THE Technological University of the Philippines (TUP) must shell out P2,929,006.30, equivalent to six years’ worth of hazard pay to eight health care workers.
This was the ruling of the Commission on Audit issued last March 11, granting the petition for money claim filed by the state university’s Medical and Dental Unit on May 25, 2018.
Based on the COA decision, the sum will be paid to Drs. Emmanuel Ruiz II, Emilie Kuizon, and Marissa Laureles and Lovella Dulce Valencia, Sherebim Aloner, Imelda Manabat, Jay-An Lopez, and Andrea Pascual, all of the TUP-MDU.
The group said the university stopped paying their hazard pay in August 2012, citing budgetary constraints and the Department of Budget and Management and the Department of Health Joint Circular No. 1, s. 2012 which supposedly limited the classification of “public health workers (PHW).”
According to the TUP management, an employee performing functions not directly connected with the delivery of health services is not a PHW within the contemplation of the law.
It argued that a PHW must be “actually and principally engaged in health or health-related work” and requires a certification from the DOH.
Petitioners countered that they have been receiving hazard pay until 2011 based on an earlier certification from the DOH that they are PHWs.
They likewise invoked the Implementing Rules and Regulations (IRR) of RA 7305 or the Magna Carta of Public Health Workers.
Even if the state university is not a hospital, the claimants pointed out that they are regularly exposed to infectious and contagious diseases as supported by a census of patients for the years 2009 to 2017.
The COA Commission Proper upheld the claimants’ stand, noting that the Supreme Court pronouncements in the case of Kapisanan ng mga Manggagawa sa Government Service Insurance System vs. COA declared those who render health or health-related work are classified as public health workers even if their office is not principally engaged in health-related services.
“The above law and jurisprudence support petitioners’ contention that they are PHWs and are eligible to receive hazard pay,” the COA declared.
On the other hand, officials and employees of TUP-Taguig City Campus were ordered by the COA to refund cash incentives paid to them in 2013 totaling P3.73 million.
Held liable were campus director Selfa Briones, accounting office OIC Juliet Narez, Academic Affairs assistant director Edgar Gay-ya, Office of the Student Affairs head Rosario Gregorio, planning officer Ma. Delia Amparado, administrative officer Raquel Raymundo, administrative aide Caridad Gay-ya, and various employees.
The COA denied appeals filed by university officials, noting that the Board of Regents overstepped the limits of its authority when it approved payment of cash incentives amounting to P30,000 for each official and employee.
“In this case, Dr. Briones et al. failed to show any policy issued by the President of the Philippines for the grant of cash incentives to government employees for CYs 2012 and 2013. Since the grant of cash incentives has no legal basis and its funding source was irregular, the transaction was properly disallowed,” the Commission added.
