DIMAAMPAO, J.:
A Rule 65 petition is a unique and special rule because it commands limited review of the question raised. As an extraordinary remedy, its purpose is simply to keep the public respondent within the bounds of its jurisdiction or to relieve the petitioner from the public respondent's arbitrary acts. In this review, the Court is confined solely to questions of jurisdiction whenever a tribunal, board or officer exercising judicial or quasi-judicial function acts without jurisdiction or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction....The elucidation of the Court in the case of Puentevella v. Commission on Audit[19] is worth reiterating:
The limitation of the Court's power of review over COA rulings merely complements its nature as an independent constitutional body that is tasked to safeguard the proper use of the government and, ultimately, the people's property by vesting it with power to (i) determine whether the government entities comply with the law and the rules in disbursing public funds; and (ii) disallow legal disbursements of these funds.[18] (Emphasis supplied)
It is primal that factual findings of administrative bodies charged with their specific field of expertise. are afforded great weight by the courts, and in the absence of substantial showing that such findings were made from an erroneous estimation of the evidence presented, they are deemed conclusive and binding upon this Court. In the interest of stability of the governmental structure, they should not be disturbed.[20]Viewed through this lens, the Court once more upholds its general policy of affirming a decision rendered by an administrative agency, especially one that is constitutionally created, not only on the basis of the doctrine of separation of powers but also for their presumed expertise in the laws that they are entrusted to enforce.[21]
Indeed, [Republic Act] No. 11223, as a curative law, should be given retrospective application to the pending proceeding because it neither violates the Constitution nor impairs vested rights. On the contrary, [Republic Act] No. 11223 further promotes the objective of [Republic Act] No. 7305, which is to promote and improve the social and economic wellÂ-being of health workers, their living and working conditions and terms of employment. As a curative statute, [Republic Act] No. 11223 applies to the present case and to all pending cases involving the issue of whether Phil Health personnel are public health workers under Section 3 of [Republic Act] No. 7305. To reiterate, [Republic Act] No. 11223 settles, once and for all, the matter that PhilHealth personnel are public health workers in accordance with the provisions of [Republic Act] No. 7305.Nevertheless, in the 2021 case of PhilHealth v. Commission on Audit,[24] (2021 Philhealth) the Court clarified that not all public health workers are entitled to the benefits enumerated under Republic Act No. 7305. Thus, the Court disallowed the payment of subsistence allowance and laundry allowance to PhilHealth personnel because only public health workers who render service within the premises of hospitals, sanitaria, health infirmaries, health centers, clinics, and other health-related establishments, as well as those who wear uniforms regularly, shall be entitled to such allowances. The Court ratiocinated that:
Evidently, [Republic Act] No. 11223 removes any legal impediment to the treatment of PhilHealth personnel as public health workers and for them to receive all the corresponding benefits therewith, including longevity pay. Thus, ND H.O. 12-005 (11), disallowing the longevity pay or PhilHealth personnel, must be reversed and set aside. As PhilHealth personnel are considered public health workers, it is not necessary anymore to discuss the issue on good faith.[23]
As clearly expressed in PhilHealth, the grant of the WESA is not a blanket award to all PHWs; rather it only applies to certain qualified employee who meet the contingent requirements under R.A. No. 7305 and its IRR.This same conclusion was reached in the 2023 PhilHealth v. Commission on Audit[26] (2023 Philhealth) case, where the Court disallowed the payment of subsistence allowance to PhilHealth personnel on the same raison d'etre:
By analogy, records of this case are bereft of evidence showing petitioner's conformity with the foregoing qualifications under R.A. No. 7305 and its IRR. There is a glaring absence of proof that the WESA was awarded lo officers and employees who actually rendered service within the premises of the stipulated health-related establishments; neither did petitioner bother to demonstrate that the recipients were not disqualified to receive such amounts. To recapitulate, the IRR specifies that PHWs on vacation or sick leave and special privilege leave, on terminal leave and commutation, on official travel and are receiving per diem, and those on maternity or paternity leave, are not entitled to receive subsistence allowance. Equally telling, it is not definite if recipients of the WESA were required to wear uniforms regularly. All told, petitioner released the WESA rather sweepingly, without taking into account the qualifications as required by law and which were never disregarded by the Court in upholding the validity of the WESA.[25]
However, despite the classification of PhilHealth's employees as public health workers, this Court cannot apply the same reasoning to justify the grant of WESA or subsistence allowance. This Court has previously discussed that the award of WESA or subsistence allowance is not a blanket award to all public health workers and that it is granted only to those who meet the requirements of Republic Act No. 7305 and its Implementing Rules and Regulations, and thus, a sweeping grant of the same justifies its disallowance.Verily, the grant of hazard pay, subsistence allowance, and laundry allowance finds statutory hook under the following provisions of Republic Act No. 7305:
. . . .
Similarly, in this case, the WESA or subsistence allowance was granted sweepingly without showing that the aforementioned qualifications had been met. Thus, the disallowance is justified and does not amount to grave abuse of discretion.
Finding no grave abuse of discretion on the part of COA as regards the disallowances, except to that pertaining to the longevity pay, this Court upholds the assailed rulings of the COA as to the disallowance of those benefits and allowances.[27]
Section 21. Hazard Allowance. - Public health workers in hospitals, sanitaria, rural health units, main health centers, health infirmaries, barangay health stations, clinics and other health-related establishments located in difficult areas, strife-torn or embattled areas, distressed or isolated stations, prison camps, mental hospitals, radiation-exposed clinics, laboratories or disease-infested areas or in areas declared under state of calamity or emergency for the duration thereof which expose them to great danger, contagion, radiation, volcanic activity/eruption, occupational risks or perils to life as determined by the Secretary of Health or the Head of the unit with the approval of the Secretary of Health, shall be compensated hazard allowances equivalent to at least twenty-five percent (25%) of the monthly basic salary of health workers receiving salary grade 19 and below, and five percent (5%) for health workers with salary grade 20 and above.Apropos thereto, the Rules and Regulations on the Grant of Compensation-Related Magna Carta Benefits to Public Health Workers under DBM-DOH Joint Circular No.2012-0001 ,[28] set forth the following conditions for the grant of subsistence and laundry allowances:
SECTION 22. Subsistence Allowance. - Public health workers who are required to render service within the premises of hospitals, sanitaria, health infirmaries, main health centers, rural health units and barangay health stations, or clinics, and other health-related establishments in order to make their services available at any and all times, shall be entitled to full subsistence allowance of three (3) meals which may be computed in accordance with prevailing circumstances as determined by the Secretary of Health in consultation with the Management-Health Worker's Consultative Councils, as established under Section 33 of this Act: Provided, That representation and travel allowance shall be given to rural health physicians as enjoyed by municipal agriculturists, municipal planning and development officers and budget officers.
. . . .
Section 24. Laundry Allowance. -All public health workers who are required to wear uniforms regularly shall be entitled to laundry allowance equivalent to One hundred twenty-five pesos ([PHP] 125.00) per month: Provided, That this rate shall be reviewed periodically and increased accordingly by the Secretary of Health in consultation with the appropriate government agencies concerned taking into account existing laws and prevailing practices. (Emphasis supplied)
8.0 Subsistence AllowanceMeanwhile, for the payment of hazard pay, DBM-DOH Joint Circular No. 01-16[29] provides:
8.1 Pursuant to Section 22 of [Republic Act] No. 7305, PHWs who render services within the premises of hospitals, sanitaria, health infirmaries, health centers, rural health units, and other health-related establishments such as clinics or medical departments of NGAs, GOCCs, and GFIs, and are required to make their services available at any and all times may be entitled to Subsistence Allowance.
8.2 PHWs under the following circumstances, however, are not entitled to Subsistence Allowance:8.2.1 When not required to make their services available at all times such that they can leave their workstations during break times;
8.2.2 When on leave of absence. with or without pay;
8.2.3 While on official travel and entitled to travel expenses under EO No. 298 and as amended; and
8.2.4 While attending trainings, seminars, workshops, and similar activities where meals are provided.
8.3 The Subsistence Allowance shall be [PHP] 50 for each day of actual full-time service, or [PHP] 25 for each day of actual part-time service.
. . . .
10.0 laundry Allowance
10.1 In view of Section 24 of [Republic Act] No. 7305, Laundry Allowance may be granted to PHWs in hospitals, sanitaria, health infirmaries, or other health-related establishments, to defray the cost for washing and pressing their personal protective clothing or uniforms required to be worn at all times while working - that will provide them the required degree of protection while reÂassuring patients of their professionalism, competency, and identity.
10.2 A PHW who rendered actual service on all workdays in a month shall be granted Laundry Allowance at [PHP] 150/month.
The new rules on the grant of Hazard Pay should be read as follows:Guided by the foregoing statutory and jurisprudential polestars, the payment of hazard pay, subsistence allowance, and laundry allowance to PhilHealth RO-NCR and Rizal personnel for the calendar year 2014 under Notice of Disallowance No. NCR 2015-002 COB (14) was correctly disallowed. In sooth, as in the 2021 and 2023 PhilHealth[30] cases, PhilHealth RO-NCR and Rizal sweepingly granted hazard pay, subsistence allowance, and laundry allowance to its personnel under the subject Notice of Disallowance. PhilHealth never bothered to explain whether the personnel who were granted said benefits are qualified considering the clear standards provided under Republic Act No. 7305, as well as the implementing rules.
3.1 Hazard Pay is an additional compensation for performing hazardous duties and for enduring physical hardships in the course of the performance of duties.
As a general compensation policy, and in line with Section 21 of [Republic Act] No. 7305, Hazard Pay may be granted to PHWs if the nature of their duties and responsibilities, their actual services, and location of work expose them to great danger, occupational risks, perils to life, and physical hardships, as determined by the Secretary of Health, or by the Head of the Agency or the Local Chief Executive, with the approval of the Secretary of Health.
3.2 Pursuant thereto, Hazard Pay may be granted to PHWs exposed to danger, perils to life and physical hardships in the following areas and circumstances:
3.2.1 Specific work areas in hospitals, sanitaria, leprosaria, and infirmaries such as patient wards intensive care units, operating rooms, out-patient departments, and other medical departments where PHWs are in contact with patients with contagious and communicable diseases and handle hospital paraphernalia used by patients such as linen, food, utensils, bedpan, etc.;
3.2.2 Specific work areas in Provincial Health Offices, City Health Offices, Municipal Health Offices, rural health units, and health centers where PHWs are exposed to out patients with contagious and communicable diseases:
3.2.3 Specific work areas in the DOH Central Office, DOHÂ Regional Offices, DOH attached agencies, and other health-related establishments where PHWs are exposed to patients with contagious and communicable diseases, or handling infectious specimens for testing, chemicals and other hazardous items;
3.2.4 Radiation-exposed areas such as laboratories and service workshops that involve operation or maintenance of radiation-emitting equipment and handling of radioactive and toxic substances;
3.2.5 Chemical and medical laboratories where personnel receive and directly handle infectious specimens or materials, or conduct inspection and regulatory functions;
3.2.6 Prison camps and institutions for mental health where exposure to bodily harm and risks from psychiatric patients exist;
3.2.7 Drug abuse drop-in centers or rehabilitation center where exposure to bodily harm and risks from drug-crazed patients exist;
3.2.8 Work areas where rescue operations/evacuations are carried out due to calamities and health emergencies;
3.2.9 Highly disease-infected and vector-infested areas;
3.2.10 Work areas involving handling and/or spraying of insecticides, molluscicides, pesticides and other hazardous chemicals;
3.2.11 Work areas involving direct handling of laboratory animals for purposes of experimentation, research, observation and the like;
3.2.12 Health-related establishments located in embattled or strife-torn areas which are sites of armed encounters between government troops and enemy forces and/or enemy-initiated attacks, raids, or ambuscades, as may be declared and certified by the Department of National Defense authorities concerned;
3.2.13 "Geographically Isolated and Disadvantaged Areas" pursuant to DOH Administrative Order No. 185, s. 2004, as defined and identified by the DOH due to distance, isolation, extreme weather conditions, and transportation inaccessibility/difficulties, hence with poor access to basic health services; and
3.2.14 Work areas in the health offices of the DOH Central Office, DOH Regional Offices and attached agencies, as well as in other national government agencies and local government units where PHWs are exposed to occupational risks, perils to life or physical hardships while performing administrative support services.
Section 16 of COA Circular No. 006-09[33] outlines the guidelines for establishing the degree of accountability attributed to individuals liable for the sums disallowed:
1. If a Notice of Disallowance is set aside by the Court, no return shall be required from any of the persons held liable therein.2. If a Notice of Disallowance is upheld, the rules on return are as follows: a. Approving and certifying officers who acted in good faith, in regular performance of official functions, and with the diligence of a good father of the family are not civilly liable to return consistent with Section 38 of the Administrative Code of 1987. b. Approving and certifying officers who are clearly shown to have acted in bad faith, malice, or gross negligence are, pursuant to Section 43 of the Administrative Code of 1987, solidarily liable to return only the net disallowed amount which, as discussed herein. excludes amounts excused under the following Sections 2c and 2d. c. Recipients - whether approving or certifying officers or mere passive recipients - are liable to return the disallowed amounts respectively received by them, unless they are able to show that the amounts they received were genuinely given in consideration of services rendered. d. The Court may likewise excuse the return of recipients based on undue prejudice, social justice considerations, and other bona fide exceptions as it may determine on a case-to-case basis.[32]
Pursuant to Notice of Disallowance No. NCR 2015-002 COB (14), the following persons were made liable for the disallowance:
16.1 The Liability of public officers and other persons for audit disallowances/charges shall be determined on the basis of (a) the nature of the disallowance/charge; (b) the duties and responsibilities or obligations of officers/employees concerned; (c) the extent of their participation in the disallowed/charged transaction; and (d) the amount of damage or loss to the government, thus: . . . . 16.1.2 Public officers who certify as to the necessity. legality and availability of funds or adequacy of documents shall be liable according to their respective certifications. 16.1.3 Public officers who approve or authorize expenditures shall be liable for losses arising out of their negligence or failure to exercise the diligence of a good father or a family. . . . . 16.1.5 The payee of an expenditure shall be personally liable for a disallowance where the ground thereof is his failure to submit the required documents, and the Auditor is convinced that the disallowed transaction did not occur or has no basis in fact.
Name | Position/Designation | Nature of Participation in the Transaction |
Atty. Alexander A. Padilla | PHIC President and CEO | 1. Implemented Office Order No. 0032, s. 2013 dated February 5, 2013 approved by then OICÂPresident and CEO, Dr. Enrique T. Ona 2. Approved the ff. Office Order: a. Office Order No. 0095, s. 2013 dated September 3, 2013 b. Office Order No. 0067, s. 2014 dated July 23, 2014 c. Office Order No. 0083, s. 2014 dated September 15, 2014 |
Recto M. Panti | Division Chief IV MSD | Approved the payment of the ff. Payroll/DY Nos.: N14-01-0012, N14-01-01 19, N14-02-0244, NI 4-03-0600, N14-03-0642, N14-04-0700, N14-04-0839, N14-05-0904, N14-06-1116, N14-06-1 147, N14-06-1148, N 14-06- 1255, N14-06-1256, N14-07-1290, N14-07-1293, N14-07-1345,N14-07-1347, N14-07-1390 & Nl4-07-1464 |
Ronald M. Vergara | Senior Social Insurance Officer | Signed and approved on behalf of Atty. Recto M. Panti the payment of Payroll No. N 14-03-0503 |
Cheryl W. Peña | Division Chief IV MSD | 1. Approved the payment of the ff. Payroll/DY Nos.: N 14-08-1521, N 14-08-1634, N14-08-1685, N 14-09-1714, N14-09-1741, N14-09-1811 , N14-09-1928, N 14-10-1940, N14-10-1948, N14-10-2061, N14-11-2164, N14.-11-2176' N14-11-2284, N14-11-2332, N14-12-2399, N14-12-2439, N14-12-2460 & N14-12-2491 2. Certified that charges to budget necessary, lawful and under his/her direct supervision; supporting documents valid, proper, legal and complete; actual services rendered by employees on the ff. Payroll/DY Nos.: N14-06-1255, N14-06-1256, N14-07-1293, N14-07-1345, N14-07-1347, N14-07-1390, N 14-08-1685, N14-06-116, N14-06-1147, N14-06-1148, N14-07-1290, N14-07-1464 & N14-08-1521 |
Dennis S. Mas | Vice President PRO NCR and Rizal | Approved the payment of DV No. N 14-08-1619 |
Lucile B. Arenas | Head-Human Resource Unit | Certified that charges to budget necessary, lawful and under his/ her direct supervision; supporting documents valid, proper, legal and complete; actual services rendered by employees on the ff. payroll/DY Nos.: N14-03-0600, N14-04-0839, N14-01-0012, N14-01-0119, N14-02-0244, N14-03-0642, N14-04-0700 & N14-05-0904 |
Lourdes V. Cleofas | Head-Human Resource Unit | Certified that charges to budget necessary, lawful and under his/ her direct supervision; supporting documents valid, proper, legal and complete; actual services rendered by employees on the ff. payroll/DY Nos.: N14- 08-1619, N14-09-1811, N14-10-1940, N14-10-2061, N14-11-2284, N14-12-2491, N14-08-1634, N14-09-1714, N14-09-1928, N14-10-1948, N14-11-2164, N14-11-2176 & N14-11-2332 |
Divina Gracia S. Armas | Administrative Officer II | Signed and certified on behalf of Ms. Lourdes V. Cleofas that charges to budget necessary, lawful and under his/ her direct supervision; suppo1iing documents valid, proper and legal on Payroll/DY Nos. N14-12-2439' N14-12-2460, N14-03-0503, N14-09-1741 & N14- 12-2399 |
Joel P. Santos | Head-Budget Unit | Certified that budget is available and utilized for the purpose on the ff. Payroll/DY Nos.: N14-01 -0012 & N14-01-0119 |
Hazel H. Dimayuga | Social Insurance Officer I | 1. Signed and certified on behalf of Mr. Joel P. Santos that budget is available and utilized for the purpose on Payroll No. N14-02-0244 2. Signed and certified on behalf of Ms. Maricel J. Maglalang that budget is available and utilized for the purpose on Payroll/DY Nos. N14-04-0839 & N14-05-0904 |
Maricel J. Maglalang | Fiscal Controller IV-FMS | 1. Certified that budget is available and utilized for the purpose on Payroll/DY Nos. N14-03-0503, N14-03-0600, N14-03-0642 & N14-04-0700 2. Certified the gross amount correct amount of mandatory deductions, loans/other deductions, adjustment and net amount on the ff Payroll Nos.: N14-01-0012, N14-02-0244, N14-03-0503 , N 14-04-0700, N14-06-1116, N14-08-1521, N 14-09- 1714, N14-09-1741, N14-09-1928, N14-10-1948, N14-11-2164, N14-11-2176, N14-11-2332 & Nl4-12-2399 3. Certified that supporting documents are complete on the ff. DV Nos: N14-03-0600 & N14-08-1685 |
Urcisimo I. Rivera | Chief Social Insurance Officer | Certified that budget is available and utilized for the purpose on the ff. Payroll/DY Nos.: N14-06-1116, N14-06-1147, N14-06-1148, N14-06-1255, N14-06- 1256, N14-07-1290, N14-07-1293, N14-07-1345, N14-07-1347, N14-07-1390 , N14-07- 1464, N14-08-1521, N14-08-1619, N 14-08-1634, N14-08-1685, N14-09-1714, N14-09- 1741, N14-09-1811, N14-09-1928, N14-1 0-1940, N14-10-1948, N14-10-2061, N14-11-2164, N14-11-2176, N14-11-2284, N14-11-2332, N14-12-2399, N14-12-2439, N14-12-2460 & N14-12-2491 |
Joselyn Pingad | Fiscal Controller III-FMS | 1. Certified that suppotiing documents are complete on DV Nos. N14-04-0839, N14-06-1255, N14-06-1256, N14-07-1293, N14-07-1345 , N14-07- 1390, N14-08-1619, N14-09-1811 , N14-10-1940, N14-10-2061, N14-11-2284, N14-12-2439, N14-12-2460 & N14-12-2491 2. Signed and certified on behalf of Ms. Maricel J. Maglalang that supporting documents are complete on DV No. N14-07-1347 3. Certified the gross amount, correct amount of mandatory deductions, loans/other deductions, adjustment and net amount on the ff. Payroll Nos.: N14-01-0119, N14-03-0642, N14-0S-0904, N14-06-1147, N14-06-1148 & N14-08-1634 |
Jenny-Pearl R. Perez | Fiscal Controller III-Cashiering Unit | Certified that payment was received by the employees on the ff. Payroll Nos.: N14-01Â0012,N14-01-0119, N14-02-0244, N14-03-0503, N14-03-0642, N14-04-0700, N14-05-0904, N14-06-1116, N14-06-1147, N14-06- 1148, Nl4-07-1290, N14-07-1464, N14-08-1521, N14-08-1634, N14-09-1714 , N14-09- 1741, N14-09-1928, N14-10-1948, N14-11-2164, N14-11-2176, N14-11-2332 & N14-12-2399 |
PRO NCR and Rizal Officers and Employees | Refer to PRRO NCR Payrolls/DVs | Payees-Received Payment[34] |
In Securities and Exchange Commission v. Commission on Audit, this Court. sitting En Banc, resolved not to rule on the merits of the civil liability of the payee-recipients who were already exonerated from liability by the COA, especially ince such absolution was not questioned before this Court, thus:In the case at bench, the COA, in the impugned Decision, excused the recipients from returning the amounts they respectively received. This was affirmed in the assailed COA Resolution. Consistent with its pronouncements in Philippine Mining Development Corp. and Dela Calzada, the Court cannot modify the COA ruling absolving the recipients from returning the amounts they received for the same has already attained finality.[The COA-CP] excused the SEC employees from refunding the amount they each received from the counterpart contribution of the SEC to the provident fund; but held the approving, certifying and authorizing officers solidarily liable for the total disallowance: [sic,] but held the approving, certifying, and authorizing officers solidarily liable for the total disallowance.The particular circumstances in this case is similar to SEC. To recall, the COA-CP similarly excluded the recipient employees from refunding the medical benefits they received. While they were absolved on the basis of good faith as abandoned by Madera, this Court must give due deference to the doctrine of finality of judgments, considering that their corresponding liability was no longer raised as an issue in the instant petition. Concomitantly, in Social Security System v. Commission on Audit, the Court affirmed the COA-CP Decision, excusing the passive payees from returning the disallowed amounts on the ground of having received the same in good faith. Since their liability was no longer questioned or put in issue in the instant petition, this Court considered the COA-CP's Decision "final and immutable."
We are confronted by the fact that the COA En Banc had already absolved the SEC payees-recipients from civil liability. Their absolution has not been questioned in the present petition.
Consistently, this Court shares the observation of Senior Associate Justice Estela Perlas-Bernabe (Justice Perlas-Bernabe) that there is no cogent reason to deviate from the prevailing rule that when the payee recipients have already been finally absolved from civil liability by the COA, the merits of such absolution should be respected and not touched upon by the Court in an appeal filed by the approving or certifying officers, who in contrast, were held liable under the subject disallowances. As such, this Court maintains the absolution of herein recipient employees pursuant to the finality of judgment as elucidated in the earlier rulings of SSS and SEC.[36]