THE Commission on Audit has upheld compensation claims of four Victorias City fisherfolk whose fishing boats were unlawfully confiscated and left to rot while under impoundment by the local government of Ajuy, Iloilo.
In four separate decisions, the COA en banc denied the municipal government’s motions for reconsideration that said it cannot be compelled to cough up the sum imposed to compensate the claimants.
The local government unit (LGU) invoked exemption on the ground that public funds are not subject to execution according to Rule 39 of the Rules of Court.
In separate rulings issued in 2021, the COA granted the claims of Rommel Diadio, Erwin Estil, Ana Mae Claro, and Sunny Lee Watimar whose fishing boats were apprehended by the PNP Task Force Bantay Dagat on allegations their motorized bancas violated the municipal waters of Ajuy.
Estil’s M/BCA Angelica 1, Diadio’s M/BCA RJDI, Watimar’s M/BCA Toto Kent 4, and Claro’s M/BCA JS6, JS3, and JS1 were seized and turned over to the municipality of Ajuy.
“While under impoundment, the boats were left unattended thus, became unserviceable and rendered valueless,” COA said.
The four claimants sued the municipal government for loss of property and income from their livelihood and won compensation judgments before the Victorias City Municipal Trial Court.
Based on the court rulings, they then filed their petitions for compensation before COA.
Diadio and Estil were awarded P255,000 plus 6 percent annual interest computed from 2018. Claro will receive P836,355.89 for her three boats but only 635,000 is subject to 6 percent interest. Watimar was awarded P352,920 but only P255,000 will earn 6 percent yearly interest.
“The municipality is bound to appropriate the monetary award which may be sourced from current year appropriation for booked obligations or from the succeeding year’s appropriation, as the case may be,” the Commission added.
