By ERWIN ‘AMBO’ DELILAN
WATER IS LIFE…but not in Bacolod?
Water is now an enigma, dilemma and brouhaha at the Bacolod City Water District (Baciwa).
Why enigma?
Water utility executives are now in a quandary. The Civil Service Commission in Western Visayas (CSC-WV) invalidated the reorganization they’d done in compliance with the 25-year Joint Venture Agreement’s (JVA) requirements with Prime Water Infrastructure Corp. (Prime Water).
CSC-WV, in its Aug. 20, 2021 decision, also ordered the reinstatement of the 60 dismissed workers as executory pending appeal.
Why dilemma?
Members of the Baciwa board are now facing charges before the Office of the Ombudsman just because of the JVA. They were charged with violation of the Anti-Graft and Corrupt Practices Act or Republic Act (RA) 3019. If mishandled, such will haul them to jail.
Why brouhaha?
Because come November this year, water rates in the city will shoot up due to the imposition of the 12 percent value added tax (VAT) as declared by Prime Water. Hence, consumers are expected to misbehave.
Councilor Jun Gamboa tagged this JVA as a “rapist” agreement, silently “molesting” Bacolodnons’ basic and human rights to have access to safe and potable water.
“It’s an anti-people pact which Bacolodnons are bound to burden for the next 25 years.” It’s just for a song” and all roads now lead to the privatization of Baciwa, explains Gamboa.
The Baciwa board simply handed over Baciwa to Prime Water and not that Prime Water took over Baciwa, simplifies the councilor.
“They simply created a doomsday scenario, projecting Baciwa as ‘ill’ or ‘brain dead’ by reportedly having downed efficiency, performance, customers’ satisfaction and productivity.”
Then, everything follows smoothly, Gamboa reckons.
The Commission on Audit (COA), however, seems to be on alert, too, regarding the agreement. It started to question the legality of the JVA. In its December 2020 report, COA stressed the said JVA didn’t serve to protect and safeguard the interest of the public.
So, Gamboa, an anti-JVA crusader, believes such pact is up for nullification soonest.
TEARS BEYOND COMPENSATION
But what catches my attention is the “bluest” fate of the 60 employees. They were dismissed on the legal premise of redundancy of positions. As consolation, they were asked to re-apply but no assurance to be rehired. Lots of things shall be considered, including the shadow of “unionism” behind their back.
What a “fun fact” anyways!
But amidst struggles, discouragements, insults, threats, and belittling, still these employees continue to fight “come hell or high water”. They weren’t dwarfed by different forms of intimidation even though they’re fighting “against the wall”. In fact, they’ve already tasted their first “sweet” victory courtesy of the CSC-WS.
The CSC stressed the Baciwa Board “failed to show adequate and convincing proof that the reduction of workforce and termination of workers were necessary.”
It also underlined Baciwa’s culpable violation of the security of tenure in government service of these employees. Explained by the CSC, the JVA can’t invalidate Baciwa’s charter, thus, the reorganization of workforce was illegal per se.
On record, Baciwa was created by virtue of the Presidential Decree (PD) 198 and was implemented by virtue of City Council Resolution No. 4460, series of 1973.
‘DILLY DALLY’
Employees’ victory, however, was just short-live. The Board filed a motion for reconsideration (MR) on the CSC’s recent order.
Gamboa regarded such move as “dilly dallying” by the Baciwa board “to appease their pride”. Short to say, an “amor propio” of the Board.
Gamboa adds, “The JVA is now taking a toll on people who masterminded such.”
“May katapusan gid ni,” he assures. He believes “gaba” is real. “And it’ll really happen soon!”
LANGUAGE OF GRIEF
Well, I can’t imagine how these dismissed employees cope with the current health pandemic in spite of having no monthly income. I don’t know how they shed tears in these trying times.
I know that their tears are the language of grief. And the Bible says the tears of the oppressed really travel to heaven.
Just imagine that they’d won yet they remain in an agony still. The MR filed by the Baciwa board is their newest cross to carry. What if the case will drag up to the Supreme Court? Or we’ll be resolved in five to 10 years? Gosh, this is too much! Unimaginable! Unthinkable! Pitiable! Are they “sacrificial lambs” for the controversial JVA?
I hope not. Praying then that humane consideration will reign among Baciwa executives. The Board has to remember that amidst legal confusion, the spirit of the law will always prevail over the letter of the law.
POLITICS BEHIND?
In the present set-up under the JVA, Baciwa has only around 20 people retained to be part of the Contract Monitoring Unit (CMU). The rest of the current workforce is hired by Prime Water.
But Gamboa and Atty. Cesar Beloria, one of the counsels aiding the workers, believe Mayor Bing Leonardia is still the “potent key” to resolve the mess. Everything in this case, underscores the duo, boils down to politics. They confide that almost all of the members of the Baciwa board are mayor’s appointees.
“So, whatever Mayor Bing will say, thy will be done.”
But the question is: Will Prime Water accept these employees back to Baciwa?
ENLIGHTENMENT
Beloria admits the case is tedious. It may reach the High Tribunal.
But he believes on spiritual enlightenment that may lead to a peaceful conclusion.
“I saw their struggles. And it pains me,” shares Beloria. “And that inspires me to go on helping them because of their will and determination to fight ‘till the end.”
Having a positive mindset also keeps them alive, still kicking and going, leading to a “magnanimous” victory sooner, relates Beloria.
‘PAKAGAT’ PORTION
Another thing to watch for is the “pakagat” portion for dismissed workers. Under the JVA, there’s an additional of 250 percent hike on retirement package.
It’s on top of the usual 150 percent increase (per Baciwa’s collective negotiation agreement or CAN) on the total amount to be received by each worker under the firm’s Early Retirement Incentives Program (ERIP).
In sum, there will be a “whooping” 400 percent increase for the separation pay that each dismissed worker.
But Gamboa says, “it’s just a bait!” The huge amount to be received by the dismissed workers will still be passed on to the consumers thru unbundled billings later.
“This pakagat, therefore, is another palas-anon sang mga Bacolodnon,” he says.
What a serious accusation, but now I know. The JVA issue is quite broad and complex, so, tricky. It needs thorough deciphering both on the technical and legal ingredients.
At one sitting, it’s really hard to grasp the very gist of the matter. No ordinary man can easily understand the dealings. Everything that the consumers can only hear is the “noble intentions” of JVA – to upgrade the system and to deliver quality water.
Lo and behold, there might something hidden beneath the “cloak of darkness”. And Beloria fears this something might transform into a “vampire” ready to rampage in broad daylight.
I wish not! I just hope that with the current mess in Baciwa, public interest will prevail over vested interest – no more, no less!/PN
