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Hon. Rama et al. vs. Hon. Moises et al. [DISSENTING, BRION, 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

DISSENTING OPINION

BRION, J.:
 
Background

The constitutional challenge before us springs from a single issue: who-between the Governor of the Province of Cebu and the Mayor of Cebu City-has the power to appoint the Board of Directors of the Metro Cebu Water District (MCWD).

The MCWD is a Local Water District (LWD) created under Presidential Decree No. 198, otherwise known as the Provincial Water Utilities Act of 1973. The MCWD services the cities of Cebu, Mandaue, Lapu-Lapu, and Talisay, and the municipalities of Liloan, Compostela, Consolacion, and Cordova - all geographically located within the Province of Cebu.

Since MCWD...