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The Ombudsman rules that the issues fall beyond its jurisdiction, and that the complainants failed to provide sufficient evidence against the respondents
BACOLOD, Philippines – The Office of the Ombudsman has dismissed a complaint filed against 13 officials of the Bacolod City Water District (BACIWA), the Manny Villar-led Primewater Infrastructure Corporation (Primewater), and the Office of the Government Corporate Counsel.
The administrative complaint was filed by employees affected by a joint venture agreement (JVA) between BACIWA and Primewater in 2020.
In a 14-page decision on September 9, and made public on October 11, Deputy Ombudsman Jose Balmeo Jr. said it found no probable cause to hold the respondents liable for violating the Code of Conduct and Ethical Standards for Public Officials and Employees.
The complaint was filed on behalf of the employees by Leny Rojo-Espina, president of the BACIWA Employees Union (BEU), a group affiliated with the National Federation of Labor Unions (NAFLU)
Espina represents 59 BACIWA employees who rejected an offer to be absorbed by Primewater. They argued that their employment in the water district, which is under the government and protected by RA 6713, should have continued.
They alleged that their services were illegally terminated as a result of the implementation of the joint venture agreement between BACIWA and Primewater.
They also alleged that provisions in the joint venture agreement were disadvantageous to the BACIWA, and that the Anti-Graft and Corrupt Practices Act was violated.
The BACIWA officials included in the complaint were the following:
- Lorenzo Dilag, chairman
- Lawrence Villanueva, director
- Eduardo Ravens, director
- Mona Dia Jardin, former secretary, and now general manager
- Michael Soliva, former acting general manager
- Samuel Penado, assistant general manager for administration
- Jenelyn Gemora, assistant manager for operations
- Rommel Paredes, department manager for pipelines and appurtenances maintenance
- Diana Fe Tan, department manager for administrative services
Also included were:
- Adzra Juljiani, attorney, Office of the Government Corporate Counsel
- Cynthia Javarez, chair, Primewater
- Romeo Sabater, former vice president and business development head, Primewater
- Lily Donasco, branch manager, BACIWA-Primewater
The Ombudsman ruled that the issues fall beyond its jurisdiction. Furthermore, it noted that the complainants failed to provide sufficient evidence to support their case against the respondents.
The Ombudsman said it lacks the jurisdiction to interpret and determine the validity of the JVA provisions. It said that without a court ruling on the legality of the JVA, there is no basis to conclude that the JVA is grossly disadvantageous to the government or that the anti-graft law was violated.
“Wherefore, let the complaint be dismissed,” the Ombudsman ruled.
In an interview with Rappler on Monday, October 14, Jardin described the Ombudsman’s ruling as a gift for BACIWA’s 51st anniversary, celebrated on October 9.
“It’s a sort of redemption. Time and again, these disgruntled union employees have been accusing us – both criminally and administratively – of wrongdoing in entering into this JVA,” she added.
Espina told Rappler that they have yet to receive a copy of the Ombudsman’s decision. Once they obtain it, they plan to discuss it with their legal counsel to determine their next steps. – Rappler.com
