Title
Mabilog vs. Commission on Audit
Case
G.R. No. 248977
Decision Date
Sep 28, 2021
Iloilo City officials and employees challenged COA's disallowance of P46.4M PEI for 2009, citing PS limits and Calamity Fund misuse. SC upheld COA, ruling disbursement illegal, holding officials and recipients liable.

Case Summary (G.R. No. 248977)

Background of the Case

The case arises from a petition for certiorari challenging the COA's decision and resolution prohibiting the disbursement of a Productivity Enhancement Incentive (PEI) to Iloilo City employees for the year 2009, amounting to ₱46,424,328.24. The COA initially disallowed the PEI due to violations of budgetary rules, specifically under Section 325(a) of Republic Act No. 7160 (Local Government Code), which limits personal service expenditures.

Legislative Framework

The disallowance was based on two ordinances enacted on December 16, 2009, which facilitated the release of the PEI. However, the audit revealed that the amount appropriated exceeded the city's allowable limit for personal services.

Notice of Disallowance

On August 12, 2010, COA issued a Notice of Disallowance (ND) citing two primary reasons:

  1. Iloilo City had exceeded its personal services spending cap of 45%.
  2. The reversion of the calamity fund to pay for the PEI violated the implementing rules of RA 8185, which stipulates that such funds could only revert to the unappropriated surplus for reappropriation in the following budget year.

Appeal and Initial Rulings

Mayor Mabilog appealed the disallowance arguing good faith in the grant of PEI and claimed sufficient funding was availed without impacting city welfare. However, the COA Regional Office upheld the ND, emphasizing adherence to budgetary constraints outlined in Administrative Order No. 276 and relevant DBM (Department of Budget and Management) circulars.

COA Proper Decision

The COA Proper affirmed the regional office's ruling, dismissing various arguments made by petitioners regarding errors in computing personal services limitations and legality of fund reversion. The COA found that the city had indeed exceeded its allocated personal services cap, confirming the application of the limitation to PEI grants.

Petitioner's Arguments

Petitioners raised issues of the COA committing grave abuse of discretion in not recognizing legitimacy of PEI payments, asserting it was detrimental to employees, and claiming lack of good faith due to the complexity of the funding circumstances was misjudged.

Court's Ruling

The Court found that the COA had not committed any grave abuse of discretion. The Court maintained that administrative entities like the COA possess significant expertise, thus their factual determinations are generally upheld unless evidence of misjudgment is presented.

Legal Standards Applied

The ruling focused on clear legal limitations established in RA 7160 and relevant circulars, which collectively govern the financial operations of local government units with the aim to ensure financial sustainability and accountability. The Court underscored that adherence to explicit budgetary

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