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COA grants petition of money claims of heirs of Pangasinan State U's former security guards
COA grants petition of money claims of heirs of Pangasinan State U's former security guards
The Commission on Audit (COA) has “partially granted” the petition for money claims lodged by the security guards of the Pangasinan State University and their heirs for payment of their overtime services rendered from 2000 to 2004.
In a six-page decision dated Feb.1, 2021, the commission gave in to the petition filed by security guards Mario G. Payomo, and Rodolfo I. Perez; and Ricky Parayno and Allan Sison as heirs of former security guards Domingo Paragon and Antonio Sison, respectively against the PSU and the Department of Budget and Management (DBM), for payment of overtime (OT) services rendered in years 2000 to 2004.
The petitioners sought the payment of OT services in the amount of P694,171.12, but COA partially granted their money claims "in the amount of P678,737.85, less mandatory deductions, subject to availability of funds and the usual accounting and auditing rules and regulations.”
“This Commission rules to grant this money claim, pro hac vice, on the basis of good faith on the part of the petitioners who honestly relied on the regularity of SOs (Special Orders) issued by the PSU President. They did not avail of CTO within the prescribed period because they believed that their OT services were added to their leave credits , which could be monetised or paid in cash upon retirement,” the COA said.
“Moreover, the PSU recognised the OT services rendered by petitioners which benefitted the university. It is only proper to compensate them for their services under the principle of unjust enrichment,” it added.
The decision, which was released last week, was signed by COA Chairperson Michael G. Aguinaldo and Commissioner Roland C. Pondoc.
Based on the ruling, the breakdown of the money claims for OT pay is as follows: Lopez, P51,440.16; Payomo, P45,534; Domingo G. Parayno, P41,010.52; Domingo Bruan, P43,921.60; Isidro C. Cruz, P43,659.12; Emilio G. Quino, P44,140.00; Sixto B. Valencerina, P46,583.20; Sison, P46,583.20; Johannes R. Arenas, P146,815.78; and Roger B. Beltran,P169,050.27.
“With respect to SGs (security guards) Arenas and Beltran, their claim is granted in the amounts pf P146,815.78 and P169,050.2, respectively in view of previous payment made to them under Check No. 191481 dated April 30, 2003,” the government auditors said.
“Finally, the amounts due to the deceased SGs Paragon and Sison shall be paid to and form part of their respective estate for the benefit of the legal heirs pursuant to the law on succession,” it added.
The COA concluded that as a rule, OT services are compensated through availment of Compensatory Time-Off (CTO)/Compensatory Overtime Credit (COC) and that payment of OT services through cash is discouraged.
“The PSU had no legal basis in converting OT pay into leave credits on the ground that earned COCs are non-commutative and will not be added to the regular leave credits of an employee,” it said.
It also noted that the period of availment of CTO already expired since petitioners failed to use earned COCs within the year/s they were earned.
“The petitioners who already retired from the service can no longer avail CTO since unutilized COCs are forfieited upon retirement or separation from the service,” it said.