Solgen: Junk prosecutor's case vs. COA over notices of disallowance

CEBU, Philippines - The Commission on Audit through the solicitor general has asked for the dismissal of the petition for declaratory relief filed by a state prosecutor after the state auditors disallowed his monthly allowance from the Mandaue City government.

Solicitor General Francis Jardeleza said that the petition of assistant regional state prosecutor Graeme June Elmido seeking for a court interpretation of the provisions of the Republic Act 7160 otherwise known as the Local Government Code and the R.A.10071 or an Act Strengthening and Rationalizing the National Prosecution Service is without basis.

Jardeleza argued that there is no need to interpret the law because it is a settled rule in statutory construction that a statue is clear, plain and free from ambiguity. Jardeleza added that the law allows the LGU to give honoraria to employee if the latter is “stationed in or assigned to” to LGU giving the allowance. 

However, Jardeleza said that the case of Elmido does not fall under the requirement. He said that “deemed assigned” is different from “assigned to” as stated under the law.

“The premise of one’s entitlement to allowance/honoraria from the LGU is for service rendered. Thus, the regional prosecutors cannot posit that deemed assigned is equivalent to actual performance of duties that will entitle them to honoraria/allowances,” Jardeleza pointed out.

Elmido argued that he is entitled to receiving a monthly allowance from the Mandaue City government even if he is not stationed in Mandaue City because his jurisdiction being an assistant regional state prosecutor includes it.

Jardeleza said added that granting Elmido is entitled to such honorarium it should not exceed 50 percent of his basic salary. Jardeleza also questioned the petition for not being the proper remedy under the circumstance. He said that COA has the exclusive authority over giving notice for suspension of allowance.

Elmido earlier filed a petition for declaratory relief against Cymbeline Celia Chiong-Uy, audit team leader; Anecita Pilapil, supervising auditor; and Delfin Aguilar, COA-7 director.

This after his P10,000 monthly allowance from Mandaue City was disallowed. Aside from Elmido, notices of disallowance were also issued to Regional State Prosecutor (RSP) Fernando Gubalane, his assistant Vicente Mañalac, State Prosecutor II Alain Gallego, Assistant City Prosecutor Raul Cristoria and assistant provincial prosecutor Annabelle Robles. (FREEMAN)