THE Commission on Audit has ordered the Philippine National Construction Corporation (PNCC) to pay the judgment award for its former legal officer who was illegally fired from her job in 1998.
In a decision released last week, the COA Commission Proper declared that the petition filed by Atty. Maria Nympha Mandagan against her former employer is “impressed with merit,” noting that both the Court of Appeals and the Supreme Court ruled in her favor when she challenged her dismissal.
“The issue on whether Atty. Mandagan is entitled to a monetary award arising from a labor dispute has already been judiciously passed upon by the SC in its Decision dated July 21, 2008. The SC had already ruled that she was illegally dismissed and that …she is entitled to reinstatement, full back wages inclusive of allowances, and to her other benefits,” the commission said.
However, while the claimant sought P165.56 million in payment, the COA declared that the remaining unpaid judgment award only amounted to P105,431.70 based on the Supreme Court ruling dated July 21, 2008.
The ruling was signed by former COA chairperson Rizalina N. Justol and commissioners Roland C. Pondoc and Mario G. Lipana.
Records showed the petitioner was hired as legal assistant in December 1995 on probationary status pending the release of the bar exam results. Upon passing the bar, she obtained a regular appointment as of June 1996.
However, in June 1998 she was told that her employment was terminated for violations of the PNCC Code of Employee Discipline. This was supposedly based on engaging in private law practice, using the PNCC official address, and representing a client who has a pending case against PNCC.
Mandagan explained that the client was PNCC corporate comptroller Renato Ramirez and her appearance in the case was authorized by then PNCC president Melvin Nazareno.
Eventually removed from her post, Mandagan challenged the policy before the Court of Appeals and won. The CA ruling was later affirmed by the SC.
By her computation, Mandagan set the total salary with benefits due her at P88.33 million and her retirement/separation pay at P62.18 million. Adding 10 percent interest, she pegged the total at P165,562,221.58.
The PNCC acknowledged its obligation to pay the judgment award but said the claimant’s calculations were “overly inflated.” Its own figures set the total amount due the petitioner at only P4.911 million.
In determining the judgment award payable to Mandagan, the COA CP said her basic pay of P17.844 should be multiplied by 124.5 months representing the period from her dismissal until the SC decision attained finality in November 2008.
Also included in the total amount were Christmas bonuses, Christmas gift, 13th month pay, mid-year bonuses, rice allowances, and vacation leave pay.
“As a rule, the last basic salary received by the illegally dismissed employee is the basis of the computation of back wages. This being said, salary increases, as computed by Atty. Mandagan, could not be considered because they are expectancies and have no basis in law to be awarded her,” the commission pointed out.
For separation pay, the COA said she is entitled to receive P314,103.40.
