Govt lawyer leaves post, ending conflict of interest allegations

MANILA, Philippines - A top government lawyer has concluded his term as a water agency’s temporary chief regulator, ending conflict of interest allegations. Alberto C. Agra, who heads the Office of the Government Corporate Counsel (OGCC), told GMANews.TV that the Metropolitan Waterworks and Sewerage System (MWSS) decided to end his term as the acting head of the agency’s Regulatory Office (RO). However, Agra, a former employee of Maynilad Water Services Inc. (MWSI), still sits as a member of the MWSS Board of Trustees in his capacity as OGCC head. During his ten-month stint, Agra sought a ten-year contract extension for East Zone concessionaire Manila Water Co. Inc. (MWCI) with the intention of cutting rates. However, this proposal was criticized by various officials, saying that it may subject MWSS employees to “criminal and civil suits" since it will be “grossly disadvantageous" to the government and the companies’ customers. Once extended, Manila Water’s contract—originally ending in 2022—would “diminish the MWSS’s opportunity to welcome other operators" which may offer higher concession fees to the government. However, Agra said that the proposal has yet to secure final approval from the National Economic and Development Authority (NEDA), the country’s socio-economic planning body. In a phone interview, Agra said that the MWSS Board arrived at the decision to replace him on June 7. “The [MWSS] board, including myself, decided that I should already move out of the regulatory office," Agra said. “The decision was agreed by board consensus." A "send-off" party in Agra’s honor will be held on Friday, June 13, at the MWSS compound in Quezon City. Replacing Agra is Estrella T. Decena-Zaldivar, currently the deputy administrator for administration and legal affairs of the MWSS Regulatory Office. Starting June 10, Zaldivar will serve as acting Chief Regulator for a month. She will then be replaced by three other deputy administrators who will each occupy the position for 30 days until an appropriate candidate is endorsed by Malacañang's search committee, Agra said. The MWSS-RO’s deputy administrators include Goldelio G. Rivera for financial regulation, Timoteo C. Villaroman for technical regulation, and Melchior I. Acosta Jr. for customer service. The search committee is headed by Bernardino R. Abes, current chairman of the Government Service Insurance System (GSIS). Among the candidates being considered is a certain lawyer named Roey Cancio, who is reportedly the executive assistant of Maguindanao representative Simeon A. Datumanong. For ten months starting August last year, Agra sat as acting head of the MWSS RO. Earlier, sources familiar with the matter said that Agra was prohibited from being MWSS Chief Regulator because he previously worked as a corporate board secretary of Maynilad, a company that he was supposed to regulate. Formerly controlled by the Lopez company, Maynilad distributes water to Metro Manila’s West Zone. Citing a letter addressed to MWSS Board Chairman Oscar I. Garcia, sources said that Agra’s appointment—however temporary—violated the concession agreement between water distribution companies and the government. “The concession agreement entered into by the MWSS and the Concessionaires is explicit that ‘no member of the regulatory office shall have any present or prior affiliations with MWSS or either of the concessionaires,’" the letter said. However, Agra denied that he incurred conflicts of interest since he “was not part of management" nor was a trustee nor director of Maynilad. - Robert JA Basilio Jr., GMANews.TV