Quezon City--- The Local Water Utilities Administration has decried the wanton and blatant resort to legal maneuverings by a group of over-staying directors and an already-terminated general manager to usurp the policy-making and management functions of the Koronadal Water District (KWD) to the detriment of public service and accountability.

LWUA, the agency vested under the law to exercise regulatory supervision over the country's numerous water districts, also laments the action of a local Regional Trial Court (RTC) judge of consistently issuing orders prejudicial to the intervention of LWUA and other concerned authorities to resolve the issue to the best interest of the public and the government as a whole.

In issuing this press statement, LWUA announced that the Office of the Government Corporate Counsel (OGCC) has agreed to directly intervene in the case and represent LWUA as well as the other legal parties in the KWD in the resolving of the legal mess created by the other group in its desperate bid to stay in control of the water district.

LWUA said that water districts are government-owned and controlled corporations (GOCC) and hence are public utilities subject to the policies, rules and regulations of such special national agencies and constitutional bodies as LWUA, the Civil Service Commission (CSC), Commission on Audit (COA) and the Department of Budget and Management (DBM). KWD being such, the continued holding to posts through securing of court orders by the board of directors led by a certain De la Pena and the already terminated general manager Leanor Gomba, despite their replacements, is already tantamount to usurpation of authority and therefore contrary to the best interest of public service, it said.

LWUA has already written last year and early this year then general manager Gomba confirming the appointment of a new set of board of directors for the water district headed by Allan Du Yaphokun as duly appointed by Koronadal City Mayor Fernando Miguel that the OGCC has also confirmed to be in order. But instead of acting accordingly, Gomba refused to recognize the new board and continuously defied their orders and instructions resulting to her suspension and later termination. Gomba later filed and was able to secure an injunction in the sala of RTC Judge Oscar Dinopol against the appointed OIC-general manager, Rey Vargas, despite the fact that the original case involving the two disputing boards of directors is pending in the sala of RTC Judge Laureano Alzate.

Gomba with the help of KWD employees, some reportedly cowed with the threat of termination by her, later transferred the water district office to another building hauling away with them most of the KWD equipment and properties. The Gomba group also proceeded to take control of KWD facilities and coerced the water concessionaires to pay their bills in their office under the threat of outright disconnection.

With the situation worsening to a crisis, LWUA has been requested by the Yaphockun board to temporarily take over the policy-making and management functions of the KWD to restore order in the delivery of basic water service in the city and to protect not only the interest of the water district's numerous concessionaires but also LWUA investment in the KWD. But LWUA failed to effect the takeover because of Judge Dinopol's hastily issued orders dated March 24, 2007

On March 24, 2007, a Saturday, the interim board composed of LWUA officials and employees led by acting Senior Deputy Administrator Daniel Landingin flew to Koronadal and proceeded to Gomba's office to serve the notice of LWUA's temporary takeover as approved by the LWUA Board of Trustees in accordance with policies and procedures. But the event was marred by the sudden intrusion of an angry group of people, later identified as employees dismissed by Gomba, who went on to recover properties of the water district earlier carted way by the group of Gomba which is the subject of a complaint for qualified theft filed by Yaphokun group .
At 815 pm on the same day, Judge Dinopol issued an order ordering the original defendants in the case pending before his sala, Rey Vargas, Yaphokun et al, but now also including the LWUA interim board and management, to uphold and preserve his previous orders dated February 23, 2007 and March 9, 2007. Further, Dinopol issued an order for LWUA officers to maintain the status quo ante and effect the return of properties earlier taken from the office of Gomba. He also ordered the LWUA officers to "explain within 12 hours why they should not be cited for contempt for violating such order". Later that same evening, Judge Dinopol issued another order directing the AFP, PNP and all government enforcement agencies to "arrest certain people until they comply with his earlier order and to break open any and all structures for the purpose of implementing the order."

LWUA said that the orders of Judge Dinopol are highly questionable considering that all LWUA officers cited are not parties to the original civil case filed by Gomba on February 19, 2007 with only Vargas named as defendant. It said that the orders were issued on a Saturday, a non-working day way past office hours. The same were not set for hearing and without proof of notice to the concerned parties which is considered a violation of the Rules on Summary Procedures.
c April 1 0 , 2007