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MARITIME INDUSTRY AUTHORITY v. COA

This case has been cited 3 times or more.

2016-01-26
MENDOZA, J.
Pursuant to Section 12 of the SSL, employee benefits, save for some exceptions, are deemed integrated into the salary. In Maritime Industry Authority v. CO A (MIA),[21] the Court emphasized that the general rule was that all allowances were deemed included in the standardized salary and the issuance of the DBM was required only if additional non-integrated allowances would be identified. In accordance with the MIA ruling, the COLA and AA were already deemed integrated in the standardized salary.
2015-09-08
PERLAS-BERNABE, J.
Their unexplained failure in this wise, therefore, goes against their claim of good faith in the allowance and payments pf the CNA Incentives, especially since the 2008 CNA Incentive had already been disallowed even prior to the approval of Ordinance No. 09-01 authorizing the release of the 2009 CNA Incentive. That they did not receive any amount[54] from the disallowed benefits does not exculpate them from personal and solidary liability for reimbursement therefor, under the legal provisions above-quoted, as receipt of the disallowed benefits is inconsequential, absent any showing of good faith. As aptly pointed out by Associate Justice Arturo D. Brion during the deliberations on this case, the receipt or non-receipt of illegally disbursed funds is immaterial to the solidary liability of the government officials directly responsible therefor, as in the case of Maritime Industry Authority v. COA,[55] where the Court held the approving officers therein who acted in bad faith as solidarity liable to return the disallowed funds, even if they never got hold of them.
2015-09-08
PERLAS-BERNABE, J.
On November 13, 2007[4] and February 4, 2008,[5] the LGU of Tayabas, Quezon entered into CNAs with the Unyon ng mga Kawani ng Pamahalaang Lokal ng Tayabas (UNGKAT),[6] an employees' organization of the LGU of Tayabas, Quezon duly registered with the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC), per Certificate of Registration No. 827[7] dated June 14, 2001, which conferred upon it "the right to be certified" as the sole representative of the LGU of Tayabas, Quezon's rank-and-file employees.[8]