Title
Supreme Court
Villarena vs. Commission on Audit
Case
G.R. No. 145383-84
Decision Date
Aug 6, 2003
COA auditor received unauthorized allowances from Marikina City, violating RA 6758. Found guilty of neglect, misconduct; fined, ordered to refund amounts. Local Gov't Code did not repeal RA 6758.

Case Summary (G.R. No. 145383-84)

Factual Background

The Commission on Audit (COA) found Atty. Rudy M. VillareAa guilty of neglect of duty, simple misconduct, and violation of reasonable office rules and regulations for receiving allowances and benefits from the City of Marikina. These were discovered during an audit of the city’s financial transactions. The COA determined that these allowances violated Section 18 of Republic Act No. 6758, which prohibits COA personnel from receiving additional compensation from local government entities.

Initial Procedural Steps

In response to the COA's findings, a formal charge was initiated against petitioner Atty. VillareAa for grave misconduct and gross neglect of duty. He argued that the ordinances passed by the Marikina legislative body authorized the allowances, believing that they superseded existing laws including Section 18 of Republic Act No. 6758 and COA Memorandum No. 89-584.

Petitioner’s Arguments

VillareAa contended that as an employee of COA stationed in Marikina, he was classified as “other national government officials” and entitled to the local benefits provided by ordinances. He further argued that these laws must have been repealed or modified by the Local Government Code, particularly citing a broad repealing clause.

Opposition from the Respondent

The Office of the Solicitor General countered that Republic Act No. 6758 is a special law, whereas Republic Act No. 7160 is a general law. It maintained that general laws do not modify special laws unless explicitly stated. It emphasized the need to reconcile both statutes instead of assuming an implied repeal.

Court's Analysis of Applicable Laws

The Court found significant that while Atty. VillareAa cited a repealing clause from the Local Government Code, he omitted other specific laws that were expressly repealed. The Court reinforced the principle that courts should aim to harmonize conflicting laws rather than annulling one in favor of another. It concluded that the Local Government Code allows certain benefits but does not override existing prohibitions set by Republic Act No. 6758.

Constitutionality of Section 18

Atty. VillareAa also claimed that Section 18 of Republic Act No. 6758 violated the equal protection clause of the Constitution. However, the Court reiterated that classifications under the law could be valid as long as they served legitimate governmental interests, particularly in maintaining the integrity and independence of COA personnel in preventing impropriety in public expenditures.

Findings on Good Faith and Due Process

The Court dismissed the argument of good faith, noting such intent does not exempt one from accountability when found guilty of official infractions. Moreover, the claim of denial of due process regarding audit procedu

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