COA affirms liability of SBMA board members in overpaid per diems for 2009, 2010
The Commission on Audit (COA) has affirmed the P6.4 million disallowance it issued against the members of the board of directors of Subic Bay Metropolitan Authority (SBMA) for overpayment of per diems in 2009 and 2010.
The COA denied the motions for reconsideration of Ma. Cristina P. Fernandez-Milian, Armand C. Arreza, Emilia S. Canonizado, and Jennifer T. Guiang of the SBMA and held them liable for the overpayment.
They contested COA’s Notice of Disallowance (ND) Nos. 2010-11-001 (2009) and 2010-11-002 (2010) on the overpayment of per diems amounting to P5,740,000 and P700,000 or a total of P6,440,000.
In her motion, Milian alleged that the evidence is insufficient to prove that the overpayment of per diems resulted from her negligence or any failure on her part to exercise the diligence of a good father of a family. Arreza and the others argued that they acted in good faith.
The COA denied their motions. It said: "This Commission finds it untenable to relieve the officials from refunding the amount disallowed on the ground of good faith. As to the officers who approved and certified the payment of the disallowed allowance, they cannot claim good faith on their failure to observe a clear provision of law."
It said that as senior management officials, they carry a degree of responsibility to ensure that public funds are disbursed properly and lawfully.
It also said that their participation in the release of the board of directors’ excess per diems is not ministerial in nature, but involves the exercise of discretion.
"They knew that the SBMA's request for exemption therefrom had not yet been approved by the Office of the President, and yet they still released the excess per diems in blind obedience to the directive of the Board," it added.
At the same time, the COA said that they cannot blame their actions as a "mere lapse" with the presumption of good faith. "It is a patent disregard of the issuances of the President, which amounts to gross negligence, making them liable for the refund thereof."
The six-page decision was signed by Chairperson Gamaliel A. Cordoba and Commissioners Roland Cafe Pondoc and Mario G. Lipana.