The Commission on Audit has ruled in favor of releasing the salaries of a former employee of the Commission on Human Rights (CHR) despite a finding from the Civil Service Commission (CSC) that her appointment was invalid due to the submission of false documents.
Regardless of the CSC ruling that the appointment of petitioner to the post of Administrative Aide VI was void ab initio, the COA Commission Proper held that she is entitled to compensation for services rendered.
However, because of the CSC ruling that the employee does not hold her post in good faith for non-compliance with Civil Service rules, COA held that she is not entitled to receive benefits and allowances attached to the position.
In its submission to the COA, CHR said it supports the release of payment of the petitioner’s salaries as due compensation as the rules would allow.
Based on COA records, the claimant admitted that she submitted a false performance rating which showed a “very satisfactory” evaluation. She said she was harassed by her former superiors at a regional trial court, prompting her to file an administrative complaint against them. She said she made earnest efforts to secure a clearance from her former office to no avail.
The COA noted that the petitioner reported to the office and did her work even if she did not receive any pay for almost five years from November 2014 to September 2019.
The claimant asked to be paid her salaries and benefits amounting to P1.844 million up to Sept. 30, 2019 on top of pay for work from Oct. 1, 2019 onwards.
According to the COA, non-payment for the petitioner’s services is contrary to the law against unjust enrichment.
“To deny payment to the petitioner would be to allow the government to unjustly enrich itself at the expense of another. This Commission significantly considers the fact that [she] has been rendering services to the CHR without receiving monetary compensation since she assumed office on Nov. 12, 2014,” it pointed out.
