Baciwa GM sacked for loss of confidence, claims illegal dismissal
JARDIN (Jurgen Junsay screengrab)
BACOLOD CITY – "I will not vacate my position."
Thus said Bacolod City Water District (Baciwa) General Manager Mona Dia Jardin after she was removed by the Baciwa Board due to alleged “loss of confidence.”
Jardin said the move was done without due process, and called the resolution illegal, null, and void.
“I was not heard and even investigated,” Jardin said, adding that there was no formal complaint or notice against her.
The Baciwa Board, during their 16th regular meeting on Aug. 22, passed a resolution declaring the expiration of the term of office of Jardin on the ground of “loss of confidence.”
“This really came as a surprise with all I’ve done for Baciwa,” Jardin said in a press briefing on Wednesday, Aug. 27, five days after she was removed.
The resolution cited Jardin’s failure to penalize or sanction PrimeWater Infrastructure Corp. (PWIC) for violations under the Joint Venture Agreement (JVA) and the failure to pay back wages to redundant employees displaced by the JVA, resulting in multiple lawsuits.
Baciwa appointed Engr. Michael Soliva as acting general manager and concurrent environment water resource sewerage and sanitation management division head.
Three of the five board members signed in favor of the resolution—Chairperson Sonya Verdeflor, Edgardo Uychiat, and Clarissa Araneta. Board member Lorendo Dilag voted against it, while Rich Ann Zayco abstained.
Jardin responded in a letter asserting she would not step down, arguing that she was not given a chance to explain her side, no formal complaint was filed, and that a proper investigation is legally required before termination, especially under Civil Service laws.
“May I please inform you that 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,” Jardin said.
She said that the proposed termination was never an item in the agenda, preventing her from airing properly and intelligently her side/defenses, as regards to the allegations.
She requested a formal probe by the Office of the Government Corporate Counsel (OGCC).
Jardin furnished a letter-reply to all Baciwa employees, CSC, Local Water Utilities Administration (LWUA), Mayor Greg Gasataya, and Rep. Albee Benitez.
Jardin said that she had recommended penalties and even pre-termination of the JVA with PrimeWater due to their violations, but it was up to the Board to decide, who told her to wait for the pronouncement of President Ferdinand R. Marcos Jr.
“Why would they ground me for loss of confidence when I was just implementing their decisions?” she asked.
On the issue of redundant employees, Jardin said 59 chose not to transfer to PrimeWater, and the matter is now with the Insurance Commission and Court of Appeals.
Despite being barred from Baciwa premises, Jardin says she will continue reporting for work, insisting she remains the rightful general manager and plans to pursue legal remedies.
“I acknowledge that my position is at the pleasure of the Board. I will leave if the removal was done in a proper way, not by treating me like this,” she said.
Appointed in May 2022, she contends her term should run until 2028, unless terminated lawfully.
She said that she never questioned the decision of the Board. But she considered this as harassment because she was not given due process.
“I respect Baciwa as my workplace, and this fight is for Baciwa and those general managers who have similar situations,” she added.
Gasataya refrained from intervening, saying the issue is internal and should be resolved by Baciwa. He said that he only learned about it when it was announced in the media.
“Baciwa should resolve the issue internally. We are hoping whatever the Board’s decision should ultimately improve water services in the city,” he said.