NTC Vs COA
NTC Vs COA
NTC Vs COA
j,upremt (ourt
~lanila
EN BANC
SERENO, CJ,
CARPIO,
VELASCO, JR,
LEONARDO-DE CASTRO,
PERALTA,
BERSAMIN,
-versus - DEL CASTILLO,
PERLAS-BERNABE,
LEONEN,
JARDELEZA,
CAGUIOA,*
MARTIRES,
TIJAM,·"'
REYES, and
COMMISSION ON AUDIT (COA) GESMUNDO, JJ.
and COA Chairperson MICHAEL
G. AGUINALDO, Promulgated:
Respondents. February 20, 2018
x----------------------------------1¥1-~~=~--x
RESOLUTION
On official leave.
1
Rollo, pp. 13-42.
2
Id. at 43-50; signed by Chairperson Michael G. Aguinaldo, Commissioner Jose A. Fabia and Commissioner
Isabel D. Agito.
Resolution 2 G.R. No. 227796
Factual Antecedents
Id. at 14-15.
Id. at 15.
Id. at 16.
ld. at 16-1 7.
Id. at 65.
Id.
<)
Id.
io Id.
Resolution 3 G.R. No. 227796
petitioner Transco. 11
II
Id. at 17-18.
12
Id. at 81-88; penned by Rufina S. Laquindanum, Director IV.
IJ
Id. at 87-88.
14
Id. at 43-50.
15
SEC. 63. Separation Benefits of Officials and Employees of Affected Agencies. - National government
employees displaced or separated from the service as a result of the restructuring of the electricity industry
and privatization ofNPC assets pursuant to this Act, shall be entitled to either a separation pay and other
benefits in accordance with existing laws, rules or regulations or be entitled to avail of the privileges
provided under a separation plan which shall be one and one-half month ~alary for every year of service in
the government: Provided, however, That those who avail of such privilege shall start their government
service anew if absorbed by any government-owned successor company. In no case, shall there be any
diminution of benefits under the separation plan until the full inlplementation of the restructuring and
privatization.
Displaced or separated personnel as a result of the privatization, if qualified, shall be given preforencc
in the hiring of the manpower requirements of the privatized companies.
The salaries of employees of NPC shall continue to be exempt from the coverage of Republic Act No.
6758, otherwise known as ''The Salary Standardization Act".
With respect to employees who are not retained by NPC, the government, through the Department of
Labor and Employment, shall endeavor to implement re-training, job counseling, and job placement
programs.
16
RULE 33. SEPARATION BENEFITS Section 1. General Statement on Coverage. This Rule shall apply to
all employees in the National Government service as of26 June 2001 regardless of position, designation or
status, who are displaced or separated from the service as a result of the Restructuring of the electricity
indust1y and Privatization of NPC assets: Provided, however, That the coverage for casual or contractual
employees shall be limited to those whose appointments were approved or attested by the Civil Service
Commission (CSC).
Resolution 4 G.R. No. 227796
'll1e concemed Audit Team Leader and Supervising Auditor shall issue a
supplemental Notice of Disallowance to include as persons liable the concerned
Members of the Board of Directors who approved said Board Resolutions. 21
C.
WHETHER X X X [RESPONDENT COA-CP] COMNIITTED GRAVE
ABUSE OF DISCRETION IN ISSUING DECISION NO. 2016-278
~~
22
_ _ _ _D_A_1_E_D 28 SEP'l'EMBER2016.
17 /.tf/£/C"
Rollo, pp. 46-48.
18
Id. at 47-48.
19
Id. at 48-49.
20
Id. at 48.
21
ld. at 49.
22
Id.at19.
Resolution 5 G.R. No. 227796
Ruling
The issues raised by petitioner Transco hf!ve be~n resolved in the similar
Gase of National Transmission Corporation v. Commission on Audit,23 where the
Court sustained the disallowance of a portion of the separation benefits of an
employee corresponding to the period when he was still a contractual employee.
In that case, the Court ruled that under the EPIRA Law contractual employees are
entitled to separation benefits only if their appointments have been approved or
attested to by the CSC. 24
In this case, since there was no proof that Agulto's appointment was duly
approved or attested to by the CSC, the disallowance of the amount of P22,965.81
was valid and proper. Thus, the Court finds no grave abuse of discretion on the
part of respondent COA~CP is sustaining the disallow~nce.
SO ORDERED.
,.
~~
MARIANO C. DEL CASTILLO
Associate Justice
WE CONCUR:
,$
4~.~1l:~ Associate Justice
.PERALTA
ha~ fl.t,rJ/
ESTEI-1A N!fPERLAS-BERNABE
Associate Justice
,. . . ., (h A. ~~,.., ,,.__
/~~~'{)'' ~
FRANCIS H . .lARDELEZA
Associate Justice
'.~11 'v1l
/ j 111A~
~.
(On official leave) tvr,.( 11111w1/
ALFREDO BENJAlVUN S. CAGUIOA 'JVJUEL . TIRES
Associate Justice Associate Justice
Resolution 7 G.R. No. 227796
~
u,
NOEL GIMENEZ TIJAM AND REYES, JR.
Associate Justice A te.Justice
CERTIFICATION
I certify that the conclusions in the above Resolution had been reached in
consultation before the case wm; assigned to the writer of the opinion of the Comt.
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CLER!-( OF COURT, EN BANC
SUPREME COURT