![]() ![]() She essentially reiterates her arguments below. She charges the COA with grave abuse of discretion amounting to excess or lack of jurisdiction. 17 The Present Petition Petitioner now seeks affirmative relief from the Court via a petition for certiorari under Rule 64 of the Rules of Civil Procedure. 2012-002-101-(11) dated February 28, 2012, on the excess payment of Collective Negotiation Agreement incentives to ICAB employees, in the total amount of P236,500, is AFFIRMED. 2015-020 dated December 14, 2015, which affirmed Notice of Disallowance No. National Government Sector-Cluster 6 Decision No. Abejo, Executive Director, Inter-Country Adoption Board (ICAB), is hereby DENIED. 2020-127 16 dated January 27, 2020, the COA Proper further affirmed, thus: WHEREFORE, premises considered, the Petition for Review of Director Bernadette B. Ruling of the COA Proper Under Decision No. 2006-1 and DBM Circular Letter 2011-9, as well as the supporting documents submitted by her subordinates. Finally, she was not negligent in approving payment of CNA Incentives for 2011 as this was done only after taking into consideration the provisions of DBM BC No. The payment of CNA Incentives for 2011 was done in good faith and in compliance with the provisions of DBM BC No. When ICAB paid the CNA Incentives for 2011 on a piece-meal approach on Novemand December 23, 2011, it had already determined that it had enough savings to fund said grant all its planned programs, activities and projects had already been implemented and completed in accordance with its performance targets for the year. 2006-1, the amount of CNA Incentive was not fixed it was dependent on the savings generated from the agency's cost-cutting measures and systems improvement. By then, the ICAB had already paid the CNA Incentives for 2011 to its qualified employees in accordance with DBM BC No. 14 Proceedings Before the COA Proper On appeal, petitioner argued: 15 First. Petitioner was negligent in the performance of her functions when she failed to follow the pertinent DBM issuances relative to the grant of CNA Incentives. Item 6.0 thereof specifically states that it shall be effective immediately. At any rate, said circular does not require online posting for its effectivity. 2011-5 was only posted in the DBM website in January 2012. Petitioner failed to establish that DBM BC No. 11 More, the ICAB granted CNA Incentives in excess of the P25,000.00 threshold under DBM-BC No. This was a clear violation of Section 5.7 of DBM-BC 2006-ï¿❑ which only allows the grant of CNA incentives to qualified employees once after the end of the year. The ICAB granted CNA incentives for 2011 twice and before the fiscal year ended. 2012-002-101-(11) disallowing the total amount of P236,500.00 corresponding to the excessive CNA incentives granted to qualified employees of the ICAB, which they should immediately refund. Dela Cruz of the COA � National Government Sector affirmed, viz.: WHEREFORE, premises considered, this Office DENIES herein appeal and AFFIRMED ND No. Ruling of the COA � National Government Sector As borne in her Decision No. Petitioner appealed the notice of disallowance. Datug issued the following observations relative to ICAB's grant of CNA Incentives in 2011: 5įor accepting payments of CNA in excess of P25,000.00 4 On post-audit, Supervising Auditor Lucena D. 3 Prior to its issuance, there was no fixed limit for CNA Incentives the amount to be given as CNA Incentives was dependent only on the annual savings from cost-cutting measures and systems development of the agency concerned. ![]() 2011-5 was issued on December 26, 2011, restricting the grant of CNA Incentive to P25,000.00 per qualified employee. (emphasis and underscoring supplied) Meanwhile, DBM BC No. The CNA Incentive for the year shall be paid as a one-time benefit after the end of the year, provided that the planned programs/activities/projects have been implemented and completed in accordance with the performance targets of the year. 2006-1 dated Februand Article XIII of the CNA between them. Antecedents From 2008 to 2011, the ICAB had been granting CNA Incentives to the members of the ICAB Employees Association (ICABEA) pursuant to Department of Budget and Management (DBM) Budget Circular (BC) No. Abejo (petitioner) solidarily liable with the officers and employees of the Inter-Country Adoption Board (ICAB) to return the disallowed Collective Negotiations Agreement (CNA) Incentives for 2011 in the amount of P236,500.00. 2020-127 1 dated Januof the Commission on Audit (COA) (respondent) which held petitioner Bernadette Lourdes B. The Case This petition for certiorari assails the Decision No. ![]()
0 Comments
Leave a Reply. |