THE Commission on Audit has denied the last-ditch motion of the Metropolitan Waterworks and Sewerage System – Regulatory Office (MWSS-RO) to reverse the 2016 ruling that upheld notices of disallowance issued against its payment of millions of extra cash benefits to its officials and employees.
In three separate en banc resolutions, the COA affirmed the Notice of Finality on the disallowance against the P1.82 million longevity pay, P464,127 hazard pay, P543,836 rice allowances in 2014, and P1.37 million rice allowances for 2012 of MWSS-RO.
The Motions to Lift Notice of Finality was filed by the MWSS-RO through its deputy administrator for Legal Affairs, Claudine Orocio Isorena, despite having been informed by the COA that the decisions against it have attained finality as of December 21, 2016.
However, the agency still sought the lifting of the rulings, pleading with the Commission to give course to its petition for review.
It asked that the COA relax its rules “in the interest of substantial justice and fair play” and insisted that it has a meritorious case that warrants a second look.
It cited the December 15, 2015 Resolution of the Office of the Ombudsman that dismissed complaints for violation of the Anti-Graft and Corrupt Practices Act against the MWSS Board of Trustees, which was related to the subject of the disallowance.
In the alternative, the MWSS-RO asked that even if the NDs are sustained, the personnel not be required to refund the amounts received, invoking good faith.
The COA, however, declared that the motions were filed years past the acceptable period for appeal.
“This Commission is not persuaded by the movant’s arguments. For failure to file to assail the decision through a petition for review before this Commission on a timely manner, CGS-Cluster 3 Decision No. 2016-29 has already attained finality. Having attained finality, the assailed decision is immutable and unalterable and may no longer be modified in any respect,” it said.
It pointed out that a request for liberality in the application of rules may only be granted in “exceptionally meritorious” cases, which was not attendant in the MWSS-RO situation.
As for the request to be excused from the requirement to return the allowances and extra pay received, the COA said the same rule on immutability of a final judgment applies.
It reiterated that the payout of longevity pay, hazard pay, and rice allowances had no legal basis since they lacked the required prior approval from the Office of the President.
