CUC’s Mendiola sticking to his guns

Commonwealth Utilities Corp. board member Martin Mendiola is sticking to his guns, despite receiving formal statements from top officials that his term on the CUC board of directors is over.

Gov. Juan N. Babauta and CUC chair Francisco Q. Guerrero separately wrote Mendiola on Tuesday and Wednesday, respectively, telling the latter that he is no longer a member of the CUC board.

Babauta based his letter on a legal opinion issued by the Attorney General’s Office. Guerrero cited the AGO’s opinion, as well as a new analysis prepared by the CUC board’s legal counsel, Edward Manibusan.

Accordingly, Mendiola was not recognized as a member during a special board meeting yesterday morning. Rather, Laura I. Manglona was allowed to participate in the proceedings and cast votes on behalf of Rota.

In an interview, Mendiola maintained that he will remain the official Rota representative to the CUC board until the court makes a determination. “I have the same right as Laura Manglona until the court decides who between us is the legal Rota member. People should expect me to continue attending board meetings,” he said.

He reiterated that attempts to remove him from the CUC board are politically motivated. “[The people who are trying to get me out of CUC] think I’m just a troublemaker. They think there are instructions I should be following, but I am independent. That’s why they want to get rid of me,” Mendiola said.

He added that he insists on taking the issue to court not so he could stay on the board, but to “expose the political maneuverings and injustice” that his opponents are doing.

“They’re doing these things because they have the power,” he said.

The dispute over the Rota board member seat arose from the administration’s March 1 action naming Manglona as the official Rota representative to the CUC board. Manglona was supposed to replace Mendiola, who was confirmed by the Rota Municipal Council as the new resident director of the Department of Commerce for Rota on Feb. 18, 2005.

Mendiola said, however, that he had the right to continue serving as board member, as he has not been advised by the administration that his seat was vacated when he accepted the position of resident director.

On March 1, assistant attorney general Jeanne H. Rayphand issued a legal opinion finding that a resident director of an executive department may not serve as a member of the CUC board.

Governor Babauta in his March 15 letter to Mendiola said this AGO opinion was his basis for nominating Manglona.

On Wednesday, CUC attorney Edward Manibusan issued a separate legal analysis echoing the AGO’s opinion and contradicting another opinion written earlier by his associate attorney, Robert T. Torres, who had recommended that the administration either secure Mendiola’s resignation or have the AGO seek clarification from the court.

According to Manibusan, the serious issues facing CUC “cannot wait for the attorney general to act to remove Mr. Mendiola. It cannot wait for the court to resolve the conflict presented by Mr. Mendiola.”

Further, Manibusan expressed belief that the court would rule against Mendiola even if the matter is brought to court.

“It is also my opinion that CUC would not be liable to Mr. Mendiola if [he], for whatever reason, bring a suit against CUC. Lastly, CUC would not defend or pay for Mr. Mendiola’s defense in case he brings a suit against CUC or the administration,” Manibusan said.

At the attorney’s suggestion, CUC chair Guerrero told Mendiola in a March 16 letter: “Had the circumstances been different, it would have been a pleasant experience working with you on this board. However, I know that you can appreciate the law and the position that I have taken, based on the legal opinions of our counsel and the attorney general, that your service on the board is concluded.”