Tetangco, Jr. COA
Tetangco, Jr. COA
COA
Gr No. 215061
June 6, 2017;
TIJAM, J.
Facts
This case stemmed from the COA's act of disallowing the Extraordinary and
Miscellaneous Expenses (EMEs) of the ex officio members of the Monetary Board
(MBM), allegedly in violation of their respective constitutional rights. Petitioner Amando
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, 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.''
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. 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 jurisdictionFor 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
Simply, the core issue boils down to whether or not the COA gravely abused its
discretion when it disallowed the EMEs of the ex officio MBM.
Ruling
We rule in the negative. In disallowing the EMEs of the ex officio MBM, COA did
not abuse the exercise of its discretion as its denial was grounded on the law, facts and
circumstances that would warrant such disallowance arising from the following
observations:
The nature of EME, however, was not the foremost reason for the disallowance,
but the limitations imposed by law in availing such allowance. x x x 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.
Absent any showing that COA capriciously, arbitrarily or whimsically exercised its
discretion that would be tantamount to evasion of a positive duty or a virtual refusal to
perform the duty or to act at all in contemplation of law resulting to the prejudice of the
rights of the claimants, the Court finds no reason to set aside its decision.
In the absence of grave abuse of discretion; the factual findings of the COA, which are
undoubtedly supported by the evidence on record, must be accorded great respect and
finality. COA, as the duly authorized agency to adjudicate money claims against
government agencies and instrumentalities has acquired special knowledge and
expertise in handling matters falling under its specialized jurisdiction.
Verily, the Court has sustained the decisions of administrative authorities like the COA
as a matter of general policy, not only on the basis of the doctrine of separation of
powers but also upon the recognition that such administrative authorities held the
expertise as to the laws they are entrusted to enforce. The Court has accorded not
only respect but also finality to their findings especially when their decisions are not
tainted with unfairness or arbitrariness that would amount to grave abuse of
discretion. Only when the COA acted without or in excess of jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction, may this Court entertain
and grant a petition for certiorari brought to assail its actions. However, we find no grave
abuse of discretion on the part of the COA in issuing the assailed decision.
Anent petitioners' defense of good faith in approving the grant of EMEs to the ex
officio members of the Monetary Board, this Court opines that said defense is
unavailing.