BFAR vs COA GR No. 169815, August 13, 2008, 562 SCRA 134
The social justice provisions of the Constitution are not self executing principles ready for enforcement through courts. They are merely statements of principles and policies. To give them effect, legislative enactment is required.
Bureau of Fisheries and Aquatic
Resources (BFAR) Employees Union, Regional Office No. VII, Cebu City v.
Commission on Audit
Date of Promulgation: August 13, 2008
Petition: Review on certiorari of the decision and resolution of the Commission
on Audit-Legal and Adjudication Office
Plaintiff and appellee: BFAR Employees Union, Regional Office No. VII
Defendant and appellants: Commission on Audit
Facts:
·
BFAR
Employees Union issued Resolution No. 01 requesting the BFAR Central Office for
a Food Basket allowance to alleviate “high cost of living”.
·
Cesar
M. Drilon, Jr., Undersecretary for Fisheries and Livestock of the Department of
Agriculture approved (P10,000.00 each to the 130 employees of BFAR Region VII
for a total of P1,322,682.00).
·
Commission
on Audit-Legal and Adjudication Office (COA-LAO) disallowed the grant of Food
Basket Allowance.
·
Petitioner’s
motion for reconsideration and appeal were both denied. Hence this appeal
Issue:
1.
WoN
the disallowance is unconstitutional as it contravenes Secs. 9 and 10, Art. II
of the 1987 Constitution
2.
WoN
the approval of the Undersecretary for Fisheries and Livestock (Drilon) is
tantamount to the authority from the president
3.
WoN
the food basket allowance conforms with Sec. 12 of the Salary Standardization
Law
4.
WoN
the food basket allowance is not included in the National Compensation Circular
No. 59 (List of allowances that are integrated into the Basic Salary)
Ratio:
1.
No. The
social justice provisions of the Constitution are not self-executing
principles. To give them effect, legislative enactment is required.
2.
No.
DA Undersecretary has not authority to grant any allowance to the employees of
BFAR. (Based on Section 4.5 of Budget Circular No. 16)
3.
No.
The benefits excluded from the standard salary rates are those which are
granted to employees for the reimbursement of the expenses incurred in the
performance of their official functions. The food basket allowance is not a
reimbursement. It is a form of financial assistance to employees of the BFAR.
4.
Yes. The
food basket allowance falls under the 14th category (incentive
allowance/fee/pay). Thus it is already incorporated in their salary and can no
longer be granted by the government
Held: Petition is DENIED. Decision
of COA-LAO is AFFIRMED.
Notes:
·
Sec.
9, Art II. (1987 Constitution).
“The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for
all.”
·
Sec.
10, Art II. (1987 Constitution).
“The State shall promote social justice in all phases of national development.”
·
Section
4.5 of Budget Circular No. 16
“All agencies are hereby prohibited from granting any food, rice, gift checks,
or any other form of incentives/allowances except those authorized via Administrative
Order by the Office of the President.”
·
Sec
12 of Salary Standardization law
All kinds of allowances are integrated in the standardized salary rates except…
(7) such other additional compensation not otherwise specified herein as may be
determined by the DBM
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