SC upholds COA ruling vs allowances of NHA execs
INQUIRER FILE PHOTO
MANILA, Philippines — The Supreme Court has upheld the Commission on Audit (COA) decision ordering officials and employees of the National Housing Authority (NHA) to return the allowances and bonuses they illegally received from 2008 to 2009 amounting to P367.8 million.
“The approving and certifying officers are solidarily liable for the return of the disallowed amounts in accordance with the notices of disallowance, while the payee-recipients are individually liable for the return of the amounts they respectively received,” the high court said in a 21-page decision penned by Associate Justice Ricardo Rosario and released recently.
The high tribunal unanimously dismissed for lack of merit the petition filed by NHA officials and employees seeking the reversal of the COA’s decision issued on Jan. 26, 2018.
The COA held that the grant of incentives, bonuses and allowances violated Section 12 of Republic Act (RA) No. 6758, or An Act Prescribing a Revised Compensation and Position Classification System in the Government and for Other Purposes, directing heads of government-owned and -controlled corporations, government financial institutions to implement pay rationalization in all senior positions.
No abuse of discretion
According to the high court, the COA’s decision “is consistent with the prevailing laws and jurisprudence.”
It stressed that COA did not commit grave abuse of discretion in affirming the disallowances.
The COA also correctly ruled that NHA board’s power to fix and grant additional compensation to its officials and employees under the Presidential Decree (PD) No. 757 had already been repealed by section 16 of RA 6758, or the Compensation and Position Classification Act of 1989, the high court said.
“It cannot be said that the members of the NHA BOD acted in the honest belief that the benefits and allowances given were due to the recipients. RA 6758 and PD 1597 (Further Rationalizing the System of Compensation and Position Classification in the National Government) are explicit that the NHA BOD is bereft of power to grant and increase the amount of the allowances,” the high court said.
