Bacolod’s water district embroiled in leadership dispute
BACOLOD CITY—The water district here is embroiled in a leadership dispute after its board of directors decided to fire its general manager for “loss of confidence,” with the embattled official refusing to step down.
The Bacolod City Water District (Baciwa) took the move on Friday approving a resolution “declaring the expiration of the term of office” of Mona Dia Jardin and approving the appointment on the same day of Michael Soliva as the new acting general manager and concurrent head of Baciwa’s Environment Water Resource Sewerage and Sanitation Management Division.
The resolution was approved by board chair Sonya Verdeflor, vice chair Edgardo Uychiat, and corporate secretary Clarissa Araneta. board members Lorendo Dilag voted against the move while Rich Ann Zayco abstained.
“The term of the general manager depends upon the trust and confidence of the board of directors (BOD) who appointed her, it ends when that trust and confidence is no longer there,” Verdeflor said
The resolution came on the heels of growing public discontent over the service provided by Primewater Infrastructure Corp. (PWIC), with which Baciwa has entered into a joint venture agreement (JVA) in November 2020 with Jardin as signatory on behalf of the water district.
No due process
The board noted that Jardin has not sanctioned or collected penalties from PWIC despite deficiencies, violations, and noncompliances of their obligations as provided for in the JVA, to the detriment of Baciwa.
Baciwa employees whose positions were declared redundant after the JVA were not paid the back wages due to them for the past five years, resulting in various lawsuits filed against the water district, the resolution said.
The resolution also questioned Jardin’s handling of the purchase of a 2-hectare property for a Baciwa Eco-Park from the Sorbito family located in Barangay Alangilan, Bacolod City.
Jardin, however, said she would not step down.
“I am not vacating and will not vacate my position considering that your resolution is illegal, null and void and without any basis both morally and in law,” said Jardin in the letter to the Baciwa board also on Friday.
In her letter, Jardin said her termination came as a surprise as it was never an item in the agenda of the board’s meeting, preventing her from airing her side and defense on the allegations against her.
“Your basis of loss of confidence is not an all-encompassing ground to terminate a government officer, especially a general manager, considering that there must be a formal complaint filed, a notice of hearing, and a formal investigation,” she said in her letter released Sunday.
Jardin said a resolution was not enough to remove a public officer like her who is protected by Civil Service laws.
Valid decision
Jardin said she would rather opt for a formal investigation to be conducted by the Office of the Government Corporate Counsel, after she has received a formal written complaint from the board.
Verdeflor said the board resolution as well as Jardin’s letter were forwarded to the Local Water Utilities Administration, the regulatory body for water districts, for the latter to decide on the matter.
But Verdeflor said their resolution was valid: “The majority of the BOD lost their trust and confidence in her. She had never been transparent to the BOD, never disclosed to the BOD the tremendous problems Baciwa is facing.”
She said Baciwa is facing cases filed by the employees’ union over unpaid back wages, illegal termination of 22 personnel and allegation that retirees were misled about their separation pay, as they were promised a 150-percent benefit for their early retirement incentive program but only received up to 75 percent.
Moreover, Verdeflor said Jardin failed to penalize PWIC even if the company failed to provide clean, potable water as required in the JVA; and only spent P130 million in capital expenditure (capex), or a fraction of its promised P1.6-billion capex.
Verdeflor added Jardin was also asked to submit all records related to the sale of the Sorbito family’s 2-ha property in Bacolod City to Baciwa.
The board questioned why she rushed the purchase, including the full payment of P34 million to the sellers, without first obtaining the required clearances from the Department of Agrarian Reform, the Bureau of Internal Revenue, and the local tax division.
The property was paid in full even though the titles had not been transferred to Baciwa’s name, Verdeflor said.
