Appeal Memo Dapcwd

September 15, 2016
HON. GUILLERMO A. ROJAS MATEO

State Auditor V
Supervising Auditor
COMMISSION ON AUDIT
COA-Regional Office 9
Cabatangan Hills, Zamboanga City
THRUS
JOEL E. MARCOS
State Auditor IV
Audit Team Leader
DapCWD
Sir:
Greetings!
The OIC Manager, Officers, Board of Directors, and the
employees responsible of Dapitan City Water District,
Dapitan
City,
undersigned
Zamboanga
counsel,
Del
received
Norte
copies
assisted
of
by
Notice
the
of
Disallowances from your Honorable Office on July 24, 2016 to

wit:
1. ND NO.
:
DapCWD 2013-01 (2013-15)
Date
:
June 14, 2016
Subject :
Financial Subsidy for CY 2013-2014
Amount
Disallowed
:
Php. 7,120,000.00
Reason/s :
The amount of Php. 7,120,000.00 was
disallowed
in audit because of no legal basis. The
Philippine
Constitution
specifically
Section 8 of Article IX-B prescribed the
payment of additional, double or
indirect
compensation,
unless
specifically authorized by law.
Financial subsidy paid was not in
accordance to Section 57 of RA No. 9524
(GAA of 2009) and Memorandum
Circular No. 174 s. 2009. The MC COA
Circular No. 2013-003 dated January 30,

2013 emphasized that government
officials and employees shall be entitled
only to allowances,
incentives, and
other benefits expressly provided by
law, and other statutory authority, and
the rules and regulations, promulgated
by competent authority.
2.
3. ND NO.
:
DapCWD 2013-02 (2013-15)
Date
:
June 14, 2016
Subject :
Year End Financial Assistance for CY
2013-2014
Amount
Disallowed
:
Php. 869, 346.08
Reason/s :
The amount of Php. 869, 346.08 was
disallowed
in audit because of no legal basis. The
Philippine
Constitution
specifically
Section 8 of Article IX-B prescribed the
payment of additional, double or
indirect
compensation,
unless
specifically authorized by law. COA
Circular No. 2013-003 dated January 30,
2013 emphasized that government
officials and employees shall be entitled
only to allowances,
incentives, and
other benefits expressly provided by
law, and other statutory authority, and
the rules and regulations, promulgated
by competent authority.
Persons liable :
GROUNDS RELIED UPON FOR

THE GRANT OF THIS APPEAL
PRAYER
WHEREFORE, based on the foregoing, it is most

respectfully prayed that:
1. the decision of the Executive Labor Arbiter of the
Sub-Regional Arbitration Branch No. 09 declaring the
appellees to have been illegally dismissed be set
aside.
2. Holding respondents-appellants liable for monetary
awards to the complainants-appellees in the amount
of (P 201, 467.26) each be reversed and set aside.
3. RespondentAll other relief just and equitable under the premises
are likewise prayed for.
September 2, 2016. Dapitan City for Cagayan de Oro
City, Philippines.
CHEMBEELYN A. BALUCAN
Counsel for the Respondent
2/F Corporate Office Bldg.
Gloria de Dapitan Complex, Sunset Blvd,
Dawo, Dapitan City
Roll No. 64079 April 27, 2015
IBP No. O.R. No. 1025104 (2016)
ZN
PTR No. O.R. No. 5216891 (2016)
ZN
MCLE Compliance No. V - 0015024
Copy furnished: (by registered mail)

Guillermo A. Rojas Mateo
State Auditor V
Supervising Auditor
REPUBLIC OF THE PHILIPPINES)

City of Dapitan--------------------- ) S.S.
VERIFICATION
We, MA. CONCEPCION G. BAYRON, CRISELDA J.
RUSIANA,
ELOISA
H.
RUIZ,
ANNELOUISE
T.
BALLADARES, RUSSEL G. PAGLINAWAN, ALEXANDER C.
YORONG, MILA J. YAP, RONY J. DAGPIN, JEDY G.
SORRONDA, SUSTINES M. ENOY of legal age, Filipinos,
residents of Dapitan City, ZamboangadelNorte, subscribing
under oath, hereby depose and state;
That we are the appellants and have caused the
preparation of the foregoing APPEAL by supplying the facts
and documents constituting the material averments;
That we have read and understood the import of the
same and found it to be true and correct to our direct
personal knowledge or based on authentic records and
documents.
In witness whereof, we have hereunto affixed our
signature this ___day of September, 2016 at Dapitan City,
Philippines.
MA. CONCEPCION G. BAYRON
RUSIANA
Affiant
Valid ID No. ____________________
____________________
CRISELDA
J.
Affiant
Valid
ID
No.
ELOISA G. RUIZ
ANNELOUISE T. BALLADARES
Affiant
Affiant
Valid ID No. ____________________
Valid
ID
No.
____________________
RUSSEL G. PAGLINAWAN
ALEXANDER C. YORONG
Affiant
Affiant
Valid ID No. ____________________
Philhealth ID No. 14000040111-7
MILA J. YAP
Affiant
Senior Citizens ID
0131
No. 002641
RONY J. DAGPIN
Affiant
Drivers License No.
SUSTINES M. ENOY
Affiant
TIN No. 285-760-171
JEDY G. SORRONDA
Affiant
VIN No. 0023601
7201-
SUBSCRIBED AND SWORN to before me on the date

and at the place above-written, affiant exhibiting to me
Valid Identification Card with corresponding number
indicated under her name.

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September 15, 2016

HON. GUILLERMO A. ROJAS MATEO

Disallowances from your Honorable Office on July 24, 2016 to

Circular No. 2013-003 dated January 30,

GROUNDS RELIED UPON FOR

WHEREFORE, based on the foregoing, it is most

Copy furnished: (by registered mail)

REPUBLIC OF THE PHILIPPINES)

SUBSCRIBED AND SWORN to before me on the date

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