THE Board of Directors of Bacolod City Water District (Baciwa) approved on Monday a resolution affirming the Civil Service Commission (CSC) decision ordering the reinstatement of lawyer Juliana Carbon as general manager of Baciwa.
Lawyer Lorendo Dilag, chairman of the Baciwa Board, said they unanimously approved that Carbon will be reinstated to her post, provided she submits the necessary clearances from the Department of Justice (DOJ), her current employer, prior to her actual assumption and installation to office.
“We must abide by the decision of the CSC,” he said.
The CSC had earlier ordered the reinstatement of Carbon after invalidating the appointment of current general manager Mario Macatangay.
The decision promulgated on July 12, 2017 ordered the payment of Carbon’s back salaries starting August 18, 2015 until her actual reinstatement is affirmed. Consequently, the appointment dated December 1, 2015 of Macatangay as general manager is invalidated, it stated.
Dilag recalled that the case was filed by Carbon against the members of the Baciwa Board for constructive dismissal.
He said when the CSC’s decision was received by Macatangay, he filed a case before the Court of Appeals (CA) in Cebu City for temporary restraining order for status quo ante.
In his letter to Dilag, Macatangay’s lawyer Eldrid Antiquera said his client is vehemently opposing the reinstatement of Public Prosecutor Carbon considering that he has filed a petition entitled: Macatangay vs CSC Carbon for certoriari and injunction with prayer for temporary restraining order and status quo ante order with the CA, Cebu City.
He added that this should be until the issue of the legality of the CSC decision is resolved by the courts of law and appropriate clearances for transfer of Carbon is approved by the DOJ.
“It is our position that she cannot reinstated to the said position at Baciwa,” he added.
Dilag said the Baciwa formally received a copy of the CSC decision on July 21, 2017, and the 15-day period for the decision to become final and executory lapsed last Saturday.
He said that Carbon manifested her desire to be installed, and last week they asked the DOJ in Iloilo City whether there is a need for Carbon to secure clearance from the DOJ before she can start working at Baciwa again.
Baciwa’s lawyers sent to Iloilo City confirmed that there’s a need for Carbon to secure clearance from the DOJ.
Dilag said Macatangay yesterday filed a leave of absence for two weeks and Engineer Samuel Penado, assistant general manager of administration, was assigned as officer-in-charge of Baciwa until Carbon is properly installed.
He said Baciwa will also pay the back salaries of Carbon, which is under the provision of the law, and it will not affect the current water rates of the consumers.
Carbon is expected to report to Baciwa on August 22.
