By Joey P. Nacalaban
Correspondent .
LAWYER James Judith slammed at his detractors who have earlier refuted his assertion that the city mayor can remove his appointed board of directors at the Cagayan de Oro Water District (COWD).
Judith cited the Supreme Court decision in 1999 (Aguirre v de Castro, GR 127631), “absent any contrary statutory provision, the power to appoint carries with it the power to remove or to discipline.”
According to Judith this means that since the mayor appointed the COWD board directors, then he can also remove them if he wishes to.
“Kanang decision sa SC de Castro vs Aguirre nga nagsulti nga ‘the power to appoint carries with it the power to remove or to discipline’ applicable kana kung wala specific nga provision ang mao nga government office such as the LWUA [Local Water Utility Administration],” Judith explained.
Earlier, Eduardo Montalvan, COWD board chairman, chided Judith’s nagging declaration in citing cases in Iloilo City Water District and the removal of some board of directors at the said water utility as examples on what Mayor Oscar Moreno should do with the COWD board of directors.
He said if Montalvan can show a provision or a law saying that the mayor can not remove members of the COWD board, he said he will rest his case.
He said Montalvan’s group only anchored their defenses on the tradition that the chief executive cannot terminate those who appointed by him without citing a law.
He said it has become a rule because they do not know that there is a legal precedent.
LWUA’s provision, Judith added, is silent on what to do after the appointment of the board of directors.
“That is why moingon ko nga tungod ba kay ignorante sila ani nga balaod dili na sila liable,” Judith rhetorically asked.
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