Case Digest (G.R. No. 103982)
Facts:
Antonio A. Mecano v. Commission on Audit, G.R. No. 103982, December 11, 1992, the Supreme Court En Banc, Campos, Jr., J., writing for the Court. Petitioner Antonio A. Mecano, a Director II of the National Bureau of Investigation (NBI), sought reimbursement of P40,831.00 for medical and hospital expenses incurred during hospitalization for cholecystitis from March 26 to April 7, 1990, invoking Section 699 of the Revised Administrative Code (RAC) as authority.On May 11, 1990 Mecano submitted a memorandum to NBI Director Alfredo S. Lim seeking reimbursement. Director Lim, by a 1st Indorsement dated June 22, 1990, forwarded the claim to the Secretary of Justice with a recommendation for favorable action; the Department of Justice Committee on Physical Examination also found the illness service-connected and recommended payment. In a 4th Indorsement dated November 21, 1990, Undersecretary Silvestre H. Bello III returned the claim to Director Lim after considering a 5th Indorsement by the COA Chairman (dated September 19, 1990) asserting that the RAC had been repealed by the Administrative Code of 1987.
Petitioner re-submitted the claim with a copy of Opinion No. 73, S. 1991 of Secretary of Justice Franklin M. Drilon (April 26, 1991), which stated that the Administrative Code of 1987 did not wholly repeal the RAC, including Section 699. Director Lim again transmitted the claim (5th Indorsement, May 10, 1991); Secretary Drilon, by a 6th Indorsement (July 2, 1991), forwarded and recommended payment to COA. COA Chairman Eufemio C. Domingo, however, denied the claim in his 7th Indorsement dated January 16, 1992 on the ground that Section 699 was not restated in the 1987 Code and therefore had been repealed, suggesting instead filing with the Employees’ Compensation Commission. Undersecretary Eduardo Montenegro returned the matter to Director Lim (9th Indorsement, Feb. 7, 1992) advising petitioner to elevate the matter to the Supreme Court...(Subscriber-Only)
Issues:
- Did the Administrative Code of 1987 repeal or abrogate Section 699 of the Revised Administrative Code?
- If Section 699 remains effective, does recovery under the Employees' Compensation Program bar recovery under Section 6...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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