KAPWD controversy with the LGU Kapatagan in worst case scenario

 

    

By Jun Enriquez

KAPATAGAN, LANAO DEL NORTE (August 20, 2026) - The Kapatagan Water District (KAPWD) has been a water supply service since 1989, a Government-owned and Controlled Corporation (GOCC) created under Presidential Decree No. 198, as amended. Mr. Clair Grebern U. Elumir nicknamed "Khankhan" is the General Manager (GM) of KAPWD. He was the acting GM in 2017 and became the permanent GM position in 2019. There are about 7,000 water consumers of KAPWD  which have 5,000 consumers in Kapatagan and 2,000 consumers in Maranding, Lala in the province of Lanao del Norte.

GM Elumir said that the KAPWD served the water consumers to address the problems on 24/7 per day. The emerging challenge is to remove him from his position as GM of KAPWD by the LGU of Kapatagan but he is countering the challenges by filing a case to the Ombudsman against the responsible LGU officials. In his affidavit, GM Elumir, Complainant of the case against herein-mentioned respondents conspiring, confederating and mutually helping one another in committing the offenses of Grave misconduct, oppression, grave abuse of authority and conduct prejudicial to the best interest against him, employees and concessioners of KAPWD.

Mr. Clair Grebern U, Elumir, Gen. Mgr of KAPWD

In his affidavit, the respondents of the case are, Firstly, the Municipal Mayor Beth Baguio-Ali, the local Chief Executive of Kapatagan, Lanao del Norte, whose power of appointment over Water District Directors is strictly confined by Section 9 and 12 of P.D. 198; Secondly, the Municipal Vice Mayor Barry Barry Y. Baguio, Presiding officer of the Sangguniang Bayan of Kapatagan, Lanao del Norte; Thirdly, Meralyn Rosales, Public Employment Service Office (PESO) Manager; and lastly, Fourth, Vergie Juliata, Administrative Aide IV of LGU Kapatagan, Lanao del Norte, who are the respondents of the case. GM Elumir filed the said complaint in official capacity as General Manager of KAPWD to protect the corporate autonomy, assets, and service delivery of KAPWD against illegal local executive encroachment.

In addition, Mayor Beth Baguio-Ali is the daughter of Vice Mayor Barry Baguio, living in one roof in Kapatagan, Lanao del Norte. GM Elumir is politically motivated to terminate a certain Nick Reyes KAPWD employee without any basis. Nick Reyes is the brother of Annalyn Reyes-Dimaporo, the political opponent of Mayor Beth Baguio-Ali in 2025 elections with a margin of 161 votes of winning the elections as Mayor. GM Elumir will be held liable for violation of the civil service rules if he will terminate Nick Reyes. He was informed by the KAPWD Board of Directors that they were summoned several times to the house of Mayor Beth and Vice Mayor Barry to remove him (GM Elumir) as General Manager of KAPWD, but the BOD suggested to Vice Mayor Barry Baguio to hold talks with GM Elumir for the misunderstanding to settle the matter. Vice Mayor Barry Baguio is the first cousin of GM Elumir.

In another instance, Mayor Beth Baguio-Ali raised the matters related to the May 2025 elections expressed her political issues directly to GM Elumir for the lack of support in her electoral campaign. It is understood as a clear indication that his continued tenure as GM depended not upon his performance, qualifications or compliance with law, but upon the perception on political loyalty and personal relationships with the respondents.

In view to this, GM Elumir filed his complaint to the Ombudsman against the respondents for Grave Abuse of Authority for their acts of conspiring to arbitrarily remove him without cause in order that the respondents will take over the operation of KAPWD. The KAPWD is composed of 5 Board of Directors (BOD) but 1 seat is vacant, due to the resignation of Dir. Jocelyn N. Orlanes, representing the Business sector, prompting the BOD  Secretary to initiate the prescribe nomination process of a new BOD representing Business sector.

KAPWD Building Office Oprations

In accordance with LWUA rules, four (4) business organizations submitted their nomination to the BOD Secretary, namely, the first nominee is Mr. Josito D. Ababa, nominated by the (1) Makabasakpa Irrigators Association, Inc., (2) AIMCOOP Micro-Unit 2, and (3) The Kapatagan Market Vendors Association. The second nominee is Ms. Buenalita Rañises, Business sector nominee by the (4) Lanao Chamber of Commerce, nominated by one of the Sangguniang Bayan member of LGU Kapatagan, Hon. Claire Joy V. Te. As per the KAPWD Board Secretariat’s Summary report of nominations, she (Rañises) failed to provide and submit copies of mandatory proof, such as DTI registration, Business permit, BIR certificate of Registration.

The Local Government Unit (LGU) requires the 4 members of the BOD to vacate their seats to resign. In addition, the LGU resumes the BOD membership with the same persons to assume their vacated seats together with the new member to fill-up the vacant seat representing the business sector. The four (4) members of the BOD are Dir. Romulo R. Insoy (Civic sector), Dir. Josephine J. Lerasan (Women secotr), Dir. Manolito B. Pactol (Professional sector), and Dir. Rolando M. Mocorro (Education sector). The BODs informed GM Elumir that they were just forced to sign the resignation letter presented to them by Mayor Beth and Vice Mayor Barry, but they have no intention to resign.

In response, The four (4) BOD members of KAPWD reiterated that they later executed a “Joint Manifestation of Withdrawal and Revocation of Purported Resignation” dated April 15, 2026 submitted to the LWUA national office in Quezon City, Manila. The BODs were instructed by the LGU not to attend meeting on April 17, 2026. The scheduled meeting did not push through due to the absence of the BODs.

GM Elumir received the resignation letters of the BODs from the office of the Mayor. Likewise, he sent a letter to Mayor Beth Baguio-Ali that the resignation letters of the BODs cannot be acted upon but still to be reviewed by the LWUA and the KAPWD. They will continue to function as BOD representing their sector with one (1 ) vacant seat representing the business sector. As recommended by the LGU, a certain Ms. Buenalita Rañises, was a nominee of Business sector but disqualified and changed her nomination of appointment to the Education sector to replace Dir. Mocorro was transferred to the Business sector but was not acted upon by the LWUA. In addition, GM Elumir emphasized that on June 3, 2026, LWUA was officially confirmed the appointment of Mr. Josito D. Ababa as a member of the BOD of KAPWD, representing the Business sector.

On June 24, 2026, Vice Mayor Barry Baguio, chairman of the Sangguniang Bayan (SB), invited the KAPWD regarding a hand written petition entitled “Sulat Hangyo” opposing the Maranding Annex Deep Well, which is part of the service area of KAPWD. However, upon verification with Barangay Chairperson Pedrito Sombrino of Maranding, Kapatagan, he denied that there was a complaint/grievance filed at the Barangay Level regarding the operation of the Maranding Annex Deep well as contained in the “Sulat Hangyo”. 

The KAPWD organized a Pre-consultative dialogue scheduled on June 26, 2026. One day before the scheduled dialogue to discuss the petition, notices were personally served to the petitioners, including Barangay Captain Sombrino by KAPWD employee through Mr. Zoren Balili, former councilor and resident of Barangay Maranding, acquainted and identified all individuals who signed the petition. However, No single petitioner who signed the “Sulat Hangyo”attended the dialogue. It causes altercations to some individuals pros and cons of the petition “Sulat Hangyo” signed by 18 petitioners. Therefore, there were about 11 petitioners of the “Sulat Hangyo” who retracted their petition because they don’t know the reasons behind such a petition. In addition, another one signatory of the petition retracted her position unknowingly the reasons behind the said petition that will cause her health in unstable conditions physically and mentally. 

During the Regular session of the Sangguniang Bayan (SB) of Kapatagan, Lanao del Norte, dated June 29, 2026, the BOD members of KAPWD were invited to attend the SB session but in response they did not showed-up during the session.  

A certain Mr. Albert Esguerra, a Barangay Councilor of Maranding, circulated the Petition “Sulat Hangyo” to sign the petition written in the yellow paper and requested the residents to sign it without explaination. Councilor Esguerra admissibly stated to circulate the petition for signing under the instruction of the Mayor.

GM Elumir inquired Dir. Pactol (Professional sector) regarding the voluntariness and true intent behind his resignation. Dir. Pactol openly disclosed that it was his daughter’s decision to file a resignation letter on his behalf, Monet Pactol, an employee of Kapatagan LGU under the supervision of Engr. Jerick D. Orlanes, who signed the nomination paper for Manuel F. Sabillo to replace Dir. Pactol is invalid based on the KAPWD declaration of vacancy based on the PD 198 and LWUA Memorandum circular No. 005-16.  Other forced resignations and nominations by the LGU are invalid to replace the incumbent BODs based on laws, rules and regulations.

GM Elumir sent demand letter to obtained certified copies of documents from the Office of the Secretary of the Sangguniang Bayan concerning the Notice of Termination of the Bulk Water Supply Contract of Kidalos Water Treatment Facility was signed electronically by Mayor Bet Baguio-Ali, affecting the interruption of water supply to thousands of KAPWD concessioners for approximately 10 days. However, there was no SB Resolution authorizing the Mayor to terminate the contract, only the copies of the minutes of SB Regular Session dated March 16, 2026 was received by the KAPWD GM. This indicates the termination was only discuss more than a month after the Mayor already unilaterally terminated the contract, an evidence further disregard the legal procedure and abuse of power that affects thousands of water concessioners disconnected with water supply. The Termination of Contract and minutes of Regular session are attached as evident documents of the case filed in the Ombudsman.

In another concerning issues, the LGU of Kapatagan excluded entirely the KAPWD in participating the 77^th Araw ng Kapatagan Celebration dated July 8, 2026. In previous years, the KAPWD officially participated actively the celebration that includes sports, health services, local civic organizations, cultural, athletic events and exclusion from the civic parade. This situation constitutes acts of Oppression and Harassment under the Civil Service rules and administrative law under P.D. 198.

Accordingly, GM Elumir respectfully submits that PD No. 198 does not expressly vest upon the appointing authority the power to accept the resignation of an incumbent Director or to declare such resignation effective. Mayor Beth Baguio-Ali issued and caused the delivery of three (3) letters accepting their irrevocable resignation addressed to Director Rolando M. Mocorro of the Education sector; Director Manolito B. Pactol of the Professional sector, and Director Josephine J. Lerasan representing the women sector, without any  legal basis. However, the legal significance of the Mayor’s acceptance letters respectfully submitted for determination by the office of the KAPWD.  The BODs of KAPWD convened on July 7, 2026 and decided  to place the nomination in abeyance pending legal guidance from LWUA.

Due to this effect, GM Elumir filed a case of Forum Shopping to the Ombudsman based in Davao City, to protect his dignity and BDOs responsibilities of legitimate services to supply water effectively to water consumers in Kapatagan with 5,000 concessionaires and in Maranding, Lala with 2,000 concessionaires with a total of 7,000 concessioners under the Kapatagan Water District, Kapatagan, Lanao del Norte.

GM Elumir said that pursuant on Section 4 of RA No. 6770, respectfully submitted evidences of filing a complaint against the respondents, Mayor Beth Baguio-Ali, Vice Mayor Barry Baguio; Meralyn Rosales, Manager, Public Employment Service Office (PESO); Vergie Juliata, Administrative Aide IV, all of Kapatagan LGU, who are the respondents of the case which charges of grave misconduct, oppression, grave abuse of authority and conduct prejudicial to the best interest of the service to be ordered dismissal from the public service. (Written and Edited by Jun Enriquez, Digital-Mobile Journalist)