CAGAYAN de Oro Water District (COWD) is delaying compliance with a subpoena from the National Bureau of Investigation (NBI-10) as it questions the authority of Interim General Manager Fermin Jarales, according to legal counsel Atty. Angeli Avenido.

In an interview yesterday, Avenido said that while they respect the NBI-10 and its subpoena, they have not yet submitted the required documents, pending approval from the COWD Board of Directors.

The board will decide by the second week of August whether to comply with the NBI’s requests.

The subpoena, dated June 25, calls for the appearance of seven key COWD officials at the NBI-10 on July 31, 2024. The individuals summoned include Vanessa Chiu, Finance Department Manager; Moses Echano, Engineering Department Manager; Ma. Evelyn Vasallo, Cash Management Division; Edna Najeal, Assistant General Manager; Maria Mercedes Batar, GM Executive Assistant and Board Secretary; and Souldie Laranjo, Management Services Department Manager.

Issued under Republic Act 10867, the subpoena directs the individuals to provide evidence related to an ongoing investigation into alleged irregularities within the COWD, initiated by Interim GM Jarales.

The NBI seeks Certified True Copies of specific documents detailed in Annex “A” of the subpoena.

Avenido mentioned that the COWD had a Zoom meeting with the NBI Central Office and the seven officials named in the subpoena. She pointed out that any actions taken will require board approval.

“We have not submitted the requested documents because we are still questioning the authority of Fermin Jarales as Interim General Manager,” Avenido said. She added that they are investigating Jarales’ authority to file complaints with the NBI.

If it is determined that Jarales lacked proper authority, Avenido indicated that the COWD would not comply with the NBI’s jurisdiction.

“We will simply inform the NBI that we do not recognize their jurisdiction due to the lack of proper authorization for the complaint filed by Jarales,” she told Gold Star Daily.

Avenido also noted that Jarales is currently not allowed to enter the COWD premises, except as a customer to pay his water bill.

“Dili gyud sya namo pasudlon. Kung magbayad siya’g bill, pwede as a customer,” she said.

The legality of Jarales and the Interim Board of Officers is still being questioned, though the COWD continues to recognize the Local Water Utilities Association as its regulatory body, she added.