Title
Mecano vs. Commission on Audit
Case
G.R. No. 103982
Decision Date
Dec 11, 1992
NBI director seeks reimbursement for medical expenses; SC rules Administrative Code of 1987 did not repeal Section 699 RAC, granting his claim.

Case Digest (G.R. No. 103982)
Expanded Legal Reasoning Model

Facts:

  • Parties and Jurisdiction
    • Antonio A. Mecano, petitioner, is a Director II of the National Bureau of Investigation (NBI).
    • The Commission on Audit (COA) is the respondent agency that denied his claim.
  • Chronology of Claim and Proceedings
    • Mecano was hospitalized for cholecystitis from March 26 to April 7, 1990, incurring P40,831.00 in medical and hospital expenses.
    • May 11, 1990: Mecano requested reimbursement under Section 699 of the Revised Administrative Code (RAC) by memorandum to NBI Director Alfredo S. Lim.
    • June 22, 1990: Director Lim’s 1st Indorsement, with Gerarda Galang’s favorable comment, forwarded the claim to the Secretary of Justice; the DOJ Committee on Physical Examination recommended payment as service-connected.
    • September 19, 1990: COA’s 5th Indorsement opined that Section 699 was repealed by the Administrative Code of 1987; Undersecretary Bello returned the claim (4th Indorsement, Nov. 21, 1990).
    • April 26, 1991: Justice Secretary Drilon issued Opinion No. 73, S. 1991, holding that the 1987 Code did not repeal Section 699.
    • May 10 & July 2, 1991: Director Lim’s 5th and 6th Indorsements, accompanied by Opinion No. 73, were sent to the COA Chairman.
    • January 16, 1992: COA’s 7th Indorsement denied the claim for lack of statutory basis, suggesting recourse to the Employees’ Compensation Commission.
    • February 7, 1992: Undersecretary Montenegro’s 9th Indorsement advised Mecano to elevate the matter to the Supreme Court.
  • Relief Sought
    • A petition for certiorari before the Supreme Court to nullify COA’s denial.
    • Declaration that Section 699 of the RAC remains in force and entitles Mecano to P40,831.00 reimbursement.

Issues:

  • Primary Issue
    • Whether the Administrative Code of 1987 (Executive Order No. 292) repealed or abrogated Section 699 of the Revised Administrative Code of 1917.
  • Ancillary Issue
    • Whether filing a claim with the Employees’ Compensation Commission bars concurrent recovery under Section 699 of the RAC.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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