SIX years after she was wrongfully dismissed from her post, a former government auditor can finally extract a measure of comfort after the Commission on Audit (COA) granted her petition seeking payment of back wages and other benefits.
The COA en banc held that claimant former State Auditor IV Melba Fajardo is entitled to collect compensation after she was eventually exonerated of any wrongdoing after being implicated in the Priority Development Assistance Fund (PDAF) scam.
“This Commission partly grants the petition for money claim. This is only fair and just because an employee who is reinstated after having been illegally dismissed is considered as not having left his office and should be given the corresponding compensation at the time of his reinstatement,” it ruled.
Records showed that Fajardo had been with the COA for 36 years when she was dragged into the PDAF investigation in 2014 simply for being the Audit Team Leader of auditors assigned to the Department of Agrarian Reform (DAR).
Initially, she was placed under preventive suspension for six months starting December 6, 2013 while the allegation of gross neglect of duty was being investigated together with criminal complaints for violation of the Anti-Graft and Corrupt Practices Act (RA 3019) and malversation of public funds.
In a decision issued on December 14, 2017, the Ombudsman found her guilty of the administrative offense of gross neglect of duty, resulting in her dismissal from government service.
Likewise, she was indicted on graft and malversation of public funds which were recommended for filing at the Sandiganbayan.
Despite losing her job, Fajardo fought both rulings by filing Motions for Reconsideration at the Ombudsman.
On July 19, 2018, the Ombudsman reversed its findings and dismissed both administrative and criminal complaints against her, thereby clearing her of any liability in relation to the PDAF scam.
Upon getting her name cleared, Fajardo no longer returned to work but filed for retirement effective November 20, 2018.
From her dismissal from the service on February 22, 2018 until November 19, 2018, she did not receive her salary and other monetary benefits in the total amount of P1,075,864.
“In this case, the OMB exonerated Ms. Fajardo from the charges against her. Thus, Ms. Fajardo is entitled to full payment of her basic salary and all benefits from the time of her illegal dismissal up to the effectivity of her mandatory retirement,” the Commission said.