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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 CEBU City Mayor Michael Rama has refused to sit down with the Provincial Government to address issues surrounding the Cebu Bus Rapid Transit (CBRT) project, reiterating his desire to file charges against officials who called for the project’s halt, especially Cebu Gov. Gwendolyn Garcia.“No. I don’t want to sit down with them. Why will I have to sit down? They should know where they are; that’s a matter of territory,” Rama said in an interview on Friday, March 8, 2024.Rama’s response followed a resolution urging both Mayor Rama and Governor Garcia to meet and resolve the CBRT project issue through a dialogue. The resolution, authored by City Councilor Nestor Archival, was adopted during the council’s regular session last Wednesday, March 6.Archival’s resolution was amended to include the Provincial Board and the City Council in the dialogue. The amendment was proposed by City Councilor James Anthony Cuenco.To recall, Gov. Garcia issued Memorandum 16-2024 on Feb. 27, ordering the cessation of construction of bus stations along Osmeña Blvd.A day after, during the council’s regular session on Feb. 28, Vice Mayor Raymond Alvin Garcia (VM Garcia) delivered a privilege speech addressing heritage protection concerns and the visual impact of the CBRT project on the Capitol building, which has been declared a National Historical Landmark by the National Historical Commission of the Philippines.VM Garcia then urged the Office of the Building Official to issue a cease and desist order against the construction of the CBRT bus station.Declining to have a dialogue, Rama said he would proceed with filing charges against those who want to stop the CBRT project, especially Governor Garcia.“I am going now into connecting with my lawyers because I am very, very serious in filing cases even against the governor,” Rama said.When asked on what grounds the City would be filling the case, Rama said he would let the city lawyers prepare it.SunStar Cebu tried to obtain information from City Legal Officer Carlo Vincent Gimena, but he said he could not divulge anything about it at the moment.When asked whether the construction of the CBRT bus station near the Capitol had been halted, Rama said he lacks information on the project’s current status.However, he said the station should be redesigned.“It can be redesigned...before the station, there was an island, but there was no complaint about it...they will do it in (such a) way that it will not cover the Capitol,” Rama said.Rama earlier this year ordered the demolition of the center island on Osmeña Blvd. for the foot processions during the 2024 Fiesta Señor in January.The civil works for the CBRT’s first package is ongoing, and while the project traverses Talisay City and other towns of Cebu Province, most of its components are located in Cebu City.Meanwhile, regarding his desire to remove CBRT project manager Norvin Imbong, Rama said he had already talked with Transportation Secretary Jaime Bautista twice.Rama added that he also does not want to be in a dialogue with Imbong around. Rama, earlier, called for the ouster of Imbong due to alleged mismanagement of the CBRT project. / AML

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CEBU City Mayor Michael Rama has refused to sit down with the Provincial Government to address issues surrounding the Cebu Bus Rapid Transit (CBRT) project, reiterating his desire to file charges against officials who called for the project’s halt, especially Cebu Gov. Gwendolyn Garcia.“No. I don’t want to sit down with them. Why will I have to sit down? They should know where they are; that’s a matter of territory,” Rama said in an interview on Friday, March 8, 2024.Rama’s response followed a resolution urging both Mayor Rama and Governor Garcia to meet and resolve the CBRT project issue through a dialogue. The resolution, authored by City Councilor Nestor Archival, was adopted during the council’s regular session last Wednesday, March 6.Archival’s resolution was amended to include the Provincial Board and the City Council in the dialogue. The amendment was proposed by City Councilor James Anthony Cuenco.To recall, Gov. Garcia issued Memorandum 16-2024 on Feb. 27, ordering the cessation of construction of bus stations along Osmeña Blvd.A day after, during the council’s regular session on Feb. 28, Vice Mayor Raymond Alvin Garcia (VM Garcia) delivered a privilege speech addressing heritage protection concerns and the visual impact of the CBRT project on the Capitol building, which has been declared a National Historical Landmark by the National Historical Commission of the Philippines.VM Garcia then urged the Office of the Building Official to issue a cease and desist order against the construction of the CBRT bus station.Declining to have a dialogue, Rama said he would proceed with filing charges against those who want to stop the CBRT project, especially Governor Garcia.“I am going now into connecting with my lawyers because I am very, very serious in filing cases even against the governor,” Rama said.When asked on what grounds the City would be filling the case, Rama said he would let the city lawyers prepare it.SunStar Cebu tried to obtain information from City Legal Officer Carlo Vincent Gimena, but he said he could not divulge anything about it at the moment.When asked whether the construction of the CBRT bus station near the Capitol had been halted, Rama said he lacks information on the project’s current status.However, he said the station should be redesigned.“It can be redesigned...before the station, there was an island, but there was no complaint about it...they will do it in (such a) way that it will not cover the Capitol,” Rama said.Rama earlier this year ordered the demolition of the center island on Osmeña Blvd. for the foot processions during the 2024 Fiesta Señor in January.The civil works for the CBRT’s first package is ongoing, and while the project traverses Talisay City and other towns of Cebu Province, most of its components are located in Cebu City.Meanwhile, regarding his desire to remove CBRT project manager Norvin Imbong, Rama said he had already talked with Transportation Secretary Jaime Bautista twice.Rama added that he also does not want to be in a dialogue with Imbong around. Rama, earlier, called for the ouster of Imbong due to alleged mismanagement of the CBRT project. / AML Online Casino Philippines Guide THE WATER supply of Metropolitan Cebu Water District (MCWD) has decreased due to the ongoing dry spell caused by the strong El Niño phenomenon.Tommy Gonzalez of the production department of MCWD said on Tuesday, March 5, 2024, that they have observed that the supply has been depleting since the last quarter of last year.MCWD is a primary water utility company, which serves the cities of Cebu, Mandaue, Talisay and Lapu-Lapu and the towns of Consolacion, Liloan, Compostela, and Cordova.He said they used to produce 301,000 cubic meters of water daily, but now they can only produce around 276,000 cubic meters per day.“We have consumers from the coverage area who are already complaining that their supposed 24-hour availability of water is now intermittent,” he said.He said the water needs of the entire Metro Cebu amount to 600,000 cubic meters per day, and they only provide 52 percent, or approximately 312,000 cubic meters.ClarificationHe clarified that MCWD does not serve everyone in the metro. Non-customers should not address their complaints to the water district, he said.Metro Cebu is made up of the cities of Carcar, Cebu, Danao, Lapu-Lapu, Mandaue, Naga and Talisay, and the towns of Compostela, Consolacion, Cordova, Liloan, Minglanilla and San Fernando.Gonzalez said MCWD currently acquires water from three distinct sources: desalinated seawater (10 percent), groundwater obtained from wells (50 percent), and surface water (40 percent), which encompasses both bulk water and sources owned by MCWD.He said the ongoing dry spell disproportionately affects the supply from surface water sources, which are directly exposed to the atmosphere and are therefore “more susceptible to the extensive heat.”Among its surface water sources are the Jaclupan wellfield in Talisay City, which normally produces 30,000 cubic meters, and the Buhisan Dam in Cebu City, which normally produces 5,000 cubic meters.However, he did not provide their current water output.Gonzalez said seawater can be a great source of supply since “seawater is limitless,” but he said it is expensive.However, he said they are currently capitalizing on establishing more desalination projects.On Dec. 28, 2022, MCWD signed a 25-year contract worth P20.7 billion for a joint venture with Pilipinas Water Resources Inc. and 8990 Housing Development Corp. to provide desalinated water.According to the contract, 10,000 cubic meters of water would be delivered daily in the first year, with the delivery increasing to 25,000 cubic meters per day for the remaining 24 years of the agreement.SunStar Cebu tried to contact Gonzalez for any updates on the water district’s water supply output, but he did not respond as of press time.Dry spellMeanwhile, Chief Alfredo “Al” Quiblat Jr. of the weather bureau Pagasa Visayas announced that Cebu is officially under a dry spell.A dry spell refers to three consecutive months of below-normal rainfall, or a drop of 21 percent to 60 percent, or two consecutive months of way below-normal rainfall, or a drop of more than 60 percent.According to records of the Cebu City Agriculture Department, 506 farmers out of the 10,719 registered farmers in the city’s 28 mountain barangays are already reeling from the effects of El Niño, with the extreme weather condition affecting 115 hectares of farmland.They suffer from lack of water which has damaged or destroyed some of their crops, said City Agriculturist Joelito Baclayon.“Nagproblema na sila, wala nitubo ilang mga tanom kay nagkulang na gyud and tubig. Ato silang gikuanan, gitagaan ug response dayon ug ato dayong gikuha ang posibile pud na may mga damages,” he said.(Some of their crops did not grow due to lack of water. We’ve already responded and collated the possible damage they have incurred.)The City Government has moved to implement mitigating measures to alleviate the plight of the affected farmers, which include a comprehensive barangay-to-barangay campaign and awareness caravan, rallying local communities and associations to identify and address pressing issues related to farming amid the El Niño.Baclayon said they have allocated P97 million in assistance but only for those who have suffered because of the El Niño.He said insured farmers can also file insurance claims.He said the City will also implement essential infrastructure projects like building mini-irrigations, and deploy power pumps, drums, hoses, as well as construct greenhouses to bolster agricultural resilience.Baclayon also highlighted the formation of three organizations that comprise approximately 97 mini-associations to streamline the distribution of resources and support across the 28 affected mountain barangays.“Importante kaayo na gi-organize namo sila kay they are the ones who would tell us asa gyud dapita within sa ilaha na area possibly naay enough na sufficiency nga kabutangan [where infrastructure projects will be implemented],” Baclayon said.(It was important to organize them since they are the ones who will tell us where infrastructure projects can be implemented to mitigate the effects of the El Niño,” he said in a mix of Cebuano and English. (KJF / Joshua Usigan, BIPSU Intern)

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THE WATER supply of Metropolitan Cebu Water District (MCWD) has decreased due to the ongoing dry spell caused by the strong El Niño phenomenon.Tommy Gonzalez of the production department of MCWD said on Tuesday, March 5, 2024, that they have observed that the supply has been depleting since the last quarter of last year.MCWD is a primary water utility company, which serves the cities of Cebu, Mandaue, Talisay and Lapu-Lapu and the towns of Consolacion, Liloan, Compostela, and Cordova.He said they used to produce 301,000 cubic meters of water daily, but now they can only produce around 276,000 cubic meters per day.“We have consumers from the coverage area who are already complaining that their supposed 24-hour availability of water is now intermittent,” he said.He said the water needs of the entire Metro Cebu amount to 600,000 cubic meters per day, and they only provide 52 percent, or approximately 312,000 cubic meters.ClarificationHe clarified that MCWD does not serve everyone in the metro. Non-customers should not address their complaints to the water district, he said.Metro Cebu is made up of the cities of Carcar, Cebu, Danao, Lapu-Lapu, Mandaue, Naga and Talisay, and the towns of Compostela, Consolacion, Cordova, Liloan, Minglanilla and San Fernando.Gonzalez said MCWD currently acquires water from three distinct sources: desalinated seawater (10 percent), groundwater obtained from wells (50 percent), and surface water (40 percent), which encompasses both bulk water and sources owned by MCWD.He said the ongoing dry spell disproportionately affects the supply from surface water sources, which are directly exposed to the atmosphere and are therefore “more susceptible to the extensive heat.”Among its surface water sources are the Jaclupan wellfield in Talisay City, which normally produces 30,000 cubic meters, and the Buhisan Dam in Cebu City, which normally produces 5,000 cubic meters.However, he did not provide their current water output.Gonzalez said seawater can be a great source of supply since “seawater is limitless,” but he said it is expensive.However, he said they are currently capitalizing on establishing more desalination projects.On Dec. 28, 2022, MCWD signed a 25-year contract worth P20.7 billion for a joint venture with Pilipinas Water Resources Inc. and 8990 Housing Development Corp. to provide desalinated water.According to the contract, 10,000 cubic meters of water would be delivered daily in the first year, with the delivery increasing to 25,000 cubic meters per day for the remaining 24 years of the agreement.SunStar Cebu tried to contact Gonzalez for any updates on the water district’s water supply output, but he did not respond as of press time.Dry spellMeanwhile, Chief Alfredo “Al” Quiblat Jr. of the weather bureau Pagasa Visayas announced that Cebu is officially under a dry spell.A dry spell refers to three consecutive months of below-normal rainfall, or a drop of 21 percent to 60 percent, or two consecutive months of way below-normal rainfall, or a drop of more than 60 percent.According to records of the Cebu City Agriculture Department, 506 farmers out of the 10,719 registered farmers in the city’s 28 mountain barangays are already reeling from the effects of El Niño, with the extreme weather condition affecting 115 hectares of farmland.They suffer from lack of water which has damaged or destroyed some of their crops, said City Agriculturist Joelito Baclayon.“Nagproblema na sila, wala nitubo ilang mga tanom kay nagkulang na gyud and tubig. Ato silang gikuanan, gitagaan ug response dayon ug ato dayong gikuha ang posibile pud na may mga damages,” he said.(Some of their crops did not grow due to lack of water. We’ve already responded and collated the possible damage they have incurred.)The City Government has moved to implement mitigating measures to alleviate the plight of the affected farmers, which include a comprehensive barangay-to-barangay campaign and awareness caravan, rallying local communities and associations to identify and address pressing issues related to farming amid the El Niño.Baclayon said they have allocated P97 million in assistance but only for those who have suffered because of the El Niño.He said insured farmers can also file insurance claims.He said the City will also implement essential infrastructure projects like building mini-irrigations, and deploy power pumps, drums, hoses, as well as construct greenhouses to bolster agricultural resilience.Baclayon also highlighted the formation of three organizations that comprise approximately 97 mini-associations to streamline the distribution of resources and support across the 28 affected mountain barangays.“Importante kaayo na gi-organize namo sila kay they are the ones who would tell us asa gyud dapita within sa ilaha na area possibly naay enough na sufficiency nga kabutangan [where infrastructure projects will be implemented],” Baclayon said.(It was important to organize them since they are the ones who will tell us where infrastructure projects can be implemented to mitigate the effects of the El Niño,” he said in a mix of Cebuano and English. (KJF / Joshua Usigan, BIPSU Intern) Online Casino Philippines Guide 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. 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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. 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CEBU City Mayor Michael Rama has refused to sit down with the Provincial Government to address issues surrounding the Cebu Bus Rapid Transit (CBRT) project, reiterating his desire to file charges against officials who called for the project’s halt, especially Cebu Gov. Gwendolyn Garcia.“No. I don’t want to sit down with them. Why will I have to sit down? They should know where they are; that’s a matter of territory,” Rama said in an interview on Friday, March 8, 2024.Rama’s response followed a resolution urging both Mayor Rama and Governor Garcia to meet and resolve the CBRT project issue through a dialogue. The resolution, authored by City Councilor Nestor Archival, was adopted during the council’s regular session last Wednesday, March 6.Archival’s resolution was amended to include the Provincial Board and the City Council in the dialogue. The amendment was proposed by City Councilor James Anthony Cuenco.To recall, Gov. Garcia issued Memorandum 16-2024 on Feb. 27, ordering the cessation of construction of bus stations along Osmeña Blvd.A day after, during the council’s regular session on Feb. 28, Vice Mayor Raymond Alvin Garcia (VM Garcia) delivered a privilege speech addressing heritage protection concerns and the visual impact of the CBRT project on the Capitol building, which has been declared a National Historical Landmark by the National Historical Commission of the Philippines.VM Garcia then urged the Office of the Building Official to issue a cease and desist order against the construction of the CBRT bus station.Declining to have a dialogue, Rama said he would proceed with filing charges against those who want to stop the CBRT project, especially Governor Garcia.“I am going now into connecting with my lawyers because I am very, very serious in filing cases even against the governor,” Rama said.When asked on what grounds the City would be filling the case, Rama said he would let the city lawyers prepare it.SunStar Cebu tried to obtain information from City Legal Officer Carlo Vincent Gimena, but he said he could not divulge anything about it at the moment.When asked whether the construction of the CBRT bus station near the Capitol had been halted, Rama said he lacks information on the project’s current status.However, he said the station should be redesigned.“It can be redesigned...before the station, there was an island, but there was no complaint about it...they will do it in (such a) way that it will not cover the Capitol,” Rama said.Rama earlier this year ordered the demolition of the center island on Osmeña Blvd. for the foot processions during the 2024 Fiesta Señor in January.The civil works for the CBRT’s first package is ongoing, and while the project traverses Talisay City and other towns of Cebu Province, most of its components are located in Cebu City.Meanwhile, regarding his desire to remove CBRT project manager Norvin Imbong, Rama said he had already talked with Transportation Secretary Jaime Bautista twice.Rama added that he also does not want to be in a dialogue with Imbong around. Rama, earlier, called for the ouster of Imbong due to alleged mismanagement of the CBRT project. / AML 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 Online Casino Philippines Guide . 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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CEBU City Mayor Michael Rama has refused to sit down with the Provincial Government to address issues surrounding the Cebu Bus Rapid Transit (CBRT) project, reiterating his desire to file charges against officials who called for the project’s halt, especially Cebu Gov. Gwendolyn Garcia.“No. I don’t want to sit down with them. Why will I have to sit down? They should know where they are; that’s a matter of territory,” Rama said in an interview on Friday, March 8, 2024.Rama’s response followed a resolution urging both Mayor Rama and Governor Garcia to meet and resolve the CBRT project issue through a dialogue. The resolution, authored by City Councilor Nestor Archival, was adopted during the council’s regular session last Wednesday, March 6.Archival’s resolution was amended to include the Provincial Board and the City Council in the dialogue. The amendment was proposed by City Councilor James Anthony Cuenco.To recall, Gov. Garcia issued Memorandum 16-2024 on Feb. 27, ordering the cessation of construction of bus stations along Osmeña Blvd.A day after, during the council’s regular session on Feb. 28, Vice Mayor Raymond Alvin Garcia (VM Garcia) delivered a privilege speech addressing heritage protection concerns and the visual impact of the CBRT project on the Capitol building, which has been declared a National Historical Landmark by the National Historical Commission of the Philippines.VM Garcia then urged the Office of the Building Official to issue a cease and desist order against the construction of the CBRT bus station.Declining to have a dialogue, Rama said he would proceed with filing charges against those who want to stop the CBRT project, especially Governor Garcia.“I am going now into connecting with my lawyers because I am very, very serious in filing cases even against the governor,” Rama said.When asked on what grounds the City would be filling the case, Rama said he would let the city lawyers prepare it.SunStar Cebu tried to obtain information from City Legal Officer Carlo Vincent Gimena, but he said he could not divulge anything about it at the moment.When asked whether the construction of the CBRT bus station near the Capitol had been halted, Rama said he lacks information on the project’s current status.However, he said the station should be redesigned.“It can be redesigned...before the station, there was an island, but there was no complaint about it...they will do it in (such a) way that it will not cover the Capitol,” Rama said.Rama earlier this year ordered the demolition of the center island on Osmeña Blvd. for the foot processions during the 2024 Fiesta Señor in January.The civil works for the CBRT’s first package is ongoing, and while the project traverses Talisay City and other towns of Cebu Province, most of its components are located in Cebu City.Meanwhile, regarding his desire to remove CBRT project manager Norvin Imbong, Rama said he had already talked with Transportation Secretary Jaime Bautista twice.Rama added that he also does not want to be in a dialogue with Imbong around. Rama, earlier, called for the ouster of Imbong due to alleged mismanagement of the CBRT project. / AML licensed online casinos THE WATER supply of Metropolitan Cebu Water District (MCWD) has decreased due to the ongoing dry spell caused by the strong El Niño phenomenon.Tommy Gonzalez of the production department of MCWD said on Tuesday, March 5, 2024, that they have observed that the supply has been depleting since the last quarter of last year.MCWD is a primary water utility company, which serves the cities of Cebu, Mandaue, Talisay and Lapu-Lapu and the towns of Consolacion, Liloan, Compostela, and Cordova.He said they used to produce 301,000 cubic meters of water daily, but now they can only produce around 276,000 cubic meters per day.“We have consumers from the coverage area who are already complaining that their supposed 24-hour availability of water is now intermittent,” he said.He said the water needs of the entire Metro Cebu amount to 600,000 cubic meters per day, and they only provide 52 percent, or approximately 312,000 cubic meters.ClarificationHe clarified that MCWD does not serve everyone in the metro. Non-customers should not address their complaints to the water district, he said.Metro Cebu is made up of the cities of Carcar, Cebu, Danao, Lapu-Lapu, Mandaue, Naga and Talisay, and the towns of Compostela, Consolacion, Cordova, Liloan, Minglanilla and San Fernando.Gonzalez said MCWD currently acquires water from three distinct sources: desalinated seawater (10 percent), groundwater obtained from wells (50 percent), and surface water (40 percent), which encompasses both bulk water and sources owned by MCWD.He said the ongoing dry spell disproportionately affects the supply from surface water sources, which are directly exposed to the atmosphere and are therefore “more susceptible to the extensive heat.”Among its surface water sources are the Jaclupan wellfield in Talisay City, which normally produces 30,000 cubic meters, and the Buhisan Dam in Cebu City, which normally produces 5,000 cubic meters.However, he did not provide their current water output.Gonzalez said seawater can be a great source of supply since “seawater is limitless,” but he said it is expensive.However, he said they are currently capitalizing on establishing more desalination projects.On Dec. 28, 2022, MCWD signed a 25-year contract worth P20.7 billion for a joint venture with Pilipinas Water Resources Inc. and 8990 Housing Development Corp. to provide desalinated water.According to the contract, 10,000 cubic meters of water would be delivered daily in the first year, with the delivery increasing to 25,000 cubic meters per day for the remaining 24 years of the agreement.SunStar Cebu tried to contact Gonzalez for any updates on the water district’s water supply output, but he did not respond as of press time.Dry spellMeanwhile, Chief Alfredo “Al” Quiblat Jr. of the weather bureau Pagasa Visayas announced that Cebu is officially under a dry spell.A dry spell refers to three consecutive months of below-normal rainfall, or a drop of 21 percent to 60 percent, or two consecutive months of way below-normal rainfall, or a drop of more than 60 percent.According to records of the Cebu City Agriculture Department, 506 farmers out of the 10,719 registered farmers in the city’s 28 mountain barangays are already reeling from the effects of El Niño, with the extreme weather condition affecting 115 hectares of farmland.They suffer from lack of water which has damaged or destroyed some of their crops, said City Agriculturist Joelito Baclayon.“Nagproblema na sila, wala nitubo ilang mga tanom kay nagkulang na gyud and tubig. Ato silang gikuanan, gitagaan ug response dayon ug ato dayong gikuha ang posibile pud na may mga damages,” he said.(Some of their crops did not grow due to lack of water. We’ve already responded and collated the possible damage they have incurred.)The City Government has moved to implement mitigating measures to alleviate the plight of the affected farmers, which include a comprehensive barangay-to-barangay campaign and awareness caravan, rallying local communities and associations to identify and address pressing issues related to farming amid the El Niño.Baclayon said they have allocated P97 million in assistance but only for those who have suffered because of the El Niño.He said insured farmers can also file insurance claims.He said the City will also implement essential infrastructure projects like building mini-irrigations, and deploy power pumps, drums, hoses, as well as construct greenhouses to bolster agricultural resilience.Baclayon also highlighted the formation of three organizations that comprise approximately 97 mini-associations to streamline the distribution of resources and support across the 28 affected mountain barangays.“Importante kaayo na gi-organize namo sila kay they are the ones who would tell us asa gyud dapita within sa ilaha na area possibly naay enough na sufficiency nga kabutangan [where infrastructure projects will be implemented],” Baclayon said.(It was important to organize them since they are the ones who will tell us where infrastructure projects can be implemented to mitigate the effects of the El Niño,” he said in a mix of Cebuano and English. (KJF / Joshua Usigan, BIPSU Intern)

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CEBU City Mayor Michael Rama has refused to sit down with the Provincial Government to address issues surrounding the Cebu Bus Rapid Transit (CBRT) project, reiterating his desire to file charges against officials who called for the project’s halt, especially Cebu Gov. Gwendolyn Garcia.“No. I don’t want to sit down with them. Why will I have to sit down? They should know where they are; that’s a matter of territory,” Rama said in an interview on Friday, March 8, 2024.Rama’s response followed a resolution urging both Mayor Rama and Governor Garcia to meet and resolve the CBRT project issue through a dialogue. The resolution, authored by City Councilor Nestor Archival, was adopted during the council’s regular session last Wednesday, March 6.Archival’s resolution was amended to include the Provincial Board and the City Council in the dialogue. The amendment was proposed by City Councilor James Anthony Cuenco.To recall, Gov. Garcia issued Memorandum 16-2024 on Feb. 27, ordering the cessation of construction of bus stations along Osmeña Blvd.A day after, during the council’s regular session on Feb. 28, Vice Mayor Raymond Alvin Garcia (VM Garcia) delivered a privilege speech addressing heritage protection concerns and the visual impact of the CBRT project on the Capitol building, which has been declared a National Historical Landmark by the National Historical Commission of the Philippines.VM Garcia then urged the Office of the Building Official to issue a cease and desist order against the construction of the CBRT bus station.Declining to have a dialogue, Rama said he would proceed with filing charges against those who want to stop the CBRT project, especially Governor Garcia.“I am going now into connecting with my lawyers because I am very, very serious in filing cases even against the governor,” Rama said.When asked on what grounds the City would be filling the case, Rama said he would let the city lawyers prepare it.SunStar Cebu tried to obtain information from City Legal Officer Carlo Vincent Gimena, but he said he could not divulge anything about it at the moment.When asked whether the construction of the CBRT bus station near the Capitol had been halted, Rama said he lacks information on the project’s current status.However, he said the station should be redesigned.“It can be redesigned...before the station, there was an island, but there was no complaint about it...they will do it in (such a) way that it will not cover the Capitol,” Rama said.Rama earlier this year ordered the demolition of the center island on Osmeña Blvd. for the foot processions during the 2024 Fiesta Señor in January.The civil works for the CBRT’s first package is ongoing, and while the project traverses Talisay City and other towns of Cebu Province, most of its components are located in Cebu City.Meanwhile, regarding his desire to remove CBRT project manager Norvin Imbong, Rama said he had already talked with Transportation Secretary Jaime Bautista twice.Rama added that he also does not want to be in a dialogue with Imbong around. Rama, earlier, called for the ouster of Imbong due to alleged mismanagement of the CBRT project. / AML What sports do Filipinos love?

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