COA orders full refund of illegal Capitol bonus
Stresses disallowance has become ‘final and executory’
Over P21 million in illegally disbursed Capitol funds back in 2002 will finally be returned into the coffers of the Iloilo Provincial Government.
Thanks to the persistence of the Commission on Audit (COA), what has since been feared as “dead money” of Juan De La Cruz will be restituted.
By virtue of a “Notice of Finality of COA Decision,” served the orders yesterday for full refund were Iloilo Governor Niel Tupas Sr., the Iloilo Sanggunian Panlalawigan (SP), hospital chiefs and Capitol heads.
The illegal bonus was declared and upheld by the COA and was subject of disallowance in audit. Tupas who then pushed for the idea of releasing additional Christmas bonus in the form of a 14th month pay fought the Commission over the matter. The governor’s lawyers kept up the legal fight yet the Supreme Court (SC) in an En Banc Resolution eventually backed up the COA and affirmed the disallowance.
Not even a Presidential condonation or excuse letter and a promise not to do it again saved the governor and the Iloilo Provincial Government.
Further still, the COA order did not stop there. The governor and recipients of the COA notice were also notified yesterday that the decision has become “final and executory.”
“...you are hereby ordered to pay/refund the amount disallowed to the agency Cashier immediately,” excerpts of the COA Notice went. “Likewise, please be informed that a Final Order of Adjudication has been issued to the Treasurer, that Province, instructing him/her to withhold payment of salaries or any money due you, to be applied to the settlement of the audit disallowance in accordance with Section 3, Rule XII of the RRPC.”
The RRPC is COA’s Revised Rules of Procedure covering disallowances. The COA Notice was signed by COA General Counsel, Assistant Commissioner Elizabeth Zosa.
A separate “Final Order of Adjudication” was issued to the Provincial Treasurer coursed through the governor.
“Accordingly, you are hereby instructed to withhold the payment of the salaries or any amount due to the persons held liable, to be applied to the settlement of the audit disallowances,” the order for the treasurer went. “Payment of salaries or any money due them in violation of this instruction will be disallowed in audit and you will be held liable therefore.”
While Tupas is still able to settle his share of illegal bonus, scores of recipients are no longer in Capitol employ. It was not immediately clear how the COA will seek restitution from this group which included former Vice Governor Robert Armada and retired Capitol section chiefs.
Each recipient of the COA Notice will have to pay the equivalent of a full month’s pay that was then the amount given as additional Christmas bonus.