Amando M. Tetangco, Jr., et al. Vs. Commission on Audit
G.R. No. 215061
June 6, 2017
FACTS
This case stemmed from the COA's act of disallowing theExtraordinary and Miscellaneous Expenses (EMEs) of the ex officio members of the Monetary Board (MBM), allegedly in violation of their respective constitutional rights.
Petitioner Amanda M. Tetangco, Jr., (Tetangco Jr.) is the Governor of the Banko Sentral ng Pilipinas (BSP). Petitioners Peter B. Favila (Favila), Juanita D. Amatong (Amatong), Nelly A. Favis-Villafuerte (Favis-Villafuerte ), Alfredo C. Antonio (Antonio) and Ignacio R. Bunye (Bunye). Were the MBM at the time that the allowance• for EMEs was approved. Petitioners Marie Michelle N. Ong (Ong), Bella M. Prudencio (Prudencio), Esmegardo S. Reyes (Reyes) and Ma. Corazon G. Catarroja (Catarroja) were employees of the BSP who participated in the processing and approval of the EME.
COA's March 23, 2010 Decision No. 2010-048, 8 on the Performance Audit Report on the allocation and utilization of EME of the MBM, stated, among others, that " x x x the ex-officio member of the Monetary Board x x x shall not be entitled to additional EMEs, other than that appropriated for him or her under the GAA as a cabinet member x x x."9
Pursuant to this Decision, COA conducted an actual audit of the specific accounts that allegedly exceeded the prescribed limitations and/or were not properly documented/justified.
As a consequence, the EMEs of MBM Neri and Favila were disallowed and became the subject of ND dated August 13, 2010. Eventually, the MBM and BSP personnel, which include the petitioners, were held personally liable under ND Nos. 10-004 GF (2007-2008) and 10- 004 GF (2007-2009).
Petitioners filed a Motion for Reconsideration and/or Appeal with the COA Director on May 26, 2011, but the same was denied. They filed a Petition for Review 10 with the COA, but the same was likewise denied in the COA's December 23, 2013 Decision No. 2013-227. 11
With their Motion for Reconsideration and Supplemental Motion for Reconsideration having been denied in the COA's Resolution dated August 12, 2014, they filed the instant petition.
The petitioners alleged that the COA acted without or in excess of its jurisdiction, and/or with grave abuse of discretion amounting to lack or excess of jurisdiction: (A) in disallowing the EMEs of the ex officio MB Ms: (1) because the March 23, 2010 COA Decision No. 2010-048, should not be applied since the disallowed EMEs were incurred by the ex officio MBMs in the years 2007, 2008 and 2009, which years are prior to the date of finality (May 5, 2010) of the •said decision; (2) since as MBMs, they incur extraordinary and miscellaneous expenses in the discharge of their functions, separate and distinct from the expenses they incur in relation to their • principal office; (3) since it cannot be said that the MB Ms failed to exercise the highest degree of responsibility in approving the grant of EMEs; (4) since it violates the equal protection clause under Article III, Section 1 of the 1987 Constitution; and (B) in including Petitioner Favila as one of the persons solidarily liable under ND No. 10-004 GF (2007-2008), despite the fact that he had no participation in the approval of the EMEs covered by the ND.
For its part, the COA countered that: Petitioners failed to show grave abuse of discretion on the part of COA in rendering its assailed Decision and subsequent Resolution; COA did not gravely abuse its discretion in disallowing the EMEs of the ex officio MBM, because the allowances were based on the applicable laws, jurisprudence, rules and regulations; the defense of good faith in approving the grant of EMEs to the ex officio MBM with reliance on BSP's independence and autonomy is unavailing; there was no violation of the equal protection clause in the subject disallowances; and petitioner Favila is solidarily liable with other officials of the BSP under ND No. 10-004 GF (2007-2009) because he was a member of the Monetary Board and also the recipient of the irregular EMEs.
ISSUE
Whether or not the COA gravely abused its discretion when it disallowed the EMEs of the ex officio MBM.
HELD
No, The nature of EME, however, was not the foremost reason for the disallowance, but the limitations imposed by law in availing such allowance. the ex officio members of the Monetary Board are entitled to EMEs to the extent of that appropriated in the General Appropriations Act (GAA). Since the ex officio members already received their EMEs from their respective Departments (as appropriated in the GAA), the additional EMEs from BSP are no longer necessary. It must be stressed that the ex officio position is actually and, in legal contemplation, part of the principal office; hence, the ex officio member is no longer entitled to receive any form of compensation, allowance or other euphemism from the extended agency. we quote the pertinent discussion of the subject COA Decision: [Emphasis .Supplied.]
In fact, the ex officio membership of the cabinet member in the Monetary Board does not comprise 'another office' but rather annexed to or is required by the primary functions of his or her official position as cabinet member. Of equal significance, too, is that the ex officio member of the Monetary Board already receives separate appropriations under the GAA for EMEs, he or she being a member of the cabinet. Being such, it is highly irregular that the said ex officio member of the Monetary Board, who performs only additional duties by virtue of his or her primary functions, will be provided with additional EMEs, which in this case, appear much higher than his or her appropriations for the same expenses under the GAA as a cabinet member.
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