12 - Province of Negros Oriental V COA

12 - THE PROVINCE OF NEGROS OCCIDENTAL vs.
THE COMMISSIONERS, COMMISSION

ON AUDIT
G.R. No. 182574; September 28, 2010; CARPIO, J.
Facts
21 December 1994 - the Sangguniang Panlalawigan of Negros Occidental

passed Resolution No. 720-A4 allocating P4,000,000 of its retained
earnings for the hospitalization and health care insurance benefits of 1,949
officials and employees of the province.
Petitioner Province of Negros Occidental and Philam Care entered into a
Group Health Care Agreement involving a total payment of P3,760,000
23 January 1997 the Provincial Auditor issued Notice of Suspension No.
97-001-1015 suspending the premium payment because of lack of
approval from the Office of the President (OP) as provided under
Administrative Order No. 1036 (AO 103), and that the premium payment
violated Republic Act No. 6758 (Salary Standardization Law).
President Joseph E. Estrada directed the COA to lift the suspension but only
in the amount of P100,000.
The Provincial Auditor ignored the directive of the President and instead
issued Notice of Disallowance
Petitioner appealed the disallowance to the COA.
COA affirmed the Provincial Auditors Notice of Disallowance
o COA: under AO 103, no government entity, including a local
government unit, is exempt from securing prior approval from the
President granting additional benefits to its personnel.
o Further, Section 468(a)(1)(viii)11 of Republic Act No. 7160 (RA
7160) or the Local Government Code of 1991 has to be harmonized
with Section 1212 of RA 6758.
o The insurance benefits from Philam Care, a private insurance
company, was a duplication of the benefits provided to employees
under the Medicare program which is mandated by law.
Motion for Reconsideration: denied
Issues/Holding/Ratio
WON COA committed grave abuse of discretion in affirming the disallowance of
P3,760,000 for premium paid by the Province of Negros Occidental to its 1,949
officials and employees? YES. COA erred. Court rules in favor of the Petitioners.
Petitioner:
1. The payment of the insurance premium was paid from an allocation of its
retained earnings pursuant to a valid appropriation ordinance.
2. Such enactment was a clear exercise of its express powers under the
principle of local fiscal autonomy which includes the power of Local
Government Units (LGUs) to allocate their resources in accordance with
their own priorities.
3. While it is true that LGUs are only agents of the national government and
local autonomy simply means decentralization, it is equally true that an
LGU has fiscal control over its own revenues derived solely from its own
tax base.
Respondents:
1. Although LGUs are afforded local fiscal autonomy, LGUs are still bound by RA
6758 and their actions are subject to the scrutiny of the Department of Budget
and Management (DBM) and applicable auditing rules and regulations
enforced by the COA
2. The grant of additional compensation, like the hospitalization and health care
insurance benefits in the present case, must have prior Presidential approval
to conform with the state policy on salary standardization for government
workers.
3. (Implied) Based on Section 2 of AO 103,1 the President enjoined all heads of
government offices and agencies from granting productivity incentive benefits
or any and all similar forms of allowances and benefits without the Presidents
prior approval.
Court:
1. From a close reading of the provisions of AO 103, petitioner did not
violate the rule of prior approval from the President since Section
2 states that the prohibition applies only to "government
offices/agencies, including government-owned and/or controlled
corporations, as well as their respective governing boards."
Nowhere is it indicated in Section 2 that the prohibition also
applies to LGUs. The requirement then of prior approval from the
President under AO 103 is applicable only to departments, bureaus, offices
and government-owned and controlled corporations under the Executive
branch.
2. (SYLLABUS TOPIC) In other words, AO 103 must be observed by
government offices under the Presidents control as mandated by
Section 17, Article VII of the Constitution which states:
Section 17. The President shall have control of all executive
departments, bureaus and offices. He shall ensure that the laws be
faithfully executed.
On the other hand, the President merely exercises general supervision
over LGUs under Section 4, Article X of the Constitution:
Sec. 4. The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities with
respect to component barangays shall ensure that the acts of their
component units are within the scope of their prescribed powers and
functions.
3. The President may only point out that rules have not been followed but the
President cannot lay down the rules, neither does he have the discretion to
modify or replace the rules. Thus, the grant of additional compensation
like hospitalization and health care insurance benefits in the present case
does not need the approval of the President to be valid.
4. Also, while it is true that LGUs are still bound by RA 6758, the COA did not
clearly establish that the medical care benefits given by the government
1 SECTION2.Allheadsofgovernmentoffices/agencies,includinggovernmentownedand/or
controlledcorporations,aswellastheirrespectivegoverningboardsareherebyenjoinedand
prohibitedfromauthorizing/grantingProductivityIncentiveBenefitsoranyandallformsof
allowances/benefitswithoutpriorapprovalandauthorizationviaAdministrativeOrderbytheOfficeofthe
President.
at the time under Presidential Decree No. 151917 were sufficient to cover
the needs of government employees especially those employed by LGUs.
5. Petitioner correctly relied on the Civil Service Commissions (CSC)
Memorandum Circular No. 33 (CSC MC No. 33), wherein all government
offices including LGUs were directed to provide a health program for
government employees, which included hospitalization services and
annual mental, medical-physical examinations.
6. The CSC, through CSC MC No. 33, as well as the President, through AO 402
(which expanded protection), recognized the deficiency of the state of
health care and medical services implemented at the time. Thus,
consistent with the state policy of local autonomy as guaranteed by the
1987 Constitution, under Section 25, Article II20 and Section 2, Article X,21
and the Local Government Code of 1991,22 we declare that the grant and
release of the hospitalization and health care insurance benefits given to
petitioners officials and employees were validly enacted through an
ordinance passed by petitioners Sangguniang Panlalawigan.

12 - Province of Negros Oriental V COA

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12 - THE PROVINCE OF NEGROS OCCIDENTAL vs.

THE COMMISSIONERS, COMMISSION

21 December 1994 - the Sangguniang Panlalawigan of Negros Occidental

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