Case Digest (G.R. No. 251967)
Facts:
The case involves Bernadette Lourdes B. Abejo, the Executive Director of the Inter-Country Adoption Board (ICAB), as the petitioner, and the Commission on Audit (COA), represented by Chairperson Michael Aguinaldo, as the respondent. The events leading to this case began when the ICAB, established under Republic Act No. 8043, was tasked with overseeing inter-country adoptions in the Philippines. Between 2008 and 2010, the ICAB experienced a surge in inquiries and applications from prospective adoptive parents (PAPs), necessitating additional work from its members. To address this increased workload, Undersecretary Luwalhati F. Pablo, acting as the Alternate Chairperson of ICAB, issued memoranda in August 2008 and April 2009, granting ICAB members additional remuneration for reviewing PAPs Dossiers. The remuneration was initially set at P250.00 per application and later increased to P500.00.
However, an audit conducted by the COA led to the issuance of Notice of Disallowance ...
Case Digest (G.R. No. 251967)
Facts:
Creation and Composition of ICAB: The Inter-Country Adoption Board (ICAB) was established under Republic Act No. 8043 (the Inter-Country Adoption Act of 1995) to serve as the central authority for inter-country adoption. It is composed of the Secretary of the Department of Social Welfare and Development (DSWD) as ex-officio Chairman and six other members appointed by the President.
Additional Work for ICAB Members: From 2008 to 2010, due to a heavy volume of inquiries and applications from prospective adoptive parents (PAPs), the members of ICAB were tasked with reviewing PAPs Dossiers. This task was originally the responsibility of the Inter-Country Adoption Placement Committee (ICPC).
Additional Remuneration: To compensate ICAB members for their additional work, Undersecretary Luwalhati F. Pablo issued memoranda in August 2008 and April 2009, granting ICAB members P250.00 and later P500.00 for each dossier reviewed.
Notice of Disallowance: The Commission on Audit (COA) issued Notice of Disallowance (ND) No. 2011-009-101-(08-10) on April 4, 2011, disallowing the payment of P162,855.00 in additional remuneration to ICAB members. The disallowance was based on the lack of legal basis for the grant, the violation of DBM Budget Circular No. 2003-5 and Section 49 of RA 9970, and the limit set by Section 5 of RA 8043, which allows only a per diem of P1,500.00 per meeting.
Petitioner’s Appeal: Bernadette Lourdes B. Abejo, the Executive Director of ICAB and the approving officer, appealed the disallowance. She argued that the additional remuneration was fair, as it compensated ICAB members for work outside their regular functions. She also claimed good faith in approving the payments.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
Illegality of Additional Remuneration: Government officials performing additional work outside their regular functions must be compensated in accordance with applicable laws and rules. The additional remuneration granted to ICAB members violated RA 8043 and DBM Circular No. 2003-5.
Good Faith Defense: Approving and certifying officers who act in good faith and in the regular performance of their official functions are not liable to return disallowed amounts. Petitioner’s actions were consistent with good faith, as there was no bad faith, malice, or gross negligence.
Finality of Exoneration of Recipients: The exoneration of ICAB members who received the additional remuneration was final and could no longer be disturbed, as it was not raised as an issue in the case.