Professional Documents
Culture Documents
Lokin Jr. vs COMELEC, 621 SCRA 385 Following the close of the polls, or on June 20, 2007, Villanueva sent
a letter to COMELEC Chairperson Benjamin Abalos,7 transmitting
EN BANC therewith the signed petitions of more than 81% of the CIBAC
members, in order to confirm the withdrawal of the nomination of
Lokin, Tugna and Galang and the substitution of Borje. In their
G.R. Nos. 179431-32 June 22, 2010
petitions, the members of CIBAC averred that Lokin and Tugna were
not among the nominees presented and proclaimed by CIBAC in its
LUIS K. LOKIN, JR., as the second nominee of CITIZENS BATTLE proclamation rally held in May 2007; and that Galang had signified
AGAINST CORRUPTION (CIBAC),Petitioner, his desire to focus on his family life.
vs.
COMMISSION ON ELECTIONS and the HOUSE OF
On June 26, 2007, CIBAC, supposedly through its counsel, filed with
REPRESENTATIVES, Respondents.
the COMELEC en banc sitting as the National Board of Canvassers a
motion seeking the proclamation of Lokin as its second
x - - - - - - - - - - - - - - - - - - - - - - -x nominee.8 The right of CIBAC to a second seat as well as the right of
Lokin to be thus proclaimed were purportedly based on Party-List
G.R. No. 180443 Canvass Report No. 26, which showed CIBAC to have garnered a
grand total of 744,674 votes. Using all relevant formulas, the motion
LUIS K. LOKIN, JR., Petitioner, asserted that CIBAC was clearly entitled to a second seat and Lokin
vs. to a proclamation.
COMMISSION ON ELECTIONS (COMELEC), EMMANUEL JOEL J.
VILLANUEVA, CINCHONA C. GONZALES and ARMI JANE R. The motion was opposed by Villanueva and Cruz-Gonzales.
BORJE, Respondents.
Notwithstanding Villanueva’s filing of the certificate of nomination,
DECISION substitution and amendment of the list of nominees and the
petitions of more than 81% of CIBAC members, the COMELEC failed
BERSAMIN, J.: to act on the matter, prompting Villanueva to file a petition to
confirm the certificate of nomination, substitution and amendment
of the list of nominees of CIBAC on June 28, 2007.9
The principal question posed in these consolidated special civil
actions for certiorari and mandamus is whether the Commission on
Elections (COMELEC) can issue implementing rules and regulations On July 6, 2007, the COMELEC issued Resolution No.
(IRRs) that provide a ground for the substitution of a party-list 8219,10 whereby it resolved to set the matter pertaining to the
nominee not written in Republic Act (R.A.) No. 7941, 1 otherwise validity of the withdrawal of the nominations of Lokin, Tugna and
known as the Party-List System Act, the law that the COMELEC Galang and the substitution of Borje for proper disposition and
thereby implements. hearing. The case was docketed as E.M. No. 07-054.
Common Antecedents In the meantime, the COMELEC en banc, sitting as the National
Board of Canvassers, issued National Board of Canvassers (NBC)
Resolution No. 07-60 dated July 9, 200711 to partially proclaim the
The Citizens’ Battle Against Corruption (CIBAC) was one of the following parties, organizations and coalitions participating under
organized groups duly registered under the party-list system of the Party-List System as having won in the May 14, 2007 elections,
representation that manifested their intent to participate in the May namely: Buhay Hayaan Yumabong, Bayan Muna, CIBAC, Gabriela
14, 2007 synchronized national and local elections. Together with its Women's Party, Association of Philippine Electric Cooperatives,
manifestation of intent to participate,2 CIBAC, through its president, Advocacy for Teacher Empowerment Through Action, Cooperation
Emmanuel Joel J. Villanueva, submitted a list of five nominees from and Harmony Towards Educational Reforms, Inc., Akbayan! Citizen's
which its representatives would be chosen should CIBAC obtain the Action Party, Alagad, Luzon Farmers Party, Cooperative-Natco
required number of qualifying votes. The nominees, in the order Network Party, Anak Pawis, Alliance of Rural Concerns and Abono;
that their names appeared in the certificate of nomination dated and to defer the proclamation of the nominees of the parties,
March 29, 2007,3 were: (1) Emmanuel Joel J. Villanueva; (2) herein organizations and coalitions with pending disputes until final
petitioner Luis K. Lokin, Jr.; (3) Cinchona C. Cruz-Gonzales; (4) resolution of their respective cases.
Sherwin Tugna; and (5) Emil L. Galang. The nominees’ certificates of
acceptance were attached to the certificate of nomination filed by
CIBAC. The list of nominees was later published in two newspapers The COMELEC en banc issued another resolution, NBC Resolution
of general circulation, The Philippine Star News4 (sic) and The No. 07-72 dated July 18, 2007,12 proclaiming Buhay Hayaan
Philippine Daily Inquirer.5 Yumabong as entitled to 2 additional seats and Bayan Muna, CIBAC,
Gabriela Women's Party, and Association of Philippine Electric
Cooperatives to an additional seat each; and holding in abeyance
Prior to the elections, however, CIBAC, still through Villanueva, filed the proclamation of the nominees of said parties, organizations and
a certificate of nomination, substitution and amendment of the list coalitions with pending disputes until the final resolution of their
of nominees dated May 7, 2007,6 whereby it withdrew the respective cases.
nominations of Lokin, Tugna and Galang and substituted Armi Jane
R. Borje as one of the nominees. The amended list of nominees of
CIBAC thus included: (1) Villanueva, (2) Cruz-Gonzales, and (3) Borje. With the formal declaration that CIBAC was entitled to an additional
seat, Ricardo de los Santos, purportedly as secretary general of
CIBAC, informed Roberto P. Nazareno, Secretary General of the
House of Representatives, of the promulgation of NBC Resolution
3. Armi Jane R. Borje (c) Whether or not Section 13 of Resolution No. 7804 is
unconstitutional and violates the Party-List System Act;
SO ORDERED. and
The COMELEC en banc explained that the actions of Villanueva in his (d) Whether or not the COMELEC committed grave abuse
capacity as the president of CIBAC were presumed to be within the of discretion amounting to lack or excess of jurisdiction in
scope of his authority as such; that the president was charged by approving the withdrawal of the nominees of CIBAC and
Section 1 of Article IV of the CIBAC By-Laws to oversee and direct the allowing the amendment of the list of nominees of CIBAC
corporate activities, which included the act of submitting the party's without any basis in fact or law and after the close of the
manifestation of intent to participate in the May 14, 2007 elections polls, and in ruling on matters that were intra-corporate in
as well as its certificate of nominees; that from all indications, nature.
Villanueva as the president of CIBAC had always been provided the
leeway to act as the party's representative and that his actions had Ruling
always been considered as valid; that the act of withdrawal,
although done without any written Board approval, was
The petitions are granted.
accomplished with the Board’s acquiescence or at least
understanding; and that the intent of the party should be given
paramount consideration in the selection of the nominees. A
The Court has jurisdiction over the case
As a result, the COMELEC en banc proclaimed Cruz-Gonzales as the
official second nominee of CIBAC.14 Cruz-Gonzales took her oath of The COMELEC posits that once the proclamation of the winning
office as a Party-List Representative of CIBAC on September 17, party-list organization has been done and its nominee has assumed
2007.15 office, any question relating to the election, returns and
qualifications of the candidates to the House of Representatives falls
under the jurisdiction of the HRET pursuant to Section 17, Article VI
Precís of the Consolidated Cases
of the 1987 Constitution. Thus, Lokin should raise the question he
poses herein either in an election protest or in a special civil action
In G.R. No. 179431 and G.R. No. 179432, Lokin seeks through for quo warranto in the HRET, not in a special civil action for
mandamus to compel respondent COMELEC to proclaim him as the certiorari in this Court.
official second nominee of CIBAC.
We do not agree.
In G.R. No. 180443, Lokin assails Section 13 of Resolution No. 7804
promulgated on January 12, 2007;16 and the resolution dated
An election protest proposes to oust the winning candidate from
September 14, 2007 issued in E.M. No. 07-054 (approving CIBAC’s
office. It is strictly a contest between the defeated and the winning
withdrawal of the nominations of Lokin, Tugna and Galang as
candidates, based on the grounds of electoral frauds and
CIBAC’s second, third and fourth nominees, respectively, and the
irregularities, to determine who between them has actually
substitution by Cruz-Gonzales and Borje in their stead, based on the
obtained the majority of the legal votes cast and is entitled to hold
right of CIBAC to change its nominees under Section 13 of Resolution
the office. It can only be filed by a candidate who has duly filed a
No. 7804).17 He alleges that Section 13 of Resolution No. 7804
certificate of candidacy and has been voted for in the preceding
expanded Section 8 of R.A. No. 7941.18the law that the COMELEC
elections.
seeks to thereby implement.
The authority to make IRRs in order to carry out an express Section 8 of R.A. No. 7941 reads:
legislative purpose, or to effect the operation and enforcement of a
law is not a power exclusively legislative in character, but is rather Section 8. Nomination of Party-List Representatives.-Each registered
administrative in nature. The rules and regulations adopted and party, organization or coalition shall submit to the COMELEC not
promulgated must not, however, subvert or be contrary to existing later that forty-five (45) days before the election a list of names, not
statutes. The function of promulgating IRRs may be legitimately less than five (5), from which party-list representatives shall be
exercised only for the purpose of carrying out the provisions of a chosen in case it obtains the required number of votes.
law. The power of administrative agencies is confined to
implementing the law or putting it into effect. Corollary to this is
A person may be nominated in one (1) list only. Only persons who
that administrative regulation cannot extend the law and amend a
have given their consent in writing may be named in the list. The list
legislative enactment. It is axiomatic that the clear letter of the law
shall not include any candidate of any elective office or a person
is controlling and cannot be amended by a mere administrative rule
who has lost his bid for an elective office in the immediately
issued for its implementation. Indeed, administrative or executive
preceding election. No change of names or alteration of the order of
acts shall be valid only when they are not contrary to the laws or the
nominees shall be allowed after the same shall have been submitted
Constitution.27
to the COMELEC except in cases where the nominee dies, or
withdraws in writing his nomination, becomes incapacitated in
To be valid, therefore, the administrative IRRs must comply with the which case the name of the substitute nominee shall be placed last
following requisites to be valid:28 in the list. Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list system shall not
1. Its promulgation must be authorized by the Legislature; be considered resigned.
2. It must be within the scope of the authority given by the The provision is daylight clear. The Legislature thereby deprived the
Legislature; party-list organization of the right to change its nominees or to alter
the order of nominees once the list is submitted to the COMELEC,
3. It must be promulgated in accordance with the except when: (a) the nominee dies; (b) the nominee withdraws in
prescribed procedure; and writing his nomination; or (c) the nominee becomes incapacitated.
The provision must be read literally because its language is plain and
free from ambiguity, and expresses a single, definite, and sensible
4. It must be reasonable.
meaning. Such meaning is conclusively presumed to be the meaning
that the Legislature has intended to convey. Even where the courts
The COMELEC is constitutionally mandated to enforce and should be convinced that the Legislature really intended some other
administer all laws and regulations relative to the conduct of an meaning, and even where the literal interpretation should defeat
election, a plebiscite, an initiative, a referendum, and a recall. 29 In the very purposes of the enactment, the explicit declaration of the
addition to the powers and functions conferred upon it by the Legislature is still the law, from which the courts must not
Constitution, the COMELEC is also charged to promulgate IRRs depart.34 When the law speaks in clear and categorical language,
implementing the provisions of the Omnibus Election Code or other there is no reason for interpretation or construction, but only for
laws that the COMELEC enforces and administers.30 application.35Accordingly, an administrative agency tasked to
implement a statute may not construe it by expanding its meaning
The COMELEC issued Resolution No. 7804 pursuant to its powers where its provisions are clear and unambiguous.36
under the Constitution, Batas Pambansa Blg. 881, and the Party-List
System Act.31 Hence, the COMELEC met the first requisite. The legislative intent to deprive the party-list organization of the
right to change the nominees or to alter the order of the nominees
The COMELEC also met the third requisite. There is no question that was also expressed during the deliberations of the Congress, viz:
Resolution No. 7804 underwent the procedural necessities of
publication and dissemination in accordance with the procedure MR. LAGMAN: And again on Section 5, on the nomination of party
prescribed in the resolution itself. list representatives, I do not see any provision here which prohibits
or for that matter allows the nominating party to change the
Whether Section 13 of Resolution No. 7804 was valid or not is thus nominees or to alter the order of prioritization of names of
to be tested on the basis of whether the second and fourth nominees. Is the implication correct that at any time after
requisites were met. It is in this respect that the challenge of Lokin submission the names could still be changed or the listing altered?
against Section 13 succeeds.
MR. ABUEG: Mr. Speaker, that is a good issue brought out by the
As earlier said, the delegated authority must be properly exercised. distinguished Gentleman from Albay and perhaps a perfecting
This simply means that the resulting IRRs must not be ultra vires as amendment may be introduced therein. The sponsoring committee
to be issued beyond the limits of the authority conferred. It is basic will gladly consider the same.
that an administrative agency cannot amend an act of
Congress,32 for administrative IRRs are solely intended to carry out,
SO ORDERED.
The insertion of the new ground was invalid. An axiom in
administrative law postulates that administrative authorities should
not act arbitrarily and capriciously in the issuance of their IRRs, but 2. Fortune Life Insurance Company, Inc. vs COA Proper; COA
must ensure that their IRRs are reasonable and fairly adapted to Regional Office No. IV-Western Visayas; Audit Group LGS-
secure the end in view. If the IRRs are shown to bear no reasonable B, Province of Antique; and Provincial Government of
relation to the purposes for which they were authorized to be Antique, G.R. No. 213525, January 27, 2015
issued, they must be held to be invalid and should be struck down.45
EN BANC
F
Effect of partial nullity of Section 13 of Resolution No. 7804 G.R. No. 213525 January 27, 2015
RESOLUTION Ruling
BERSAMIN, J.: We deny the motion for reconsideration for being without merit.
Antecedents
The claim is unwarranted. The petitioner obviously ignores that
Section 13, Rule 13 of the Rules of Court concerns two types of proof
Respondent Provincial Government of Antique (LGU) and the of service, namely: the affidavit and the registry receipt, viz: Section
petitioner executed a memorandum of agreement concerning the 13. Proof of Service. – x x x. If service is made by registered mail,
life insurance coverage of qualified barangaysecretaries, treasurers proof shall be made by such affidavit and the registry receipt issued
and tanod, the former obligating ₱4,393,593.60for the premium by the mailing office. The registry return card shall be filed
payment, and subsequently submitting the corresponding immediately upon its receipt by the sender, or in lieu thereof the
disbursement voucher to COA Antique for pre-audit.4 The latter unclaimed letter together with the certified or sworn copy of the
office disallowed the payment for lack of legal basis under Republic notice given by the postmaster to the addressee. Section 13 thus
Act No. 7160 (Local Government Code). Respondent LGU appealed requires that if the service is done by registered mail, proof of
but its appeal was denied. service shall consist of the affidavit of the person effecting the
mailing and the registry receipt, both of which must be appended to
Consequently, the petitioner filed its petition for money claim in the the paper being served. A compliance withthe rule is mandatory,
COA.5 On November 15, 2012, the COA issued its decision denying such that
the petition,6 holding that under Section 447 and Section 458 of the
Local Government Code only municipal or city governments are there is no proof of service if either or both are not submitted.13
expressly vested with the power to secure group insurance coverage
for barangayworkers; and noting the LGU’s failure to comply with
Here, the petition for certiorari only carried the affidavit of service
the requirement of publication under Section 21 of Republic Act No.
executed by one Marcelino T. Pascua, Jr., who declared that he had
9184 (Government Procurement Reform Act).
served copies of the petition by registered mail "under Registry
Receipt Nos. 70449, 70453, 70458,70498 and 70524 attached tothe
The petitioner received a copy of the COA decision on December 14, appropriate spaces found on pages 64-65 of the petition."14 The
2012,7 and filed its motion for reconsideration on January 14, petition only bore, however, the cut print-outs of what appeared to
2013.8 However, the COA denied the motion,9 the denial being be the registry receipt numbers of the registered matters, not the
received by the petitioner on July 14, 2014.10 registry receipts themselves. The rule requires to be appended the
registry receipts, nottheir reproductions. Hence, the cut print-outs
Hence, the petitioner filed the petition for certiorari on August 12, did not substantially comply with the rule. This was the reason why
2014, but the petition for certiorari was dismissed as earlier stated the Court held in the resolution of August 19, 2014 that the
through the resolution promulgated on August 19,2014 for (a) the petitioner did not comply with the requirement of proof of service.15
late filing of the petition; (b) the non-submission of the proof of
service and verified declaration; and (c) the failure to show grave II
abuse of discretion on the part of the respondents.
Fresh Period Ruleunder Neypes
Issues did not apply to the petition for certiorari
under Rule 64 of the Rules of Court
In its motion for reconsideration, the petitioner submits that it filed
the petition for certiorari within the reglementary period following The petitioner posits that the fresh period rule applies because its
the fresh period rule enunciated in Neypes v. Court of Rule 64 petition is akin to a petition for review brought under Rule
Appeals;11 and that the petition for certiorari included an affidavit of 42 of the Rules of Court; hence, conformably with the fresh period
service in compliance with Section 3, Rule 13 of the Rules of Court. It rule, the period to file a Rule 64 petition should also be reckoned
admits having overlooked the submission of a verified declaration; from the receipt of the order denying the motion for
and prays that the declaration attached to the motion for reconsideration or the motion for new trial.16
The petitioner filed its motion for reconsideration on January 14, It is equally relevant to note that the COA denied the money claim of
2013, which was 31 days after receiving the assailed decision of the the petitioner for the further reason of lack of sufficient publication
COA on December 14, 2012.21 Pursuant to Section 3 of Rule 64, it as required by the Government Procurement Act. In that light, the
had only five days from receipt of the denial of its motion for COA acted well within its authority in denying the petitioner’s claim.
reconsideration to file the petition. Considering that it received the
notice of the denial on July 14, 2014, it had only until July19, 2014 to IV
file the petition. However, it filed the petition on August 13, 2014,
which was 25 days too late. Petitioner and its counsel
exhibited harshness and disrespect
We ruled in Pates v. Commission on Elections22 that the belated towards the Court and its Members
filing of the petition for certiorari under Rule 64 on the belief that
the fresh period ruleshould apply was fatal to the recourse. As such, The petitioner contends that the Court erred in appreciating the
the petitioner herein should suffer the same fate for having wrongly petitioner’s non-compliance with the requirement of the proof of
assumed that the fresh period rule under Neypes23 applied. Rules of service, alleging that even "a perfunctory scrutiny" of the petition
procedure may be relaxed only to relieve a litigant of an injustice for certiorari and its annexes could have easily shown that it had
that is not commensurate with the degree of his thoughtlessness in attached an affidavit of service to the petition. It goes on to make
not complying with the prescribed procedure.24 Absent this reason the following statements, viz:
for liberality, the petition cannot be allowed to prosper.
25. Apparently, the staff of the Justice-in-charge failed to verify the
III PETITION and its annexes up to its last page, thus, the erroneous
finding that there was non-submission of the proof of service; 26. In
Petition for certiorari further lacked merit turn, the same omission was hoisted upon the other members of
this Honorable Court who took the observation from the office of
The petition for certiorari is also dismissible for its lack of merit. the Justice-in-charge, to be the obtaining fact, when in truth and in
fact, it is not;27
The petitioner insists on having fully shown that the COA committed
grave abuse of discretion, to wit: (1) the challenged decision was The petitioner and its counsel thereby exhibited their plain inability
rendered by a divided COA proper; (2) the COA took almost a year to accept the ill consequences of their own shortcomings, and
before promulgating its decision, and more thana year in resolving instead showed an unabashed propensity to readily lay blame on
(2002) Reimbursable representation allowance for The Resident Auditor disallowed the grant of the allowances on the
members of the Board of Maritime Industry Authority;15 ground that it constituted double compensation to public officers
(2) Performance incentives allowance;16 and employees proscribed by Article IX(b) of the 1987 Constitution,
(3) Economic/efficiency/financial assistance/benefit;17 in relation to Section 229 of the Government Accounting and
(4) Hearing allowance;18 and Auditing Manual or GAAM Volume 1.31 Further, the President’s
(5) Birthday month/off month/employment date approval of the memorandum was not the law contemplated by the
anniversary allowances.19 Constitution as an exception to the prohibition on double
compensation.32
The request to restore these benefits or allowances was premised
on “inflation-caused difficulties resulting to [sic] the exodus of
technically/specially trained personnel into the private sector or On October 25, 2002, Maritime Industry Authority filed a request for
abroad who shall carry on the delicate and unique functions of the reconsideration on the notices of disallowance before the
agency and in consideration of the additional functions of the Commission on Audit Director of the Legal and Adjudication Office.33
agency.”20 The request to restore was also made to “further
enhance/provide/promote employees’ welfare/productivity and The request for reconsideration was denied in the decision dated
deter graft and corruption activities.”21 June 23, 2003.34 It was ruled that the incentives/allowances, except
for medical allowance and per diems of the members of the Board,
The memorandum was then allegedly stamped with “approved” on were integrated in the basic salary pursuant to the Salary
October 16, 2000 with the signature of the President of the Standardization Law and National Compensation Circular No.
Philippines below the stamp.22 Relying on the alleged approval of 59.35 On the other hand, the grant of medical allowance and per
the President of the Philippines, Maritime Industry Authority diems to the members of the Board is proscribed by Article VII,
granted the allowances and incentives to its officers and employees Section 13 of the 1987 Constitution on double
starting January 2001.23 compensation.36chanroblesvirtuallawlibrary
The Resident Auditor24 of Maritime Industry Authority then issued Maritime Industry Authority filed a petition for review before the
the following notices of disallowance with a total amount of Commission on Audit.37
?5,565,445.02 for the allowances or benefits received by the officers
or employees from January to May 2001:25 In the decision38 dated March 3, 2005, the Commission on Audit
denied the petition for review except as to the per diem and
Notice of Date Amount Allowance/Benefit monthly commutable allowance of the members of the Board of
Disallowance Disallowed Disallowed Maritime Industry Authority at the rate of ?500.00 for each member
No. per month.39
2002-002- April 9, 2002 P586,500.00 Rice and Medical
101(01) 26 Allowance The Commission on Audit held that the disallowed allowances are
Allowances of Board integrated in the standardized salary rates under Section 12 of
Members and Secretary Republic Act No. 6758.
2002-005- April 9, 2002 P30,800.00 Rice and Medical
101(01) 27 Allowance Further, the alleged approval of the President for the restoration or
Representation Allowance grant of benefits falls short of a law, as required by the Constitution
of Board Members and for the grant of additional allowance or incentive. 41 Even assuming
Secretary that the approval of the President is sufficient to grant additional
2002-006- August 7, P1,635,376.08 Rice and Medical allowance to officers and employees of Maritime Industry Authority,
101(01)28 2002 Allowance the authenticity of the memorandum bearing the alleged approval
Performance Incentive of the President presented by Maritime Industry Authority was not
Allowance for February established.42 Only a photocopy of the memorandum was
Birthday and Employment presented. A copy of the memorandum was also not on file in the
Anniversary Bonus Malacañang Records Office.
Representation Allowance
of Board Members and Maritime Industry Authority’s motion for reconsideration was
Secretary denied in COA Resolution No. 2008-117 dated December 9, 2008.
2002-007- August 8, P1,694,008.14 Rice and Medical
101(01)29 2002 Allowance Thus, this petition for certiorari was filed by Maritime Industry
Performance Incentive Authority assailing the Commission on Audit's decision and
Allowance resolution affirming the notices of disallowance.
Birthday and Employment
Anniversary Bonus In compliance with the orders45 of this court, the Commission on
2002-008- August 8, P1,618,760.80 Rice and Medical Audit filed a comment on the petition for certiorari on June 22,
101(01)30 2002 Allowance 2009.46 Maritime Industry Authority filed a reply to the comment on
Performance Incentive August 24, 2009.
Allowance
Birthday and Employment
A Rule 65 petition is a unique and special rule because it commands Existing additional compensation of any national government official
limited review of the question raised. As an extraordinary remedy, or employee paid from local funds of a local government unit shall
its purpose is simply to keep the public respondent within the be absorbed into the basic salary of said official or employee and
bounds of its jurisdiction or to relieve the petitioner from the public shall be paid by the National Government. (Emphasis supplied)
respondent’s arbitrary acts. In this review, the Court is
confined solely to questions of jurisdiction whenever a tribunal, Petitioner Maritime Industry Authority understands the clause as
board or officer exercising judicial or quasi-judicial function acts requiring a subsequent issuance by the Department of Budget and
without jurisdiction or in excess of jurisdiction, or with grave abuse Management so that other allowances or benefits not specifically
of discretion amounting to lack or excess of jurisdiction. . . . enumerated in the provision will be excluded. It insists that a circular
must be issued by the Department of Budget and Management for a
The limitation of the Court’s power of review over COA rulings specific allowance to be deemed integrated in the standardized
merely complements its nature as an independent constitutional salary pursuant to Section 12 of Republic Act No. 6758.
body that is tasked to safeguard the proper use of the government
and, ultimately, the people’s property by vesting it with power to (i) Since the National Compensation Circular No. 59, the circular issued
determine whether the government entities comply with the law by the Department of Budget and Management implementing
and the rules in disbursing public funds; and (ii) disallow legal Section 12, was not published, there can be no allowance deemed
disbursements of these funds.48 (Emphasis in the original) integrated in the standardized salary rates.52 It relies on Philippine
Ports Authority hired after July 1, 1989 v. Commission on
Reviewing the rationale for this standard of judicial review: Audit53 where this court held the following:
[t]his court has consistently held that findings of administrative However, because of its lack of publication in either the Official
agencies are generally respected, unless found to have been tainted Gazette or in a newspaper of general circulation, DBM-CCC No. 10
with unfairness that amounted to grave abuse of discretion: was declared ineffective on August 12, 1998, in De Jesus v. COA,
which we quote:
It is the general policy of the Court to sustain the decisions of
administrative authorities, especially one which is constitutionally- In the present case under scrutiny, it is decisively clear that D[B]M-
created not only on the basis of the doctrine of separation of powers CCC No. 10, which completely disallows payment of allowances and
but also for their presumed expertise in the laws that they are other additional compensation to government officials and
entrusted to enforce. Findings of administrative agencies are employees, starting November 1, 1989, is not a mere interpretative
accorded not only respect but also finality when the decision and or internal regulation. It is something more than that. And why not,
order are not tainted with unfairness or arbitrariness that would when it tends to deprive government workers of their allowances
amount to grave abuse of discretion. It is only when the COA has and additional compensation sorely needed to keep body and soul
acted without or in excess of jurisdiction, or with grave abuse of together. At the very least, before the said circular under attack may
discretion amounting to lack or excess of jurisdiction, that this Court be permitted to substantially reduce their income, the government
entertains a petition questioning its rulings. There is grave abuse of officials and employees concerned should be apprised and alerted
discretion when there is an evasion of a positive duty or a virtual by the publication of the subject circular in the Official Gazette or in
refusal to perform a duty enjoined by law or to act in contemplation a newspaper of general circulation in the Philippines – to the end
of law as when the judgment rendered is not based on law and that they be given amplest opportunity to voice out whatever
evidence but on caprice, whim and despotism. 49 opposition they may have, and to ventilate their stance on the
subject matter. This approach is more in keeping with democratic
We find that no grave abuse of discretion amounting to lack or precepts and rudiments of fairness and transparency.
excess of jurisdiction may be attributed to the Commission on Audit
in this case. In other words, during the period that DBM-CCC No. 10 was in legal
limbo, the COLA and the amelioration allowance were not
II effectively integrated into the standardized salaries.
Position of the parties
Then in NAPOCOR Employees Consolidated Union v. National Power The concept of integration of allowances
Corporation,60 this court stated:
The consolidation of allowances in the standardized salary in Section
12 of Republic Act No. 6758 is a new rule in the Philippine position
Section 12 of Rep. Act No. 6758 lays down the general rule that all
classification and compensation system. The previous laws68 on
allowances of state workers are to be included in their standardized
standardization of compensation of government officials and
salary rates. Exempted from integration to the standardized salary
employees do not have this provision.
rates, as specified in the aforequoted provision of Section 12 of Rep.
Act No. 6758, are only the following allowances:
Presidential Decree No. 985,69 as amended by Presidential Decree
No. 1597,70 the law prior to Republic Act No. 6758, repealed all laws,
(1) representation and transportation allowances (RATA);
decrees, executive orders, and other issuances or parts thereof that
(2) clothing and laundry allowances;
authorize the grant of allowances of certain positions and
(3) subsistence allowances of marine officers and crew on board
employees.71 Under Presidential Decree No. 985, allowances,
government vessels;
honoraria, and other fringe benefits may only be granted to
(4) subsistence allowance of hospital personnel;
government employees upon approval of the President with the
(5) hazard pay;
recommendation of the Commissioner of the Budget Commission.
(6) allowance of foreign service personnel stationed abroad; and
(7) such other additional compensation not otherwise specified
Being a new rule, Section 12 of Republic Act No. 6758 raised several
herein as may be determined by the DBM.
questions among government employees. Petitions were filed
before this court involving the Commission on Audit’s disallowance
Otherwise stated, the foregoing are the only allowances which
of the grant of allowances and incentives to government employees.
government employees can continue to receive in addition to their
This court already settled the issues and matters raised by petitioner
standardized salary rates. The employee welfare allowance of NPC
Maritime Industry Authority.
personnel is clearly not among the allowances listed above which
State workers can continue to receive under Rep. Act No. 6758 over
The clear policy of Section 12 is “to standardize salary rates among
and above their standardized salary rates. We must emphasize that
government personnel and do away with multiple allowances and
Rep. Act No. 6758 does not require that DBM should first define
other incentive packages and the resulting differences in
those allowances that are to be integrated with the standardized
compensation among them.”73 Thus, the general rule is that all
salary rates of government employees before NPC could integrate
allowances are deemed included in the standardized
the employee welfare allowance into its employees’ salaries. Thus,
salary.74 However, there are allowances that may be given in
despite our ruling in De Jesus which thwarted the attempt of DBM in
addition to the standardized salary. These non-integrated
DBM-CCC No. 10 to complete the list of allowances exempted from
allowances are specifically identified in Section 12, to wit:
integration, NPC is allowed under Rep. Act No. 6758 to integrate
Section 12 of Republic Act No. 6758 does not require the enactment In Bengzon v. Drilon,107 this court said:
of a law to exclude benefits or allowances from the standardized
salary. What is required is a determination by the Department of As envisioned in the Constitution, the fiscal autonomy enjoyed by
Budget and Management of the non-integrated benefits or the Judiciary, the Civil Service Commission, the Commission on
allowances. In Abakada Guro Party List v. Purisima: Audit, the Commission on Elections, and the Office of the
Ombudsman contemplates a guarantee of full flexibility to allocate
Congress has two options when enacting legislation to define and utilize their resources with the wisdom and dispatch that their
national policy within the broad horizons of its legislative needs require. It recognizes the power and authority to levy, assess
competence. It can itself formulate the details or it can assign to the and collect fees, fix rates of compensation not exceeding the highest
executive branch the responsibility for making necessary marginal rates authorized by law for compensation and pay loans of the
decisions in conformity with those standards. In the latter case, the government and allocate and disburse such sums as may be
law must be complete in all its essential terms and conditions when provided by law or prescribed by them in the course of the discharge
it leaves the hands of the legislature. Thus, what is left for the of their functions.108
executive branch or the concerned administrative agency when it
formulates rules and regulations implementing the law is to fill up As this court held in Re: COA Opinion on the Computation of the
details (supplementary rule-making) or ascertain facts necessary to Appraised Value of the Properties Purchased by the Retired
bring the law into actual operation (contingent rule- Chief/Associate Justices of the Supreme Court,109 “real fiscal
making).101 (Citations omitted) autonomy covers the grant to the Judiciary of the authority to use
and dispose of its funds and properties at will, free from any outside
The law delegated to the executive branch the filling in of other control or interference.”110 This includes the judgment to use its
allowances and benefits that should be excluded from the funds to provide additional allowances and benefits to its officials
standardized salary. It specifically identifies the Department of and employees deemed to be necessary and relevant in the
Budget and Management to carry out the task. However, this does performance of their functions in the office. Due to the nature of the
not exclude the President from identifying the excluded allowances functions of the Constitutional and Fiscal Autonomy Group and the
or benefits himself, the Secretary of the Department of Budget and constitutional grant of fiscal autonomy, an issuance by the
Management being an alter ego of the President. Of course, the Department of Budget and Management or any other agency of the
performance of this task must still be in accordance with the government is not necessary to exclude an allowance or benefit
parameters laid down in Republic Act No. 6758.102 As this court held from the standardized salary.
in Chavez v. Romulo:
The entity entrusted by Republic Act No. 6758 to determine the
at the apex of the entire executive officialdom is the President. benefits and allowances that are not deemed integrated is the
Section 17, Article VII of the Constitution specifies his power as Chief Department of Budget and Management. It studies the necessity
Executive, thus: “The President shall have control of all the and reasonableness of the grant of the allowance and, more
executive departments, bureaus and offices. He shall ensure that importantly, its practicability, that is, whether the government has
the laws be faithfully executed.” As Chief Executive, President enough budget to grant the allowance. This is in line with our form
Arroyo holds the steering wheel that controls the course of her of government where the “sound management and effective
government. She lays down policies in the execution of her plans utilization of financial resources of government are basically
and programs. Whatever policy she chooses, she has her executive functions.”111 On the other hand, the budget of the
subordinates to implement them. In short, she has the power of Constitutional and Fiscal Autonomy Group is constitutionally
control. Whenever a specific function is entrusted by law or mandated to be released regularly. How these constitutional bodies
regulation to her subordinate, she may act directly or merely direct manage and utilize their budget is within their prerogative and
the performance of a duty. Thus, when President Arroyo directed authority to determine. The officials of the Constitutional and Fiscal
respondent Ebdane to suspend the issuance of PTCFOR, she was just Autonomy Group can determine whether the budget allocated and
directing a subordinate to perform an assigned duty. Such act is well released by the government to them can deliver the allowances and
within the prerogative of her office.104 (Emphasis in the original) benefits its employees will receive. The executive cannot interfere
with how funds will be used or disbursed without violating the
VII separation of powers.
In Yap v. Commission on Audit,115 this court laid down two general Petitioner Maritime Industry Authority argues that the rule against
requisites before a benefit may be granted to government officials double compensation does not apply because National
or employees. First is that the allowances and benefits were Compensation Circular No. 59 is ineffectual due to its non-
authorized by law and second, that there was a direct and publication.
substantial relationship between the performance of public
functions and the grant of the disputed allowances. Thus: Respondent Commission on Audit counters that the disallowed
allowances is tantamount to additional compensation proscribed by
[t]o reiterate, the public purpose requirement for the disbursement Article IX(B), Section 8 of the 1987 Constitution.121 This is because
of public funds is a valid limitation on the types of allowances and these allowances are not authorized by law.
benefits that may be granted to public officers. It was incumbent
upon petitioner to show that his allowances and benefits were Republic Act No. 6758 deems all allowances and benefits received by
authorized by law and that there was a direct and substantial government officials and employees as incorporated in the
relationship between the performance of his public functions and standardized salary, unless excluded by law or an issuance by the
the grant of the disputed allowances to him.116 Department of Budget and Management. The integration of the
benefits and allowances is by legal fiction.
The burden of proving the validity or legality of the grant of
allowance or benefits is with the government agency or entity The disallowed benefits and allowances of petitioner Maritime
granting the allowance or benefit, or the employee claiming the Industry Authority’s officials and employees were not excluded by
same. After the Resident Auditor issues a notice of disallowance, the law or an issuance by the Department of Budget and Management.
aggrieved party may appeal the disallowance to the Director within Thus, these were deemed already given to the officials and
six (6) months from receipt of the decision.117 At this point, the employees when they received their basic salaries. Their receipt of
government agency or employee has the chance to prove the
Petitioner Maritime Industry Authority argues that it was denied Generally, the public officer’s good faith does not excuse his or her
administrative due process.123Respondent Commission on Audit personal liability over the unauthorized disbursement. This court
affirmed the notices of disallowance on the basis of provisions of said:
law that are different from the bases cited in the notices of
disallowance. Section 103 of P.D. 1445 declares that expenditures of government
funds or uses of government property in violation of law or
Respondent Commission on Audit does not deny that other grounds regulations shall be a personal liability of the official or employee
were relied upon to affirm the disallowance of the allowances given found to be directly responsible therefor. The public official’s
to the officers and employees of petitioner Maritime Industry personal liability arises only if the expenditure of government funds
Authority. However, it argues that this is pursuant to its mandate was made in violation of law. In this case, petitioner’s act of entering
under Article IX(D), Section 2 of the 1987 Constitution125 and is a into a contract on behalf of the local government unit without the
necessary incident of its appellate jurisdiction as provided in Rule II, requisite authority therefor was in violation of the Local
Section 4 of the 1997 COA Revised Rules of Procedure. Government Code. While petitioner may have relied on the opinion
of the City Legal Officer, such reliance only serves to buttress his
This court already settled that: good faith. It does not, however, exculpate him from his personal
liability under P.D. 1445.129
[the Commission on Audit] is not required to limit its review only to
the grounds relied upon by a government agency's auditor with However, with regard to the disallowance of salaries, emoluments,
respect to disallowing certain disbursements of public funds. In benefits, and allowances of government employees, prevailing
consonance with its general audit power, respondent Commission jurisprudence130 provides that recipients or payees need not refund
on Audit is not merely legally permitted, but is also duty-bound to these disallowed amounts when they received these in good
make its own assessment of the merits of the disallowed faith.131 Government officials and employees who received benefits
disbursement and not simply restrict itself to reviewing the validity or allowances, which were disallowed, may keep the amounts
of the ground relied upon by the auditor of the government agency received if there is no finding of bad faith and the disbursement was
concerned. To hold otherwise would render COA's vital made in good faith.
constitutional power unduly limited and thereby useless and
ineffective.127 On the other hand, officers who participated in the approval of the
disallowed allowances or benefits are required to refund only the
The disallowance of the grant of benefits and allowances by amounts received when they are found to be in bad faith or grossly
respondent Commission on Audit is proper. We proceed to negligent amounting to bad faith.
determine whether officers and employees of petitioner Maritime
Industry Authority are liable and/or should refund the disallowed In Philippine Economic Zone Authority v. Commission on Audit,134 this
allowances. court defined good faith relative to the requirement of refund of
disallowed benefits or allowances.
XII
In common usage, the term “good faith” is ordinarily used to
Refund of the amounts received describe that state of mind denoting “honesty of intention, and
and liability of approving officers freedom from knowledge of circumstances which ought to put the
holder upon inquiry; an honest intention to abstain from taking any
Presidential Decree No. 1445 provides for a general liability for unconscientious advantage of another, even through technicalities
unlawful expenditures: of law, together with absence of all information, notice, or benefit or
belief of facts which render transaction unconscientious.”135
Section 103. General liability for unlawful expenditures.
Expenditures of government funds or uses of government property The assailed notices of disallowance enumerate the following
in violation of law or regulations shall be a personal liability of the persons as liable for the disallowed disbursements:
official or employee found to be directly responsible therefor.128
Elenita Delgado – Approving Officer136
Section 19 of the Manual of Certificate of Settlement and Balances, Oscar Sevilla- Approving Officer 137
Commission on Audit Circular No. 94-001 provides: Yolanda Quiñones – Chief Accountant138
Agrifina Lacson – Certifying Officer139
19.1. The liability of public officers and other persons for audit Erlinda Baltazar - Cashier140
disallowances shall be determined on the basis of: (a) the nature of Myrna Colag – Alternative Approving Officer141
the disallowance; (b) the duties, responsibilities or obligations of the Miriam Dimayuga – Alternate Approving Officer142
officers/persons concerned; (c) the extent of their participation or
involvement in the disallowed transaction; and (d) the amount of
Erlinda Cashier 550,000.00 Rice and Medical Notice of Disallowance No. 2002-007-101(01)146
Baltazar Allowance and Erlinda Cashier 561,000.00 Rice and Medical
Allowances of Baltazar Allowance for
Oscar Sevilla Administrator 5,000.00
Board Members April 2001
Pedro Director 5,700.00 and Secretary (net
Mendoza Renita Bautista [not indicated 30,800.00 Rice/Med for
of allowable
in rollo] March 2001
Marietto Director 5,700.00 allowance of
Enecio P500.00/mo Chona Verceles [not indicated 2,200.00 Rice/Med for
pursuant to Sec. 7 in rollo] March 2001
Juan Peña Director 5,700.00 of P.D. 474) for Alfonso [not indicated 4,698.00 Performance
Gloria Bañas [not indicated 3,000.00 January 2001. Rulloda in rollo] Incentive
in rollo] Allowance for
G. Mendoza Director 5,700.00 Feb. 2001
Ruben Ciron Director 5,700.00 Renita Bautista [not indicated 15,400.00 Rice[/][M]ed for
in rollo] April 2001
Notice of Disallowance No. 2002-005-101(01)144
Erlinda Cashier 893,910.14 Performance
Oscar Sevilla Administrator 5,000.00 Rice and Medical
Baltazar Incentive
Pedro Director 5,700.00 Allowance,
Allowance for
Representation
Mendoza April 2001
Allowance of
Marietto Director 5,700.00 Board Members Erlinda Cashier 186,000.00 Birthday and
Enecio and Secretary (net Baltazar Employment
Alfonso Cusi Director 5,700.00 of allowable Anniversary
allowance of Bonus for April
Ruben Ciron Director 5,700.00 P500.00/mo 2001
Gloria Bañas [not indicated 3,000.00 pursuant to Sec. 7 Notice of Disallowance No. 2002-008-101(01)147
in rollo] of P.D. 474) for
February 2001. Erlinda Cashier 552,200.00 Rice and Medical
Baltazar Allowance for
Notice of Disallowance No. 2002-006-101(01)145 May 2001
Erlinda Cashier 565,400.00 Rice and Medical Renita Bautista [not indicated 30,669.50 Performance
Baltazar Allowance in rollo] Incentive
Chona [not indicated 1,591.50 Performance Allowance for
[illegible] in rollo] Incentive April 2001
[illegible] [not indicated 2,508.25 Allowance for Liberato [not indicated 2,200.00 Rice/Med for April
Feb. 2001 [illegible] in rollo] 2001
in rollo]
Erlinda Cashier 139,000.00 Birthday and Emperatriz [not indicated 1,098.75 Performance
Baltazar Employment Aquino in rollo] Incentive
Anniversary Allowance for
Bonus for Feb. 2001
February 2001 Alfonso [not indicated 4,698.00 Performance
Erlinda Cashier 835,376.33 Performance Rulloda in rollo] Incentive
Baltazar Incentive Allowance for
Allowance for March 2001
March 2001 Chona Verceles [not indicated 1,591.50 Performance
Jovino G. [not indicated 5,000.00 Employment in rollo] Incentive
Tamayo in rollo] Anniversary Allowance for
Bonus March 2001
Oscar M. Administrator 5,000.00 Representation Emperatriz [not indicated 2,232.75 Performance
Sevilla Allowance of Aquino in rollo] Incentive
Board Members Allowance for
Jose T. Tale Director 5,700.00
and Secretary (net March 2001
Pedro V. Director 5,700.00 of allowable Jesus [not indicated 2,200.00 Rice[/][M]ed for
Mendoza
Erlinda Cashier 877,270.30 Performance However, the checks for the disallowed benefits and allowances
Baltazar Incentive were issued prior to April 4, 2001. It does not appear that petitioner
Allowance for Maritime Industry Authority’s directors and officers were informed
May 2001 prior to the disbursement of the amounts disallowed that these
Feliciano Tira, [not indicated 4,400.00 Rice/Med For allowances and benefits were in violation of existing law, and rules
Jr. in rollo] April and May and regulations.
2001
WHEREFORE, the decision of respondent Commission on Audit
The records do not show the reason why Erlinda Baltazar, petitioner dated March 3, 2005 and resolution dated December 9, 2008
Maritime Industry Authority’s cashier, received high amounts for the are AFFIRMED with MODIFICATION. The approving officers and
allowances as shown in the notices of disallowance. Erlinda Baltazar are solidarily liable to refund the disallowed
amounts received by Erlinda Baltazar. The other payees need not
The amount given to Erlinda Baltazar is exorbitant especially when refund the amounts received.
contrasted with the other officers and employees of petitioner
Maritime Industry Authority receiving the same allowance. The SO ORDERED.
disparity in the amounts given to Erlinda Baltazar compared to the
other officers and employees is too substantial to consider her and If based sa citation, mao ni ang case
the approving officers to be in good faith when Erlinda Baltazar
received the amounts. Thus, Erlinda Baltazar and the approving EN BANC
officers are solidarily liable to refund all amounts received by Erlinda
Baltazar based on what was disallowed by respondent Commission G.R. No. 201042 June 16, 2015
on Audit. This solidary liability is in accordance with Book VI, Chapter
V, Section 43 of the Administrative Code, which provides:
DARAGA PRESS, INC., Petitioner,
vs.
Liability for Illegal Expenditures. – Every expenditure or obligation
COMMISSION ON AUDIT and DEPARTMENT OF
authorized or incurred in violation of the provisions of this Code or
EDUCATIONAUTONOMOUS REGION IN MUSLIM
of the general and special provisions contained in the annual
MINDANAO, Respondents.
General or other Appropriations Act shall be void. Every payment
made in violation of said provisions shall be illegal and every official
or employee authorizing or making such payment, or taking part DECISION
therein, and every person receiving such payment shall be jointly
and severally liable to the Government for the full amount so paid or DEL CASTILLO, J.:
received.
Absent a clear showing of grave abuse of discretion, the factual
The amount Erlinda Baltazar received as allowance for one month findings of the Commission on Audit (COA) must be accorded great
should have alerted her and the approving officers on the validity respect and finality.1
and legality of the grant of the allowance. Good faith dictates that
the approving officers deny the grant and Erlinda Baltazar refrain
This Petition for Certiorari2 assails the Decision3 dated September
from receiving the amount that is clearly and on its face invalid.
29, 2010 of the respondent COA, which denied petitioner Daraga
Erlinda Baltazar and the approving officers’ positions dictate that
Press, Inc.’s (DPI) money claim in the amount of 63,638,032.00.
they are familiar and knowledgeable of the usual amounts allowed
Likewise assailed is the Resolution4 dated December 29, 2011 of the
for allowances and benefits.
respondent COA, denying petitioner DPI’s Motion for
Reconsideration.5
As to the directors, officers, and other employees of petitioner
Maritime Industry Authority who received the disallowed benefits,
they are presumed to have acted in good faith when they allowed Factual Antecedents
and/or received them.
On November 15, 2007, pursuant to Section 196 of Republic Act No.
Respondent Commission on Audit failed to show bad faith on the 9401,7 then Department of Budget and Management (DBM)
part of the approving officers in disbursing the disallowed benefits Secretary Rolando G. Andaya, Jr. requested the respondent COA to
and allowances. Further, the officers of petitioner Maritime Industry validate and evaluate the request of then Regional Governor of the
Autonomous Region in Muslim Mindanao (ARMM) Nur Misuari for
In response to the request, the respondent COA issued Local 3. Two (2) Certifications, which were purportedly issued by
Government Sector (LGS) Office Order No. 2007-058 dated Sulpicio Lines, differed as to the date of delivery and
December 7, 2007, creating a team of auditors to validate and receipt, casting doubt on the authenticity of the delivery of
evaluate the alleged unpaid obligation.9 textbooks;
On April 29, 2008, Assistant Commissioner Gloria S. Cornejo of the 4. Five (5) contradicting reports on receipt and acceptance
LGS issued a Memorandum10 expressing serious doubts on the of deliveries and three (3) sets of Inspection Reports by
validity of the obligation as the actual receipt of the subject the Regional Secretary of ARMM, indicate doubtful
textbooks could not be ascertained.11 invoices and [DRs]; and
On September 22, 2008, petitioner DPI filed with the respondent 5. The figures in the PO, DR, Memorandum Receipts, and
COA a money claim12 for the payment of textbooks it allegedly Certification and Affidavit of Supply Officer differ.24
delivered on July 3, 1998 to the respondent Department of
Education (DepEd)-ARMM, formerly the Department of Education, These discrepancies, inconsistencies and inaccuracies, as well as the
Culture and Sports (DECS)-ARMM.13 lack of appropriation for the purchase of the subject textbooks
considering that the Special Allotment Release Order (SARO)25 for
Pursuant to a directive of the Commission Proper, the Fraud Audit the amount of ₱63,638,750.00,26 upon which petitioner DPI
and Investigation Office (FAIO), Legal Services Sector(LSS) conducted anchored its claim, pertained to the payment of personal services
further validation of petitioner DPI’s money claim, which yielded the (payment of salaries of teachers), not for the purchase of
same result.14 The findings of the FAIO complemented and textbooks,27 led the respondent COA to conclude that there was no
corroborated the initial observations/ findings of the audit team substantial evidence to grant the money claim.28 And since the
created under LGS Office Order No. 2007-058 dated December 7, actual delivery of the subject textbooks was not established, the
2007.15 respondent COA likewise ruled that the equitable principle of
quantum meruit could not be applied.29
Ruling of the Commission on Audit
Aggrieved, petitioner DPI moved for reconsideration but the
Based on the Memorandum dated April 29, 2008 and the LSS-FAIO respondent COA denied the same in its Resolution dated December
Report No. 2010-001,16 the respondent COA rendered the assailed 29, 2011.
Decision dated September 29, 2010. It denied the money claim
because it found no convincing proof that the subject textbooks Issue
were delivered.17 It noted that there was no showing that the Supply
Officer actually inspected and received the said delivery;18 that there Hence, petitioner DPI filed the instant Petition raising the issue of
was a violation of the rules on internal control on segregation of whether the respondent COA committed grave abuse of discretion
duties and responsibilities as the receipt/acceptance/inspection of in denying the money claim.30
the alleged deliveries was done by the DECS-ARMM Regional
Secretary, who was also the one who approved the Requisition and
Petitioner DPI’s Arguments
Issue Voucher (RIV)19 and recommended the approval of the
Purchase Order (PO);20 and that the audited Final Trial Balances21 of
DECS-ARMM and the audited Financial Statements22 of petitioner Petitioner DPI ascribes grave abuse of discretion on the part of the
DPI did not reflect any transaction in the amount of respondent COA in denying the money claim solely on sheer
₱63,638,032.00.23 The respondent COA also pointed out doubt.31 Petitioner DPI claims there were funds available for the
discrepancies, inconsistencies, and inaccuracies in the documents procurement of the subject textbooks but were inadvertently
submitted, to wit: reverted to the National Treasury because the said amount was
twice obligated under Personal Service.32 And although there were
typographical errors and minor inconsistencies in the documents
1. There were three (3) copies of [Purchase Orders] PO No.
submitted, petitioner DPI contends that it was still able to prove its
075-PTB issued, which were all dated June 15, 1998
entitlement to the money claim. It insists that the letters and
addressed to [petitioner] DPI. The first one with the
certifications33 from former ARMM Governors and high-ranking
amount of ₱63,638,750.00 was received undated by White
officials of the DepEd Central Office, as well as the
Orchids Printing and Publishing with an unidentified
Certification34 issued by COA Auditor Dagaranao Saripada, all
signature, while the other two (2) POs, which bear the
validate its money claim.35 And if ever there was a breach on
amount of ₱63,638,975.00 and ₱63,638,032.00, were
standard government procedure, petitioner DPI asserts that it could
received undated by [petitioner] DPI. The POs did not
still recover the reasonable value of the subject textbooks
indicate the mode of procurement and the place and date
conformably with the principle of quantum meruit.36
of delivery;
Respondents’ Arguments
2. There were two (2) sets of [Sales Invoice] SI Nos. 5806
and 5808 and two (2) sets of [Delivery Receipt] (DR)Nos.
5206 and 5207, all dated July 3, 1998, bearing similar serial The respondents, through the Office of the Solicitor General, argue
numbers but with different signatories on the received that the respondent COA committed no grave abuse of discretion in
denying the money claim as the denial is supported by the evidence
Our Ruling x x x The first set of SIs x x x and DRs x x x was signed on the received
portion by DECS-ARMM [Regional] Secretary x x x while the second
The Petition must fail. set of SIs and DRs x x x was signed by x x x, Supply Officer I.
Decisions and resolutions of the respondent COA may be reviewed The owner of [petitioner] DPI, x x x sought to explain the two sets of
and nullified only on the ground of grave abuse of discretion SIs and DRs in his letter dated November 26, 2009 x x x in response
amounting to lack or excess of jurisdiction. 39 Grave abuse of to our letter dated November 9, 2009 x x x; that this came about
discretion exists when there is an evasion of a positive duty or a when the then DECS-ARMM informed his Office that the SIs and DRs
virtual refusal to perform a duty enjoined by law or to act in signed by DECS-ARMM [Regional] Secretary x x x [were] not in
contemplation of law as when the judgment rendered is not based accordance with their practice that it is the Supply Officer who is
on law and evidence but on caprice, whim, and despotism.40 supposed to sign these documents; that to rectify this, another set
was signed by x x x, Supply Officer I, thus resulting in two different
signatories in the same set of SIs and DRs.
The respondent COA committed no
grave abuse of discretion in denying the
money claim. The said explanation is untenable. To give due course to the
explanation is tantamount to allowing the substitution of facts that
did not actually happen and can be considered falsification of public
In this case, petitioner DPI imputes grave abuse of discretion on the
documents.
part of the respondent COA in doubting and disregarding petitioner
DPI’s documentary evidence and in adopting the findings and
recommendations contained in the Memorandum dated April 29, c) Two Certifications purportedly issued by Sulpicio Lines differed in
2008 and the LSS-FAIO Report No. 2010-001. A careful reading of the dates of delivery and receipt, casting doubt on the authenticity of
assailed decision and resolution, however, negates any the delivery of textbooks.
capriciousness or arbitrariness in the exercise of judgment of the
respondent COA as the denial of petitioner DPI’s money claim is There were two Certifications with no official logo on the
supported by the evidence on record. [letterhead] purportedly issued by Sulpicio Lines, Inc., Cotabato City
Branch upon the request of [petitioner] DPI both dated 8th day of
There are inconsistencies, discrepancies, September 1999 but bearing different delivery and receipt dates as
and inaccuracies in the dates and figures follows:
stated in the documents.
Date of Date delivered by Sulpicio Annex
Contrary to the claim of petitioner DPI, there is sufficient reason for Certification Lines and received by [the
the respondent COA to doubt and disregard the documentary Regional Secretary of
evidence presented by petitioner DPI as the FAIO found ARMM]
inconsistencies, discrepancies, and inaccuracies in the dates and
figures stated in the POs, DRs, SIs, and other documents. Pertinent September 8,
June 23, 1998 24
portions of the LSS-FAIO Report No. 2010-001 are quoted below: 1999
September 8,
2) Various inconsistencies/inaccuracies were noted in the July 2, 1998 25
1999
verification of documents submitted/attached to the claim showing
different dates, amounts, and signatories, casting doubt on the
authenticity of the documents and the transaction. Moreover, the dates of delivery and receipt in the said Certifications
do not agree with the dates of the two copies of Bill of Lading (BOL)
of June 25, 1998 and June 29, 1998 x x x. The BOL states that the
a) Three (3) copies of POs were issued with the same number but
books are supplementary books and reference materials and not
with three different amounts, received undated by [petitioner] DPI
textbooks as alleged;
and White Orchids Printing, indicating the absence of safeguards
against irregularities in the handling or substitution of vital
documents like PO. d) Five contradicting reports on receipt and acceptance of deliveries
and three sets of Inspection Reports by the Regional Secretary of
ARMM, indicate doubtful invoices and [DRs].
There were three copies of PO No. 075-PTB issued, all dated June 15,
1998 addressed to [petitioner DPI], one with a total amount of
₱63,638,750x x x was received undated by White Orchids Printing Four (4) sets of Reports on Receipt and Acceptance of the books by
and Publishing with an unidentified signature while the other two Regional Secretary x x x, DECS-ARMM, dated July 5, 1998 and July 7,
copies with two different amounts of ₱63,638,975 x x x and 1998, contained contradictory/conflicting facts and dates, as
₱63,638,032 x x x were received also undated by the [petitioner follows:
DPI]. The PO did not indicate the mode of procurement and the
place and date of delivery; Date of Delivery Date of Sales Date of Annex
Report on Receipt DR Invoice SI
Three checks were issued by the Ipil Branch to REMAD to serve as The persons found liable by the Auditor for the amount of
advanced payment for the cattle. REMAD, however, failed to supply ₱3,115,000.00 which was advanced to REMAD were the following
the cattle on the dates agreed upon. employees of the Ipil Branch:
In post audit, the Land Bank Auditor disallowed the amount of 1. Emmanuel B. Bartocillo – Department Manager II
₱3,115,000.00 under CSB No. 95-005 dated December 27, 1996 and
Notices of Disallowance Nos. 96-014 to 96-019 in view of the non-
delivery of the cattle.9Also made as the basis of the disallowance 2. George G. Hebrona – Chief, Loans and Discounts
was the fact that advanced payment was made in violation of bank Division
policies and COA rules and regulations. Specifically, the auditor
found deficiencies in the CFPs, to wit: 3. Petitioner Ruben A. Reyna – Senior Field Operations
Specialist
The Auditor commented that the failure of such loan projects
deprived the farmer-beneficiaries the opportunity to improve their 4. Petitioner Lloyd V. Soria – Loans and Credit Analyst II
economic condition.
5. Mary Jane T. Cunting11 – Cash Clerk IV
From the Credit Facilities Proposals (CFP), the Auditor noted the
following deficiencies. 6. Leona O. Cabanatan – Bookkeeper III/Acting
Accountant.12
xxxx
The same employees, including petitioners, were also made
4. No. 1 of the loan terms and conditions allowed prepayments respondents in a Complaint filed by the COA Regional Office No. IX,
without taking into consideration the interest of the Bank. Nowhere Zamboanga City, before the Office of the Ombudsman for Gross
in the documents reviewed disclosed about prepayment scheme with Negligence, Violation of Reasonable Office Rules and Regulations,
REMAD, the supplier/dealer. Conduct Prejudicial to the Interest of the Bank and Giving
Unwarranted Benefits to persons, causing undue injury in violation
There was no justification for the prepayment scheme. Such is a clear of Section 3(e) of Republic Act (R.A.) No. 3019, otherwise known as
deviation from existing procedures on asset financing under which the Anti-Graft and Corrupt Practices Act.13
the Bank will first issue a "letter guarantee" for the account of the
borrower. Payment thereof will only be effected upon delivery of On January 28, 1997, petitioners filed a Joint Motion for
asset, inspection and acceptance of the same by the borrower. Reconsideration claiming that the issuance of the Notice of
Disallowance was premature in view of the pending case in the
The prepayment arrangement also violates Section 88 of Office of the Ombudsman. The Motion was denied by the Auditor.
Presidential Decree (PD) No. 1445, to quote: Unfazed, petitioners filed an appeal with the Director of COA
Regional Office No. IX, Zamboanga City. On August 29, 1997, the
COA Regional Office issued Decision No. 97-001 affirming the
Prohibition against advance payment on government – Except with findings of the Auditor. On February 4, 1998, petitioners filed a
the prior approval of the President (Prime Minister), the government Motion for Reconsideration, which was denied by the Regional
shall not be obliged to make an advance payment for services not Office in Decision No. 98-00514 issued on February 18, 1998.
yet rendered or for supplies and materials not yet delivered under
any contract therefor. No payment, partial or final shall be made on
any such contract except upon a certification by the head of the Petitioners did not file a Petition for Review or a Notice of Appeal
agency concerned to have effect that the services or supplies and from the COA Regional Office Decision as required under Section 3,
On July 12, 1999, the Auditor sent a letter to the Land Bank Branch Hence, herein petition, with petitioners raising the following
Manager requiring him to record the disallowance in their books of grounds in support of the petition, to wit:
account. On August 10, 1999, petitioners sent a letter18 to COA
Regional Office No. IX, seeking to have the booking of the
RESPONDENT COA COMMITTED GRAVE ABUSE OF
disallowance set aside, on the grounds that they were absolved by
DISCRETION AMOUNTING TO LACK OF JURISDICTION IN
the Ombudsman in a February 23, 1999 Resolution,19 and that the
DECLARING THE PREPAYMENT STIPULATION IN THE
Bangko Sentral ng Pilipinas had approved the writing off of the
CONTRACT BETWEEN THE BANK AND REMAD PROSCRIBED
subject loans.
BY SECTION 103 OF P.D. NO. 1445, OTHERWISE KNOWN
AS THE STATE AUDIT CODE OF THE PHILIPPINES.
The February 23, 1999 Resolution of the Ombudsman was approved
by Margarito P. Gervacio, Jr. the Deputy Ombudsman for Mindanao,
RESPONDENT COA COMMITTED GRAVE ABUSE OF
the dispositive portion of which reads:
DISCRETION AMOUNTING TO LACK OF JURISDICTION FOR
HOLDING THE PETITIONERS ADMINISTRATIVELY LIABLE
WHERFORE, premises considered, the instant complaint is hereby FOR HAVING PROCESSED THE LOANS OF THE BORROWING
dismissed for lack of sufficient evidence. COOPERATIVES IN ACCORDANCE WITH THE BANK’S
MANUAL (FOG) LENDING OPERATIONS.
SO ORDERED.20
RESPONDENT COA COMMITTED GRAVE ABUSE OF
COA Regional Office No. IX endorsed to the Commission proper the DISCRETION AMOUNTING TO LACK OF JURISDICTION
matter raised by the petitioners in their August 10, 1999 letter. This WHEN IT HELD THE PETITIONERS LIABLE AND, THEREFORE,
is contained in its February 28, 2000 letter/endorsement,21 wherein IN EFFECT LIKEWISE OBLIGATED TO REFUND THE
the Director of COA Regional Office No. IX maintained his stand that DISALLOWED AMOUNT EVEN AS AMONG OTHER THINGS
the time for filing of a petition for review had already lapsed. The THEY ACTED IN EVIDENT GOOD FAITH. MORE SO, AS THE
Regional Director affirmed the disallowance of the transactions since COLLECTIBLES HAVE BEEN ALREADY EFFECTIVELY
the same were irregular and disadvantageous to the government, WRITTEN-OFF.28
notwithstanding the Ombudsman resolution absolving petitioners
from fault. The petition is not meritorious.
A perusal of the records would show that Land Bank Vice-President Writing-off loans and advances with an outstanding amount of one
Conrado B. Roxas sent a Memorandum40dated August 5, 1998 to the hundred thousand pesos or more shall require the prior approval of
Head of the Ipil Branch, advising them that the accounts subject of the Monetary Board (As amended by PD 71).
the present petition have been written-off, to wit:
It will, thus, be seen that LBP is a unique and specialized banking
We are pleased to inform you that Bangko Sentral ng Pilipinas (BSP) institution, not an ordinary "government agency" within the scope
in its letter dated July 20, 1998 has approved the write-off of your of Section 36 of Pres. Decree No. 1445. As a bank, it is specifically
recommended Agrarian Reform Loan Accounts and Commercial placed under the supervision and regulation of the Central Bank of
Loan Accounts as covered by LBP Board Resolution Nos. 98-291 and the Philippines pursuant to its Charter (Sec. 97, Rep. Act No. 3844, as
98-292, respectively, both dated June 18, 1998 x x x.41 amended by Pres. Decree No. 251). In so far as loans and advances
are concerned, therefore, it should be deemed primarily governed
The Schedule of Accounts for Write-Off42 attached to the August 5, by Central Bank Circular No. 958, Series of 1983, which vests the
1998 Memorandum shows that the same covered the two loans determination of the frequency of writing-off loans in the Board of
given to BARBEMCO, the two loans given to RTLim RMC, and the Directors of a bank provided that the loans written-off do not
only loan given to Tungawan PFPMC. The total amount approved for exceed a certain aggregate amount. The pertinent portion of that
write-off was ₱2,209,000.00.43 Moreover, petitioners contend that Circular reads:
the last loan given to SIFAMCO was also the subject of a write-off in
a similar advice given to the Buug Branch. The total approved write- b. Frequency/ceiling of write-off. The frequency for writing-off loans
off in the second Memorandum44 was for ₱906,000.00. and advances shall be left to the discretion of the Board of Directors
of the bank concerned. Provided, that the aggregate amount of
In its Comment,45 the COA argues that the fact that the audit loans and advances which may be written-off during the year, shall
disallowance was allegedly written-off is of no moment. Respondent in no case exceed 3% of total loans and investments; Provided,
further, that charge-offs are made against allowance for possible
losses, earnings during the year and/or retained earnings. 50
maintains that Section 66 of PD 144546 expressly granted unto it the
right to compromise monetary liabilities of the government.47 The
COA, thus, theorizes that without its approval, the alleged write-off While the power to write-off is not expressly granted in the charter
is ineffectual. The same argument was reiterated by the COA in its of the Land Bank, it can be logically implied, however, from the Land
Memorandum.48 Bank's authority to exercise the general powers vested in banking
institutions as provided in the General Banking Act (Republic Act
337). The clear intendment of its charter is for the Land Bank to be
The COA’s argument deserves scant consideration.
clothed not only with the express powers granted to it, but also with
those implied, incidental and necessary for the exercise of those
A write-off is a financial accounting concept that allows for the express powers.51
reduction in value of an asset or earnings by the amount of an
expense or loss. It is a means of removing bad debts from the
In the case at bar, it is thus clear that the writing-off of the loans
financial records of the business.
involved was a valid act of the Land Bank. In writing-off the loans,
the only requirement for the Land Bank was that the same be in
In Land Bank of the Philippines v. Commission on Audit,49 this Court accordance with the applicable Bangko Sentral circulars, it being
ruled that Land Bank has the power and authority to write-off loans, under the supervision and regulation thereof. The Land Bank
to wit: recommended for write-off all six loans granted to the cooperatives,
and it is worthy to note that the Bangko Sentral granted the same.
LBP was created as a body corporate and government The write-offs being clearly in accordance with law, the COA should,
instrumentality to provide timely and adequate financial support in therefore, adhere to the same, unless under its general audit
all phases involved in the execution of needed agrarian reform (Rep. jurisdiction under PD 1445, it finds that under Section 25(1) the
Act No. 3844, as amended, Sec. 74). Section 75 of its Charter vests in fiscal responsibility that rests directly with the head of the
LBP specific powers normally exercised by banking institutions, such government agency has not been properly and effectively
as the authority to grant short, medium and long-term loans and discharged.
advances against security of real estate and/or other acceptable
assets; to guarantee acceptance(s), credits, loans, transactions or On this note, the reliance of respondent on Section 66 of PD 1445 is
obligations; and to borrow from, or rediscount notes, bills of baseless as a reading thereof would show that the same does not
exchange and other commercial papers with the Central Bank. In
Section 36. Power to compromise claims. - Furthermore, write-off cannot be likened to a novation, since the
obligations of both parties have not been modified.55 When a write-
1. When the interest of the government so requires, the off occurs, the actual worth of the asset is reflected in the books of
Commission may compromise or release in whole or in accounts of the creditor, but the legal relationship between the
part, any claim or settled liability to any government creditor and the debtor still remains the same – the debtor
agency not exceeding ten thousand pesos and with the continues to be liable to the creditor for the full extent of the unpaid
written approval of the Prime Minister, it may likewise debt.
compromise or release any similar claim or liability not
exceeding one hundred thousand pesos, the application Based on the foregoing, as creditor, Land Bank may write-off in its
for relief therefrom shall be submitted, through the books of account the advance payment released to REMAD in the
Commission and the Prime Minister, with their interest of accounting accuracy given that the loans were already
recommendations, to the National Assembly. uncollectible. Such write-off, however, as previously discussed, does
not equate to a release from liability of petitioners.
2. The respective governing bodies of government-owned
or controlled corporations, and self-governing boards, Accordingly, the Land Bank Ipil Branch must be required to record in
commissions or agencies of the government shall have its books of account the Php3,115,000.00 disallowance, and
the exclusive power to compromise or release any similar petitioners, together with their four co-employees,56 should be
claim or liability when expressly authorized by their personally liable for the said amount. Such liability, is, however,
charters and if in their judgment, the interest of their without prejudice to petitioners’ right to run after REMAD, to whom
respective corporations or agencies so requires. When the they illegally disbursed the loan, for the full reimbursement of the
charters do not so provide, the power to compromise shall advance payment for the cattle as correctly ruled by the COA in its
be exercised by the Commission in accordance with the July 17, 2003 Decision.57
preceding paragraph.
On a final note, it bears to point out that a cursory reading of the
x x x x52 Ombudsman's resolution will show that the complaint against
petitioners was dismissed not because of a finding of good faith but
Under Section 36, the use of the word "may" shows that the power because of a finding of lack of sufficient evidence. While the
of the COA to compromise claims is only permissive, and not evidence presented before the Ombudsman may not have been
mandatory. Further, the second paragraph of Section 36 clearly sufficient to overcome the burden in criminal cases of proof beyond
states that respective governing bodies of government-owned or reasonable doubt,58 it does not, however, necessarily follow, that
controlled corporations, and self-governing boards, commissions or the administrative proceedings will suffer the same fate as only
agencies of the government shall have the exclusive power to substantial evidence is required, or that amount of relevant
compromise or release any similar claim or liability when expressly evidence which a reasonable mind might accept as adequate to
authorized by their charters. Nowhere in Section 36 does it state justify a conclusion.59
that the COA must approve a compromise made by a government
agency; the only requirement is that it be authorized by its charter. An absolution from a criminal charge is not a bar to an
It, therefore, bears to stress that the COA does not have the administrative prosecution or vice versa.60 The criminal case filed
exclusive prerogative to settle and compromise liabilities to the before the Office of the Ombudsman is distinct and separate from
Government. the proceedings on the disallowance before the COA. So also, the
dismissal by Margarito P. Gervacio, Jr., Deputy Ombudsman for
The foregoing pronouncements notwithstanding, this Court rules Mindanao, of the criminal charges against petitioners does not
that writing-off a loan does not equate to a condonation or release necessarily foreclose the matter of their possible liability as
of a debt by the creditor. warranted by the findings of the COA.
As an accounting strategy, the use of write-off is a task that can help In addition, this Court notes that the Ombudsman's Resolution relied
a company maintain a more accurate inventory of the worth of its on an alleged "April 6, 1992 Memorandum of the Field Loans Review
current assets. In general banking practice, the write-off method is Department" which supposedly authorized the Field Offices to
used when an account is determined to be uncollectible and an undertake a prepayment scheme. On the other hand, the same
uncollectible expense is recorded in the books of account. If in the Ombudsman's Resolution also made reference to a "January 19,
future, the debt appears to be collectible, as when the debtor 1994 Memorandum of EVP Diaz" and a "May 31, 1994
becomes solvent, then the books will be adjusted to reflect the Memorandum of VP FSD" which tackled the prohibition on advance
amount to be collected as an asset. In turn, income will be credited payment to suppliers. All these documents, however, were again not
by the same amount of increase in the accounts receivable. attached to the records of the case at bar. Particularly, the supposed
"April 6, 1992 Memorandum of the Field Loans Review Department"
was not even mentioned nor raised by petitioners as a defense in
Write-off is not one of the legal grounds for extinguishing an
herein petition.1awphil
obligation under the Civil Code.53 It is not a compromise of liability.
Neither is it a condonation, since in condonation gratuity on the part
of the obligee and acceptance by the obligor are required.54 In The decisions and resolutions emanating from the COA did not
making the write-off, only the creditor takes action by removing the tackle the supposed April 6, 1992 Memorandum of the Field Loans
Review Department which allegedly authorized the Field Offices to
Petitioners' allegation of grave abuse of discretion by the COA On December 4, 2001, the Office of the Government Corporate
implies such capricious and whimsical exercise of judgment as is Counsel denied the request.8 Clark Development Corporation then
equivalent to lack of jurisdiction or, in other words, the exercise of filed a request for reconsideration.9
the power in an arbitrary manner by reason of passion, prejudice, or
personal hostility; and it must be so patent or gross as to amount to
On May 20, 2002, the Office of the Government Corporate Counsel,
an evasion of a positive duty or to a virtual refusal to perform the
through Government Corporate Counsel Amado D. Valdez
duty enjoined or to act at all in contemplation of law.61 It is
(Government Corporate Counsel Valdez), reconsidered the request
imperative for petitioners to show caprice and arbitrariness on the
and approved the engagement of Laguesma Magsalin Consulta and
part of the COA whose exercise of discretion is being assailed. Proof
Gastardo.10 It also furnished Clark Development Corporation a copy
of such grave abuse of discretion, however, is wanting in this case.
of a pro-forma retainership contract11 containing the suggested
terms and conditions of the retainership.12 It instructed Clark
WHEREFORE, premises considered, the petition is DENIED. Decision Development Corporation to submit a copy of the contract to the
No. 2003-107 dated July 17, 2003 and Resolution No. 2004-046 Office of the Government Corporate Counsel after all the parties
dated December 7, 2004, of the Commission on Audit, are hereby concerned have signed it.13
AFFIRMED.
In the meantime, Laguesma Magsalin Consulta and Gastardo
SO ORDERED. commenced rendering legal services to Clark Development
Corporation. At this point, Clark Development Corporation had yet
5. Same lang sa no. 2 to secure the authorization and clearance from the Office of the
6. The Law Firm of LaguesmaMagsalinConsulta and Government Corporate Counsel or the concurrence of the
Gastardo vs COA G.R. No. 185544, January 13, 2015 Commission on Audit of the retainership contract. According to the
law firm, Clark Development Corporation’s officers assured the law
EN BANC firm that it was in the process of securing the approval of the
Commission on Audit.14
G.R. No. 185544 January 13, 2015
On June 28, 2002, Clark Development Corporation, through its Board
of Directors, approved Laguesma Magsalin Consulta and Gastardo’s
THE LAW FIRM OF LAGUESMA MAGSALIN CONSULTA AND
engagement as private counsel.15 In 2003, it also approved the
GASTARDO, Petitioner,
assignment of additional labor cases to the law firm.16
vs.
THE COMMISSION ON AUDIT and/or REYNALDO A. VILLAR and
JUANITO G. ESPINO, JR. in their capacities as Chairman and On July 13, 2005, Clark Development Corporation requested the
Commissioner, respectively, Respondents. Commission on Audit for concurrence of the retainership contract it
executed with Laguesma Magsalin Consulta and
Gastardo.17 According to the law firm, it was only at this pointwhen
DECISION
Clark Development Corporation informed them that the Commission
on Audit required the clearance and approval of the Office of the
LEONEN, J.: Government Corporate Counsel before it could approve the release
of Clark Development Corporation’s funds to settle the legal fees
When a government entity engages the legal services of private due to the law firm.18
counsel, it must do so with the necessary authorization required by
law; otherwise, its officials bind themselves to be personally liable On August 5, 2005, State Auditor IVElvira G. Punzalan informed Clark
for compensating private counsel’s services. Development Corporation that itsrequest for clearance could not be
acted upon until the Office of the Government Corporate Counsel
This is a petition1 for certiorari filed pursuant to Rule XI, Section 1 of approves the retainership contract with finality.19
the 1997 Revised Rules of Procedure of the Commission on Audit.
The petition seeks to annul the decision2 dated September 27, 2007 On August 10, 2005, Clark Development Corporation sent a
and resolution3 dated November 5, 2008 of the Commission on letterrequest to the Office of the Government Corporate Counsel for
Audit, which disallowed the payment of retainer fees to the law firm the final approval of the retainership contract, in compliance with
of Laguesma Magsalin Consulta and Gastardo for legal services the Commission on Audit’s requirements.20
rendered to Clark Development Corporation.4
On December 22, 2005, GovernmentCorporate Counsel Agnes VST
Devanadera (Government Corporate Counsel Devanadera) denied
Rule 64 Full Text Cases andm31 of 37
Clark Development Corporation’s request for approval on the To resolve this issue, however, several procedural and substantive
ground that the proforma retainership contract given to them was issues must first be addressed:
not "based on the premise that the monthly retainer’s fee and
concomitant charges are reasonable and could pass in audit by Procedural:
COA."21 She found that Clark Development Corporation adopted
instead the law firm’s proposals concerning the payment of a
1. Whether the petition was filed on time; and
retainer’s fee on a per case basis without informing the Office of the
Government Corporate Counsel. She, however, ruled that the law
firm was entitled to payment under the principle of quantum 2. Whether petitioner is the real party-in-interest.
meruitand subject to Clark Development Corporation Board’s
approval and the usual government auditing rules and regulations. 22 Substantive:
On December 27, 2005, Clark Development Corporation relayed 1. Whether the Commission on Audit erred in denying
Government Corporate Counsel Devanadera’s letter to the Clark Development Corporation’s requestfor clearance in
Commission’s Audit Team Leader, highlighting the portion on the engaging petitioner as private counsel;
approval of payment to Laguesma Magsalin Consulta and Gastardo
on the basis of quantum meruit.23 2. Whether the Commission on Audit correctly cited
Polloso v. Gangan35 and PHIVIDEC Industrial Authority v.
On November 9, 2006, the Commission on Audit’s Office of the Capitol Steel Corporation36 in support of its denial; and
General Counsel, Legal and Adjudication Sector issued a "Third
Indorsement"24 denying Clark Development Corporation’s request 3. Whether the Commission on Audit erred in ruling that
for clearance, citing its failure to secure a prior written concurrence petitioner should not be paid on the basis of quantum
of the Commission on Audit and the approval with finality of the meruitand that any payment for its legal services should
Office of the Government Corporate Counsel.25 It also stated that its be the personal liability of Clark Development
request for concurrence was made three (3) years after engaging the Corporation’s officials.
legal services of the law firm.26
Respondents also allege that it was only on July 13, 2005, or three
Clark Development Corporation and Laguesma Magsalin Consulta (3) years after the hiring of petitioner, when Clark Development
and Gastardo separately filed motions for reconsideration,30 which Corporation requested the Commission on Audit’s concurrence of
the Commission on Audit denied in the assailed resolution dated the retainership contract between Clark Development Corporation
November 5, 2008. The resolution also disallowed the payment of and petitioner.43 They argue that the retainership contract was not
legal fees to the law firm on the basis of quantum meruitsince the approved with finality by the Office of the Government Corporate
Commission on Audit Circular No. 86-255 mandates that the Counsel.44 Further, Polloso and PHIVIDE Care applicable to this case
engagementof private counsel without prior approval "shall be a since both cases involve the "indispensability of [the] prior written
personal liability of the officials concerned."31 concurrence of both [the Office of the Government Corporate
Counsel] and the [Commission on Audit] before any [government-
Laguesma Magsalin Consulta and Gastardo filed this petition for owned and controlled corporation] can hire an external counsel."45
certiorari on December 19, 2008.32 Respondents, through the Office
of the Solicitor General, filed their comment33 dated May 7, 2009. In its reply,46 petitioner argues that it is a real party-in-interest since
The reply34 was filed on September 1, 2009. "it rendered its services to [Clark Development Corporation], which
ultimately redounded to the benefit of the Republic"47 and that "it
The primordial issue to be resolved by this court is whether the deserves to be paid what is its due as a matter of right."48 Petitioner
Commission on Audit erred in disallowing the payment of the legal also reiterates its argument that Polloso and PHIVIDE Care not
fees to Laguesma Magsalin Consulta and Gastardo as Clark applicable to this case since the factual antecedents are not the
Development Corporation’s private counsel. same.49
According to these rules and regulations, the general rule is that In view of Clark Development Corporation’s failure to secure the
government-owned and controlled corporations must refer all their final conformity and acquiescence of the Office of the Government
legal matters to the Office of the Government Corporate Counsel. It Corporate Counsel, its retainership contract with petitioner could
is only in "extraordinary or exceptional circumstances" or not have been considered as authorized.
"exceptional cases" that it is allowed to engage the services of
private counsels.
The concurrence of respondents was also not secured by Clark
Development Corporation priorto hiring petitioner’s services. The
Petitioner claims that it was hired by Clark Development corporation only wrote a letter-request to respondents three (3)
Corporation due to "numerous labor cases which need urgent years after it had engaged the services of petitioner as private legal
attention[.]"68 In its request for reconsideration to the Office of the counsel.
Government Corporate Counsel, Clark Development Corporation
claims that it was obtaining the services of petitioner "acting
The cases that the private counsel was asked to manage are not
through Atty. Ariston Vicente R. Quirolgico, known expert in the field
beyond the range of reasonable competence expected from the
of labor law and relations."69
Office of the Government Corporate Counsel. Certainly, the issues
do not appear to be complex or of substantial national interest to
The labor cases petitioner handled were not of a complicated or merit additional counsel. Even so, there was no showing that the
peculiar nature that could justify the hiring of a known expert in the delays in the approval also were due to circumstances not
field. On the contrary, these appear to be standard labor cases of attributable to petitioner nor was there a clear showing that there
illegal dismissal and collective bargaining agreement was unreasonable delay in any action of the approving authorities.
negotiations,70 which Clark Development Corporation’s lawyers or
Rule 64 Full Text Cases andm35 of 37
Rather, it appears that the procurement of the proper hiring can be done. And third, the written concurrence of the COA
authorizations was mere afterthought. must also be secured prior to the hiring.80 (Emphasis supplied)
Respondents, therefore, correctly denied Clark Development The same ruling was likewise reiterated in Vargas v. Ignes,81 wherein
Corporation’s request for clearance in the disbursement of funds to this court stated:
pay petitioner its standing legal fees.
Under Section 10, Chapter 3, Title III, Book IV of the Administrative
Polloso v. Ganganand PHIVIDEC Code of1987, it is the OGCC which shall act as the principal law office
Industrial Authority v. Capitol Steel of all GOCCs. And Section 3 of Memorandum Circular No. 9, issued
Corporationapply in this case by President Estrada on August 27, 1998, enjoins GOCCs to refrain
from hiring private lawyers or law firms to handle their cases and
Petitioner argues that Polloso does not apply since the denial was legal matters. But the same Section 3 provides that in exceptional
based on the "absence of a written authority from the OSG or cases, the written conformity and acquiescence of the Solicitor
OGCC[.]"74 It also argues that the PHIVIDEC case does not apply since General or the Government Corporate Counsel, as the case may be,
"the case [was] represented by a private lawyer whose engagement and the written concurrence of the COA shall first be secured before
was secured without the conformity of the OGCC andthe the hiring or employment of a private lawyer or law firm. In Phividec
COA."75 Petitioner argues that, unlike these cases, Clark Industrial Authority v. Capitol Steel Corporation, we listed three (3)
Development Corporation was able to obtain the written conformity indispensable conditions before a GOCC can hirea private lawyer: (1)
of the Office of the Government Corporate Counsel to engage private counsel can only be hired in exceptional cases; (2) the GOCC
petitioner’s services. must first secure the written conformity and acquiescence of the
Solicitor General or the Government Corporate Counsel, as the case
may be; and (3) the written concurrence of the COA must also be
In Polloso, the legal services of Atty. Benemerito A. Satorre were
secured.82 (Emphasis supplied) On the basis of Pollosoand PHIVIDEC,
engaged by the National Power Corporation for its Leyte-Cebu and
petitioner’s arguments are unmeritorious.
Leyte Luzon Interconnection Projects.76 The Commission on Audit
disallowed the payment of services to Atty. Satore on the basis of
quantum meruit, citing Commission on Audit Circular No. 86-255 Petitioner fails to understand that Commission on Audit Circular No.
dated April 2, 1986.77 In upholding the disallowance by the 86-255 requires not only the conformity and acquiescence of the
Commission on Audit, this court ruled: Office of the Solicitor General or Office of the Government
Corporate Counsel but also the written conformity of the
Commission on Audit. The hiring of private counsel becomes
It bears repeating that the purpose of the circular is to curtail the
unauthorized if it is only the Office of the Government Corporate
unauthorized and unnecessary disbursement of public funds to
Counsel that gives its conformity. The rules and jurisprudence
private lawyers for services rendered to the government. This is in
expressly require that the government-owned and controlled
line with the Commission on Audit’s constitutional mandate to
corporation concerned must also secure the concurrence of
promulgate accounting and auditing rules and regulations including
respondents.
those for the prevention and disallowance of irregular, unnecessary,
excessive, extravagant or unconscionable expenditures or uses of
government fundsand properties. Having determined the intent of It is also erroneous for petitioner to assume that it had the
the law, this Court has the imperative duty to give it effect even if conformity and acquiescence of the Office of the Government
the policy goes beyond the letter or words of the statute. Corporate Counsel since Government Corporate Counsel Valdez’s
approval of Clark Development Corporation’s request was merely
conditional on its submission of the retainership contract. Clark
Hence, as the hiring of Atty. Satorre was clearly done without the
Development Corporation’s failure to submit the retainership
prior conformity and acquiescence of the Office of the Solicitor
contract resulted in itsfailure to securea final approval.
General or the Government Corporate Counsel, as well as the
written concurrence of the Commission on Audit, the payment of
fees to Atty. Satorre was correctly disallowed in audit by the COA. 78 The Commission on Audit did not
commit grave abuse of discretion in
disallowing the payment to
In PHIVIDEC, this court found the engagement by PHIVIDEC
petitioner on the basis of quantum
Industrial Authority, a government-owned and controlled
meruit
corporation, of Atty. Cesilo Adaza’s legal services to be unauthorized
for the corporation’s failure to secure the written conformity of the
Office of the Government Corporate Counsel and the Commission When Government Corporate Counsel Devanadera denied Clark
on Audit.79Citing the provisions of Office of the President Development Corporation’s request for final approval of its legal
Memorandum Circular No. 9, this court ruled that: services contracts, she, however, allowed the payment to petitioner
for legal services already rendered on a quantum meruitbasis.83
[i]t was only with the enactment of Memorandum Circular No. 9 in
1998 that an exception to the general prohibition was allowed for Respondents disallowed Clark Development Corporation from
the first time since P.D. No. 1415 was enacted in 1978. However, paying petitioner on this basis as the contract between them was
indispensable conditions precedent were imposed before any hiring executed "in clear violation of the provisions of COA Circular No. 86-
of private lawyer could be effected. First, private counsel can be 255 and OP Memorandum Circular No. 9[.]"84 It then ruled that the
hired only in exceptional cases. Second, the GOCC must first secure retainership contract between them should be deemed a private
the written conformity and acquiescence of the Solicitor General or contract for which the officials of Clark Development Corporation
the Government Corporate Counsel, as the case may be, before any should be liable, citing Section 10385 of Presidential Decree No.
It was, thus, erroneous for Government Corporate Counsel WHEREFORE, the petition is DISMISSED without prejudice to
Devanadera to bind Clark Development Corporation, a government petitioner filing another action against the proper parties.
entity, to pay petitioner on a quantum meruit basis for legal
services, which were neither approved nor authorized by the
SO ORDERED.
government. Even granting that petitioner ought to be paid for
services rendered, it should not be the government’s liability, but
that of the officials who engaged the services of petitioner without
the required authorization. The amendment of Commission on