THE Bacolod City Water District (Baciwa) will avail itself of appropriate legal remedies to question the decision of the Civil Service Commission (CSC).
The Baciwa Board said in a statement that they stand firm with the decision to declare redundancy the said positions.
On August 26, 2021, Baciwa received a copy of the decision dated August 20, 2021 of the CSC, directing the reinstatement of former Baciwa employees whose positions were declared redundant through Baciwa Resolution 172, series of 2020.
Baciwa intends to avail itself of the appropriate legal remedies provided in the 2017 Rules on Administrative Cases in Civil Cases of the CSC and hence, the decision of the CSC is not yet final and executory.
Baciwa also stands firm with its decision to declare the positions of the former Baciwa employees redundant through Baciwa Resolution 172, the Board stated.
Board Resolution 172 was issued pursuant to the reorganization brought about by the Joint Venture Agreement (JVA) between Baciwa and Primewater Infrastructure Corp.
The execution of the JVA is necessary to address the priority issues of Baciwa identified as early as 2016.
In May 2018, the Board of Directors of Baciwa created the Joint Venture Selection Committee (JVSC) for the unsolicited proposals submitted by Metro Pacific Water Investments Corporation, Primewater and the consortium of Manila Water Company Inc., Manila Water Philippine Ventures Inc. and Tubig Pilipinas.
Baciwa Employee Union-National Federation of Labor Union (Union) was a regular observer in all meetings of the JVSC. Union representatives attended 32 out of the 39 JVSC meetings, wherein the contents of the JVA were extensively discussed.
Baciwa also explained through a series of consultations and general assemblies, among others, to the Baciwa employees that they have the option to be absorbed by Primewater or avail of the early retirement benefits.
Almost 400 employees chose to be either absorbed by Primewater or retire with benefits, the board further cited.
It must be noted a number of Baciwa employees who appealed to the CSC has voluntarily retired from Baciwa, accepted the retirement benefits, and executed waiver, release, and quitclaims in favor of Baciwa and Primewater.
Baciwa also complied with opinions from the Office of the Government Corporate Counsel, its statutory legal counsel, in declaring redundancy. Thus, Baciwa has complied with all applicable legal requirements in issuing Board Resolution 172, Series of 2021.
As ordered by the CSC-Western Visayas, quoting Section 114, Rule 22 of the 2017 Rules on Administrative Cases in the Civil Service (RACCS) which provides as follows:
“Section 114. Execution of CSC RO Decisions. The decisions of the CSC ROs shall be immediately executory after 15 days from receipt thereof, unless a motion for consideration or a petition for review is reasonably filed with the Commission, in which case the execution of the decision shall be held in abeyance,” the board stressed.