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Hon. Rama et al. vs. Hon. Moises et al. [CONCURRING, LEONEN, J.]

HON. MICHAEL L. RAMA, IN HIS CAPACITY AS MAYOR OF CEBU CITY, METROPOLITAN CEBU WATER DISTRICT (MCWD), REPRESENTED BY ITS GENERAL MANAGER, ARMANDO PAREDES; THE BOARD OF DIRECTORS OF MCWD, REPRESENTED BY ITS CHAIR, ELIGIO A. PACANA; JOEL MARI S. YU, IN HIS CAPACITY AS MEMBER OF THE MCWD BOARD; AND THE HONORABLE TOMAS R. OSMEÑA, IN HIS CAPACITY AS CONGRESSIONAL REPRESENTATIVE OF THE SOUTH DISTRICT, CEBU CITY, PETITIONERS, VS. HON. GILBERT P. MOISES, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, BRANCH 18, CEBU CITY; AND HON. GWENDOLYN F. GARCIA, IN HER CAPACITY AS GOVERNOR OF THE PROVINCE OF CEBU, RESPONDENTS.

G.R. No. 197146 | 2016-12-06

CONCURRING OPINION

LEONEN, J.:

I concur. The provincial governor has no power to appoint members of Metropolitan Cebu Water District's (MCWD) board.

This case involves the validity and proper interpretation of Section 3(b) of Presidential Decree No. 198 or the Provincial Water Utilities Act of 1973. Metropolitan Cebu Water District, having been created in 1974 by virtue of this Decree, was subject to its provisions including that in dispute:

Section 3. Definitions. - As used in this Decree, the following words and terms shall have the meanings herein set forth, unless a different meaning clearly appears from the context. The...