Elmido insists declaratory relief is proper remedy vs Commission on Audit

CEBU, Philippines - Assistant Regional State Prosecutor Graeme June Elmido insisted that his petition for declaratory relief was the proper remedy available for him to question the notice of disallowance issued by the Commission on Audit against his monthly allowance from the Mandaue City government.

Elmido was reacting to the opinion made by Solicitor General Francis Jardeleza in moving for the dismissal of his petition for lack of merit.

According to Elmido, he was neither questioning the functions and authority of the COA to conduct its audit nor the legality of the issuance of the notice of suspension.

“Respondents deviously insinuate that this petition is improper by twisting facts. The respondents made it appear in their comment that the petitioner questions the power, authority and duty of the COA to prevent the court from acquiring jurisdiction in the petition,” he said.

Elmido said that he filed the civil case to seek the court’s assistance as to the interpretation and construction of Section 8 (a) (i) (xi) of Republic Act (RA) 7160 known as the Local Government Code and RA 10071 or An Act Strengthening and Rationalizing the National Prosecution Service.

He added that the phrases “stationed in” and “assigned to” have different meanings.

Elmido explained that “stationed in” refers to physical presence in a certain place while “assigned to” does not require physical presence as it refers to a specified task, job or duty.

Elmido believes that he and other regional state prosecutors were assigned to Mandaue City because they were tasked to resolve appealed cases.

He added that their scope of duty includes offices in Region 7 and Mandaue City was included in their area of assignment. In fact, the allowance was discretionary from the local government units.

On the issue that their allowance should not exceed 50 percent of their basic salary, Elmido said it only refers to each and not from all LGUs.

“It is clear that the 50 percent limit on the prosecutor’s basic salary as found under Section 16 of RA 10071 applies to the allowances received by the prosecutors from each and not from all LGUs,” Elmido added.

Elmido said that the allowance given to him from the LGUs was granted voluntarily and legally through valid appropriations.

Elmido earlier questioned the notice of disallowance issued by COA against his allowance from the Mandaue City government. COA said Elmido is not entitled to it because he is not stationed in the said city.

He named Cymbeline Celia Chiong-Uy, audit team leader; Anecita Pilapil, supervising auditor; and Delfin Aguilar, COA regional director, as respondents of the case. — (FREEMAN)