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[av_heading heading=’CSC insists Carbon is Baciwa manager ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY MAE SINGUAY
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BACOLOD City – Juliana Carbon is the general manager (GM) of the Bacolod City Water District (Baciwa), the Civil Service Commission (CSC) Region 6 insisted.
The CSC denied the motion for reconsideration the Office of the Government Corporate Counsel (OGCC) filed against its June 23, 2016 ruling reinstating Carbon and invalidating Macario Macatangay’s appointment as her replacement.
The OGCC — representing the Baciwa Board of Directors (BOD) — wanted Macatangay back as GM. But the CSC said “the subject position (GM) is not vacant in view of Carbon’s reinstatement to the service.”
Macatangay’s appointment “was issued in violation of the prohibition provided in Section 5, Rule VII of the Omnibus Rules Implementing Book V of Executive Order No. 292 and Section 13, Rule XIII of CSC Memorandum Circular No. 40, series of 1998.”
Macatangay was “prohibited from being appointed to any position in Baciwa within one year after his designation as [interim] GM ended on Aug. 27, 2015,” the commission said in the order dated Sept. 20, 2016.
Carbon hauled the BOD to the CSC for her “constructive dismissal” in August 2014.
The BOD suspended Carbon for “loss of trust and confidence, dishonesty, fraud, negligence, insubordination, and grave misconduct.”
Amid the management conflict the Local Water Utilities Administration (LWUA) assigned Macatangay as interim GM. He was appointed full-fledged GM on Dec. 1, 2015.
Carbon appealed before the CSC the BOD Resolution No. 135 dated June 11, 2015 requesting the LWUA to extend Macatangay’s designation as IGM for another year; BOD Resolution No. 146 dated July 14, 2015 accepting and approving Carbon’s voluntary retirement; and the letter dated July 15, 2015 of Ma. Aida Torre, BOD chairperson, notifying Carbon that her application for voluntary retirement has been approved.
On June 23, 2016 the CSC ruled these were “considered not in order.” Aside from reinstating Carbon and invalidating Macatangay’s appointment, it also ordered the BOD to pay her back wages starting Aug. 18, 2015 until her actual reinstatement.
In their motion, OGCC’s Assistant Government Corporate Counsel Dominador Isidoro Jr. and Government Corporate Attorney Marlito Odosis claimed Carbon was appointed prosecutor in the Department of Justice and should be considered to have abandoned her appeal.
Carbon’s appointment and acceptance of another position during the pendency of an appeal was not considered an abandonment of the position that was the subject of appeal, the CSC ruled.
“The employee has the right to live [and] earn a living while her appeal is pending and she is prevented from performing her functions and receiving the corresponding salary,” said the commission.
Prohibiting Carbon from accepting another position during the period “would unjustly compel her to bear the consequences of an illegal act not attributed to her,” it added.
Upholding its June ruling, the CSC said the OGCC “has not offered any adequate argument to merit reversal of the decision.”
“The MR (motion for reconsideration) … [filed] on behalf of Baciwa is denied,” said the commission.
Reached for comment, Macatangay said, “I cannot comment because any comment from me would be self-serving.”
Carbon was not immediately available for comment as of this writing. Previously she also refused to comment on the CSC Region 6’s June 23, 2016 ruling./PN
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