"IT’S a big victory for all the government employees and we are thankful to the Civil Service Commission (CSC) for reinstating the 60 employees of Bacolod City Water District (Baciwa) who were terminated by the water district after their joint venture agreement with the PrimeWater Infrastructure Corp. (PrimeWater)."
This was stressed by Councilor Wilson Gamboa Jr., convenor of Amlig Tubig, on Thursday, August 26, after the CSC ordered the Baciwa to reinstate 60 employees terminated after the water district entered a 25-year joint venture agreement with the Villar-owned PrimeWater.
The CSC's decision dated August 20, 2021 signed by Western Visayas Director Nelson Sarmiento stated that terminated employees shall be reinstated without loss of seniority and shall be entitled to full pay from the time of their separation until actual reinstatement.
Gamboa said the CSC's decision is final and executory and it is expected that Baciwa-PrimeWater will follow the order.
"The Baciwa-PrimeWater can appeal, but they have to execute the order of the CSC," he said.
He added that Baciwa-PrimeWater should pay the terminated employees using their own money and not to pass it to the consumers.
On December 29, 2020, Engineer Michael Soliva, acting general manager of Baciwa, issued Office Order 2020-081, informing 60 employees that they had been declared "redundant" by the board and were, therefore, being terminated from their jobs effective last working hour of December 31, 2020.
Gamboa said the Chairman of the Board of Directors (BOD) of Baciwa Lorendo Dilag together with the members earlier cited that they terminated the employees because they are "redundant" as per Board Resolution 172 Series of 2020 dated December 23, 2020.
He said only the CSC can issue an order of termination and not the BOD of Baciwa.
"Clearly, the order of termination of the Board over these 60 Baciwa employees is an 'abuse of Authority.' Ironically, the BODs' mandate as public servants is imbued with public trust supposedly to protect the interest of the public, the government, and the rights of employees and workers. They, however, are the very people who trampled on these very rights," he added.
Dilag earlier justified that the termination of the said employees is not illegal, and has an opinion from the Office of the Government Corporate Counsel and employees were informed several times before their positions were declared redundant.
Dilag said Baciwa offered two options by applying for employment by PrimeWater or an early retirement incentive plan.
For her part, Lenny Espina, president of the Baciwa Employees Union (BEU), said they were happy that finally, CSC released its decision for reinstating them.
She said the CSC's decision proved that Baciwa made a mistake for terminating them.
"We are fighting for our rights and we proved that Baciwa made a mistake. Our victory will also serve as an example to other water districts in the country," she added.
Espina noted that nine of the terminated workers had accepted the Baciwa's offer due to their economic situation.
Espina said the Baciwa's BODs, who were part of the negotiation, should resign from their posts, but they should address first the complaints of the concessioners.
Baciwa-PrimeWater could not be reached for comment as of Thursday, August 26.
Gamboa said in previous months, the terminated employees also filed a case against the BOD while the Amlig Tubig, an alliance of concerned water consumers, also filed an appeal before the Court of Appeals (CA) for the termination of the Joint Venture Agreement between the Baciwa and Primewater Infrastructure Inc.
He said they earlier received the Commission on Audit (COA)-National findings that the Joint Venture Agreement between the two parties committed violations on the provisions of the contract.
"COA found significant audit observation and recommendations that question the legality of the contract," he added.
On November 11, 2020, the Regional Trial Court in Bacolod City dismissed the Instant Petition for the Declaratory Relief and Declaration of the Nullity of the Joint Venture Agreement between Baciwa and Primewater Infrastructure Inc. for failure to state a cause of action.
The petition was filed by Gamboa.