COA's refund order draws mixed emotions from Capitol workers
The law may be harsh yet it still is the law.
Such could very well sum up the sentiments cum acceptance of Capitol workers awaiting ‘judgment day’ on the full refund demanded over an illegal Christmas bonus.
With some 2,000 in affected officials, employees and hospital workers under the Iloilo Provincial Government’s employ, word got out on the “Notice of Finality” served Monday to Governor Niel Tupas.
Lory Gudes, interim president of a Capitol workers’ group said the issue on refund and illegal bonus has since been discussed here. While “saddened” over the matter, Gudes told The News Today (TNT) that “willful compliance” is the prevailing decision of some 600 co-Capitol workers who are members of her association.
She admitted though that for sometime “we thought it was really for us… but what is not ours must be returned then.”
Gudes added in jest that co-workers now likened the illegal Christmas bonus to a “loan but one that we have to pay without interest.”
Similar contention albeit more subdued from Sanggunian Panlalawigan (SP) Secretary, lawyer Lorenzo Tubola. One of the longtime Capitol employees, Tubola said he has no problem at all in the demand for restitution.
He is seeking though for some kind of scheme that will make the refund in a staggered basis.
“There are a lot of us here in the Capitol who do not have much in take-home pay because of loans. We hope that will be considered,” he said.
Affected Capitol employees subject of demand for refund stand to pay back some P8,000 in average salary or up to P28,000 to officials and department heads.
Capitol workers who requested anonymity had a lot more to say though.
“What happened to the promise of Governor Tupas that he is willing to go to jail for us? Why are we being punished for something that was not even our idea? Daw pareho lang ni nga kinawatan amon gin-take home pay te kay nadakpan, kungdi ibalik eh,” one said.
Incidentally, majority of the SP members who then availed of the illegal bonus are no longer in Capitol’s employ.
Only one, Ex-Officio Board Member Jeneda Salcedo remains in the current SP who was also a recipient of the disallowed Christmas bonus. Salcedo though was unavailable as of press time.
The disallowance has been deemed final and executory and subject of a “Notice of Finality of COA decision” served to Tupas by the Commission on Audit (COA).
As such, over P21 million in illegally disbursed Capitol funds back in 2002 will finally be returned into the coffers of the Iloilo Provincial Government..
The amount covered officials and employees of the Capitol in 2002 including 11 district hospitals and one provincial hospital.
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.”