Return P20K aid, execs told
COA DENIES CITY APPEAL
Almost three years since the controversial calamity aid was given in 2013, the Commission on Audit (COA) directed 4,200 city officials and employees anew to return the P20,000 they each received.
This after COA denied the appeal of the city government to reconsider the Notice of Disallowance it issued on the disbursement of the aid.
The calamity assistance was distributed after the magnitude 7.2 earthquake and typhoon Yolanda hit Central Visayas but COA said the disbursement was irregular because the employees were not victims of the two calamities.
"The herein Appeal is denied and the subject Notice of Disallowance Nos. 14-001-101(13) to 14-130-101(13) all dated June 23, 2014 are hereby sustained," reads the ruling of COA-7 Director Alicia Malquisto.
"Since the grant of financial calamity assistance was found not in order and contrary to the laws, rules and regulations as discussed above, the recipients thereof had no right to receive the same," Malquisto added.
Malquisto, however, said the region's ruling is appealable by way of Petition for Review to the Commission Proper of the COA within the remainder of the sixmonth reglementary period.
The mayor's office received the nine-page ruling last week of September but Mayor Tomas Osmeña who was not mayor when the aid was released referred the ruling to the City Legal Office.
REVIEW
City Legal Officer Joseph Bernaldez said yesterday he has yet to receive a copy of the document but will discuss the matter with other city lawyers.
"As far as I recall, we have filed our appeal on time asking for reconsideration on the ruling. As to whether or not na ruled na among appeal, wala pakoy idea," he said.
"Most likely, we will pursue filing of the petition. Personally, wala koy labot ana ha kay wala pako ana pagdawat sa P20,000," Bernaldez said.
The disallowance of the calamity aid was also contained in the criminal and administrative complaint filed by Reymelio Delute, an ally of the mayor under Bando Osmeña Pundok Kauswagan (BOPK), against former mayor Michael Rama and 13 other councilors.
Rama, Vice Mayor Edgardo Labella, and 12 city councilors were suspended last May 2016 until June 30 by the Office of the President over the questionable disbursement of the calamity aid.
Sought for comment, Councilor Margarita Osmeña, who assumed as acting mayor in May when officials were suspended, said she is not surprised by the ruling of COA-7.
"As far as I know, the city deducted P20,000 to those employees who retired from service. I really feel bad for the employees," she said in a phone interview last night.
Councilor Osmeña abstained from voting to pass the budget ordinances in 2013 for the disbursement of the calamity aid.
She said the City Legal Office should exhaust all the remedies so that the COA would reconsider its ruling.
She, however, admitted that she has not heard any instance that the COA reversed its decision.
DECISION
Malquisto, in the ruling, said the calamity financial assistance to employees of City Hall was sourced from the portion of alleged savings from the city's General Fund as contained in the Budget ordinance approved by the City Council and implemented by the executive department.
COA noted that the Department of Budget and Management (DBM) revealed in its review of the Supplementary Budget NO. 3 containing the calamity aid shall be subject to National Disaster Risk Reduction Management Council-DBM joint Memorandum Circular NO. 2013-1.
However, Malquisto said the officials of the city admitted that the condition imposed by DBM was not followed by them as stated in the Audit Team report of the city.
The officials, in their appeal, said the financial assistance was not covered by the Joint Memorandum Circular of DBM and NDRRMC and categorically said that "the giving of financial assistance to calamity victims is not one of the uses of the LDRRMF."
The city did not charge the financial assistance against the disaster fund but against the City Administrator's Account, as stated in the budget ordinance.
"Regrettably, the admission of the Appellants (officials) facilitates the resolution of this appeal not favorable to them," the ruling reads.
COA also said using the savings from the General Fund Proper and Special accounts of Cebu City Government for the calamity aid is "not justifiable."
"It follows that those responsible for the subject transactions whose signatures and certifications were indispensable in the release/disbursement of the financial calamity assistance shall be personally liable of the refund of the disallowed amount," the ruling reads.
As for the employees who received the aid, COA said "good faith shall not excuse them from liability."