THE Supreme Court (SC) has affirmed the disallowance of the salaries of several officials and personnel of Lower Agusan Development Project-Irrigation Component (LADP-IC) of the National Irrigation Administration (NIA).
In a six-page ruling promulgated by Clerk of Court Felipa Anama, the SC En Banc denied the petition of Gregorio Pang and Wilfredo Manuel filed against the Commission on Audit-Legal Services Sector, et al.
Pang, project manager, and Manuel, division manager, were given co-terminus appointments by the LADP-IC.
On September 22, 2008, then acting team leader Sharon Azote issued an audit memorandum stating that a P1.7-million expenditures for 2007 resulting from the irregular extension of co-terminus appointments of the key personnel of LADP-IC, has been disallowed in audit.
Azote then issued Notice of Disallowance (ND) for each of four personnel amounting to more than P1.4-million. They were directed to reimburse the amount.
In January 2015, COA issued and order directing the withholding of payment of salaries to petitioners and other personnel of LADP-IC Project for the settlement of their liabilities.
In their petition before the SC, Pang and Manuel argued they did not receive a copy of the resolution.
However, in its June 20, 2017 ruling that was released only recently, the SC held that “such does not deprive of his right to due process.”
“Hence, since there was failure on the part of the petitioners to refund the amount disallowed/charged as provided in the Notice of Finality of Decision dated September 10, 2014, the issuance of the COE is in order.” the SC opined.