WINNING an election is not a guarantee that a public official will get paid. First, he must render service to the public.
In a seven-page decision, the Commission on Audit denied the petition of an elected member of the Sangguniang Panlalawigan (SP) of Misamis Occidental for payment of his P3.6 million claim, including unpaid wages, benefits, and award of damages.
Based on records, claimant Jino Ano-os Jr. was proclaimed as the fifth winning candidate for the provincial board in the May 2004 elections but was prevented from holding office after the Sanggunian passed resolution No. 256-04 refusing to recognize him as a member.
The provincial board challenged his proclamation before the Commission on Elections but the Comelec en banc dismissed the petition for annulment in 2006.
Two years later, the Supreme Court also affirmed the validity of the claimant’s election.
In 2009, Ano-os filed a demand for the province to pay his salaries and benefits but was refused. He was instead advised to file a Petition for Money Claim with the COA Secretariat, through the SP Secretary.
However, the claimant opted to just send a second demand letter dated October 4, 2010 stating that he should be paid P1.3 million due him for the period of July 1, 2004 to June 30, 2007.
It was only on September 28, 2020 that Ano-os filed a claim with the COA asking for P1.4 million in unpaid salaries, P1 million for litigation expenses, P1 million in moral damages for “humiliation and insults” he was subjected to, and P200,000 as exemplary damages.
The provincial government opposed the claim on the ground that the claimant presented no proof that he performed his duties as Sangguniang Panlalawigan member.
In its ruling, the COA said other than the P1.4 million claim for unpaid salaries, bonuses, and benefits, it cannot rule on the validity of the award for damages sought for lack of jurisdiction.
“The claimant failed to present proof that he rendered services for this period that would entitle him for the amount claimed. He likewise failed to provide the basis of his computation for the said amount,” the COA said.
Without substantiation of the claim for unpaid salaries and benefits, the Commission said it has no option but to deny the petition.
“As regards the claims for exemplary and moral damages and expenses for litigation, attorney’s fees and cost of suit, these are not liquidated claims; hence, not within the jurisdiction of this Commission,” it added.
