Baciwa board chairperson Sonya M. Verdeflor and general manager Mona Dia G. Jardin *
“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.”
That was the reply of Bacolod City Water District General Manager Mona Dia G. Jardin to the BACIWA Board of Directors’ (BOD) resolution on Friday, August 22, declaring the expiration of her term of office due to “loss of confidence.”
Jardin, in a letter to Baciwa board chairperson Sonya M. Verdeflor, vice chairperson Edgardo S. Uychiat, and corporate secretary Clarissa L. Araneta, also on Friday, said she was informed that a resolution was approved by the three of them terminating her and designating Engr. Michael Soliva as acting general manager.
In her letter, a copy of which was furnished to DIGICAST NEGROS by Verdeflor on Sunday, Jardin said her termination came as a surprise as it was never an item on the agenda, preventing her from properly and intelligently 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,” Jardin said.
Jardin said a resolution is not enough to remove a public officer like her who is protected by Civil Service laws.
In her letter, Jardin said she is opting for a formal investigation to be conducted by the Office of the Government Corporate Counsel (OGCC), after she has received a formal written complaint from the board.
The BACIWA manager did not grant an interview but said on Sunday that she will do so in due time.
“We forwarded our board resolutions and her letter to LWUA (Local Water Utilities Administration) for intervention. LWUA is the regulatory body of water districts,” Verdeflor said.
“How can their resolution declaring Jardin’s term over be illegal and null and void when the majority of the BOD passed it?” Verdeflor asked.
“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,” Verdeflor said.
Verdeflor said cases were filed by union employees against Baciwa for not being paid back wages and for the illegal termination of 22 staff members, and that retirees were misled about their separation pay.
Retirees were promised a 150 percent benefit for the Early Retirement Incentive Program (ERIP), but the maximum allowed is only 75 percent, Verdeflor said.
The resolution declaring loss of confidence said Jardin was a signatory to the highly controversial Joint Venture Agreement (JVA) between BACIWA and Primewater Infrastructure Corporation (PWIC). The joint venture began in November 2020.
Jardin did not penalize PWIC, a partner company, for failing to meet its obligations. PWIC failed to provide 24/7 clean, potable water as required by the JVA and its capital expenditures (CAPEX) were only P130 million, far below the promised P1.6 billion, Verdeflor said.
She also said it is not true that the declaration of the expiration of Jardin’s term was not on the board’s agenda.
Verdeflor said Jardin was given notice to answer matters raised against her.
Baciwa Board Resolution No. 057 was passed on August 7, requiring Jardin to submit all records related to the sale of the Sorbito family’s 2-hectare property in Brgy Alangilan, Bacolod City, to Baciwa.
Jardin was requested to submit her reply to the Baciwa BOD within five working days starting August 8, or until August 15, Verdeflor said.
The board questioned why she had 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.
They also noted the property was not transferred to Baciwa’s name. She was given an opportunity to explain her actions, with her legal counsel present, Verdeflor said.
There are many more issues, as seen in the Commission on Audit reports for 2023 and 2024, Verdeflor said.
Baciwa has been placed at a great disadvantage, and its consumers have been suffering, she said.*
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