G.R. No. 159299 - POMPEYO QUERUBIN, ERIBERTO LOSARIA, MA. AIDA TORRE, HERNAN MAGLUPAY AND VICENTE PETIERRE, VS. THE REGIONAL CLUSTER

Ruling

Accordingly, the Court sustains the disallowance of the monetary benefits granted to petitioners Members of the Board of the BCWD in accordance with LWUA Resolution No. 313, series of 1995. Having been granted said allowances and bonuses in 1999, before the Court declared in Baybay Water District the illegality of payment of additional compensation other than the allowed per diem in Section 13, of PD 198, as amended, they can thus be considered to have received the same in good faith. Hence, they need not refund them. One final note. In his Comment, the Solicitor General pointed out that petitioners erroneously sought the review of the Legal and Adjudication Office-Corporates Decision and Resolution directly with this Court via Rule 45. In effect, the Solicitor General would want the Court to deny the petition and order the petitioners to refund the allowances and bonuses disallowed by the COA Auditor. Indeed, COA Memorandum No. 2002-053, [10] states that appeals from the decision of the Legal and Adjudication Office shall be filed with the Commission Secretary and shall be decided by the Commission Proper. Moreover, under Section 2, Rule 64, of the Revised Rules of Civil Procedure, a judgment or final order or resolution of the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65. Nevertheless, we deem it wise to overlook procedural technicalities in order to rule speedily on this case. [11] In the interest of substantial justice, petitioners should not be denied of the Courts favorable ruling in De Jesus modifying the decision of the COA on the matter of refund. WHEREFORE , in view of all the foregoing, the March 24, 2003 Decision and the June 24, 2003 Resolution of the Legal and Adjudication Office-Corporate, Commission on Audit, which sustained the disallowance of the payment of Personal Economic Relief Allowance (PERA), Representation and Transportation Allowance (RATA), Uniform Allowance, Rice Allowance, Mid-Year Bonus, Centennial Bonus, Extra-ordinary and Miscellaneous Expenses, Anniversary Bonus, Productivity Incentive Bonus, Cash Gift, Amelioration Bonus, and Year End Assistance to petitioners Members of the Board of Bacolod City Water District, are AFFIRMED with the MODIFICATION that petitioners need not refund said additional compensation received in the year 1999, per Resolution No. 313, series of 1995, of the Local Water Utilities Administration. No costs. SO ORDERED.