The Koronadal City Regional Trial Court Branch 25 in Civil Case No. 1799-(24)25 has effectively upheld the jurisdiction and authority of the Local Water Utilities Administration (LWUA) in deciding water district appointments and in its action of temporarily assuming the policy-making and management functions of the Koronadal Water District (KWD) to protect the interest of the national government and the water concessionaires that were being prejudiced by disputes between two groups claiming to be the legal board and management of the water district.

This surfaced as Koronadal RTC designated judge, Hon. Oscar P. Noel dismissed for want of jurisdiction last January 7, 2008 two cases respectively filed by a group of holdout directors led by Atty. John Nadua and general manager Eleanor P. Gomba against new board members appointed by the City Mayor namely Joselito Reyes and Carlito Uy whose appointments were confirmed by LWUA under LOI No. 744 and against their appointed OIC general manager Rey Vargas.

The cases stemmed from claim of the old KWD directors to their being still the legal board notwithstanding the appointment of a new set of board members by the City Mayor and the LWUA confirmation. Gomba also refused to recognize the new board resulting to her dismissal and replacement by Vargas whom Gomba also sued in court. Due to the controversy that has jeopardized LWUA loan exposure in the KWD and the potable water service to the city folks, the LWUA decided to takeover the policy-making and management functions of the water district through its appointed interim board headed by acting Senior Deputy Administrator Daniel Landingin and OIC general manager, Engr. Roque Facura who is a native of the city. The Nadua-Gomba group also sued LWUA and were able to secure an injunction from the sala of RTC Judge Oscar Dinopol who even went as far as citing the LWUA agents for contempt for the takeover.

In deciding the case, Judge Noel emphatically cited section 1 of PD 1818 which provides that "No court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction or preliminary mandatory injunction in any case, dispute or controversy involving… any public utility operated by the government". Judge Noel ruled that " (T)he acts of LWUA being a public utility corporation cannot therefore be enjoined by the court pursuant to PD 1818 and as such, all previous writs and/or orders issued against the acts of LWUA are considered void".

"The LWUA being a part of the executive branch must be allowed to exercise its police power to safeguard and/or promote the health, safety and general welfare of the concessionaires and the general public specially now that there are disturbing reports of stomach disorders and gastro-intestinal related diseases due to the blackish/rust colored water being supplied by the KWD for its concessionaires", the ruling concluded.

c January 16, 2008