Title
Barbo vs. Commission on Audit
Case
G.R. No. 157542
Decision Date
Oct 10, 2008
LWUA officials challenged COA's disallowance of benefits received from SFWD. SC upheld COA's jurisdiction, ruled benefits illegal under PD No. 198, but exempted petitioners from refunding due to good faith.

Case Summary (G.R. No. 157542)

Applicable Law

The primary legal framework governing this case is Presidential Decree No. 198 (PD 198), as amended, which defines the compensation structure for members of the board of water districts. Furthermore, the case also references the Civil Service Commission’s (CSC) Resolution No. 954073 and the Government Accounting and Auditing Manual (GAAM) in the context of allowable compensation for water district officials.

Background of Benefits Received

Between 1994 and 1996, the petitioners received allowances and benefits authorized under LWUA's Board Resolutions Nos. 313 and 39 concerning representation and transportation allowances (RATA), extraordinary and miscellaneous expenses (EME), and bonuses. However, a Special Audit Team from COA audited the SFWD and subsequently found these allowances to be excessive and in violation of the stipulated provisions of law. Thus, the allowances received by the petitioners were disallowed, resulting in an order to refund the financial benefits.

COA's Initial Findings

Upon the COA's investigation, it was determined that the benefits and allowances received by petitioners were in violation of Sections 162 and 163 of the GAAM and in line with CSC Resolution No. 954073, which states that officers of the LWUA cannot receive additional or indirect compensation beyond what is legally permitted. The COA affirmed these findings in its Decision No. 2000-133 and a subsequent resolution in 2003, explicitly stating that the allowances constituted illegal additional compensation.

Arguments Presented by Petitioners

In response to the COA's findings, the petitioners raised several arguments in their appeal, claiming jurisdictional overreach by the COA and asserting that the allowances did not equate to compensation as defined under PD 198. They contended that the DBM rather than the COA should decide on matters relating to compensation. They also pointed out their good faith belief in the legality of the received allowances based on Board Resolutions from LWUA.

COA's Reaffirmation of Decision

The COA maintained that it possessed jurisdiction to assess financial disbursements of government entities, including water districts, and that it had the authority to determine unlawful expenditures. Citing precedents, the COA highlighted that the payments received by the petitioners were indeed additional compensation, explicitly prohibited by Section 13 of PD 198, which only allows per diem payments for directors’ service.

Court’s Conclusion on Jurisdiction

The Court reaffirmed the COA’s jurisdiction to disallow expenditures that do not comply with existing laws and regulations. It stated that although water districts are created under special laws and the discretion of bodies like the LWUA may seem apparent, such discretion is limited by the enforceable laws. Specifically, it emphasized that the clear prohibition of additional compensation under PD 198 restricts any form of discretionary allowance, thus underscoring the COA’s mandate to

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