Agency, and the Philippine Government. (EHP) licensed online casinos RESIDENTS living near Alviola Street in Barangay Tejero, Cebu City, expressed growing concern as the Tejero Creek’s murky waters have turned white.The abrupt change has sparked fears among residents, who are now concerned about the possibility of hazardous chemical dumping contaminating the river.The white-colored water can be seen from behind the old White Gold House to the Tejero Barangay Hall along Alviola and T. Padilla Streets. Video of the incident was posted by SunStar Cebu on Saturday, April 6, 2024.In a chat message on Saturday, Grace Luardo, Cebu City Environmental Sanitation and Enforcement Team (Ceset) head, said there could be possible human activities in the area that resulted in the transformation of the water color.“Pwede naay nagyabo chemicals or human activities diha sa area,” Luardo said.Luardo said the Ceset will inspect the river on Sunday, April 7, 2024, upon their return from their project on nursery and composting in upland areas.Luardo admitted that they were not aware about it until SunStar Cebu reported the matter.According to Luardo, the occurrence could be due to the improper drainage system of Mactan Rock Industries Inc.She said the company violated City Ordinance 2398, which pertains to no septic tank and no proper drainage.She added that Mactan Rock Industries would pay a total of P2,000 penalty for its violation, which should be settled within seven working days. The penalty will be collected by the Cebu City Environment and Natural Resources Office (CCenro). She also said that the company should settle the matter with the City Legal Office.Luardo said they will make further assessments on the incident, and this would mean involving the CCenro and Coastal Management Board. (AML)

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THE Cebu City Government and the Cebu Provincial Government were urged to settle the Cebu Bus Rapid Transit (CBRT) disagreements, as it may result in inconvenience to majority of Cebuanos if it develops into a legal standoff.Cebu City Councilor Nestor Archival, during the Openline News Program on March 12, 2024, maintained his resolution passed during the recent regular session last Wednesday, March 6, for the Cebu City Government through Mayor Michael Rama and Cebu Provincial Government under Governor Gwendolyn Garcia to sit down and discuss a practical solution for ongoing CBRT project in the portion of the Osmeña Boulevard that was affected by the latter's cease-and-desist order.The Council's minority floor leader said that if two leaders do not compromise and bring the matter to court, the Cebuanos will be the ones to suffer."Kung mag-standoff ni, unya maabot ang ting-uwan, unya naay daghan lungag diha, there will be some accidents diha nga mahitabo. Kinsa man ang mabasol diha, diba ang duha gihapon ka institution?" Archival said.(If this develops into a standoff and the rainy season comes, flooding will be noted as there are many holes in the construction site. There will be some accidents. Who will be blamed for it? The two institutions, rights?)He said CBRT was designed to alleviate the commuting woes of the city's residents from Barangay Bulacao and Talamban and for them to enjoy an efficient and seamless public transportation, particularly those who cannot afford to have a private vehicle.Rama threatens lawsuit over CBRT oppositionArchival was a known ally of former mayor Tomas Osmeña, who has been considered the brains behind the CBRT project. He was also part of the team that conceptualized it.But Rama on Thursday, March 7, refused to meet with Garcia to talk about the project, reiterating his desire to file charges against officials who called for the project’s halt.“Why will I have to sit down? They should know where they are. That’s a matter of territory,” Rama said on Friday, March 8, 2024.With the mayor's refusal, Archival said he is planning to submit another resolution, reiterating his earlier call for dialogue between the two local government units.He added that he is open to a suggestion where the City Council initiates a dialogue directly with the Provincial Board to reach a compromise on the project.Disputes should’ve been settled before implementation, says Imee"Ang ako siguro kay from the Vice Mayor itself and the Vice Governor. So, we will be having that resolution, and I will make that," Archival said.He said they acknowledge that the governor's argument is valid, as the bus station, which is part of the CBRT project located in front of the Cebu Capitol building, will potentially block the view of the “heritage” infrastructure built in 1936.He also suggested that both officials avoid throwing antics in the media, regarding the project, as this will result in more tension due to emotions involved."Instead of going to the media, doing some arguments, we are asking them to sit down and try to find ways nga pwede ba nato ni masabot. Kanang if kanang estasyonon naa duol sa Capitol kay kung pwede ba natu i-atras," Archival said."I have talked to Engineer (Norvin) Imbong (the project manager of the CBRT) and they have already raised these items to DOTr (Department of Transporation) og gina-aksyunan nana nila," he added.Archival added that there is a possibility of redesigning the bus stations, including shortening the height of its roof to adjust to the view of the Capitol building.In his opinion, halting the CBRT project will result in putting Cebu in a bad light for future benefactors and affect its credit rating from the perspective of the international financial institutions that approved loan packages for vital government programs and projects.On February 27, Garcia issued Memorandum 16-2024, ordering the Hunan Road and Bridge Construction Group Ltd., contractor of the CBRT Package 1, to cease construction of bus stations along Osmeña Blvd. in front of the Capitol building, citing lacking necessary authorization from the National Historical Commission of the Philippines (NHCP).A day after, during the Council’s regular session on February 28, Vice Mayor Raymond Alvin Garcia, who was the governor's nephew, urged the Office of the Building Official to issue a cease-and-desist order against the construction of the CBRT bus station through his privilege speech.Garcia: Osmeña Boulevard under Cebu Provincial Government Vice Mayor Garcia argued that the Capitol building has heritage protection following the declaration of a National Historical Landmark by the NHCP.Rama criticized his vice mayor for meeting with Governor Garcia and City officials to discuss CBRT matters, calling it a betrayal. He also expressed his disapproval during a meeting with the legislative body.Meanwhile, Osmeña cautioned the governor about the possibility of legal action if she continues to impede the CBRT construction.Tomas hits back at GwenThe CBRT project's groundbreaking ceremony was led by President Ferdinand Marcos Jr. on February 27, 2023, and was joined by the mayor, governor, Transportation Secretary Jaime Bautista, and House Speaker Martin Romualdez.The project has a funding allocation of P28.8 billion, funded by the World Bank, French Development Agency, and the Philippine Government. (EHP) What sports do Filipinos love?

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