Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 103 views

    Fua V Coa

    Uploaded by

    samdelacruz1030
    1) The provincial government of Siquijor granted extra Christmas bonuses of P20,000 to its officials and employees based on resolutions passed and a letter from the President with "NO OBJECTION" noted. However, an audit questioned the legality of the bonuses under budget circular and law limitations. 2) Gov. Fua appealed denials of his motion for reconsideration up to the COA-LAO-Local but then filed directly with the Supreme Court. COA argued he failed to exhaust administrative remedies. 3) The Supreme Court held that Gov. Fua failed to exhaust all administrative remedies by not appealing further within COA, as the Commission Proper could still determine legal issues like the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Fua V Coa

    Uploaded by

    samdelacruz1030
    103 views1 page
    1) The provincial government of Siquijor granted extra Christmas bonuses of P20,000 to its officials and employees based on resolutions passed and a letter from the President with "NO OBJECTION" noted. However, an audit questioned the legality of the bonuses under budget circular and law limitations. 2) Gov. Fua appealed denials of his motion for reconsideration up to the COA-LAO-Local but then filed directly with the Supreme Court. COA argued he failed to exhaust administrative remedies. 3) The Supreme Court held that Gov. Fua failed to exhaust all administrative remedies by not appealing further within COA, as the Commission Proper could still determine legal issues like the

    Original Description:

    fasdasdas

    Original Title

    FUA V COA

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) The provincial government of Siquijor granted extra Christmas bonuses of P20,000 to its officials and employees based on resolutions passed and a letter from the President with "NO OBJECTION" noted. However, an audit questioned the legality of the bonuses under budget circular and law limitations. 2) Gov. Fua appealed denials of his motion for reconsideration up to the COA-LAO-Local but then filed directly with the Supreme Court. COA argued he failed to exhaust administrative remedies. 3) The Supreme Court held that Gov. Fua failed to exhaust all administrative remedies by not appealing further within COA, as the Commission Proper could still determine legal issues like the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    103 views1 page

    Fua V Coa

    Uploaded by

    samdelacruz1030
    1) The provincial government of Siquijor granted extra Christmas bonuses of P20,000 to its officials and employees based on resolutions passed and a letter from the President with "NO OBJECTION" noted. However, an audit questioned the legality of the bonuses under budget circular and law limitations. 2) Gov. Fua appealed denials of his motion for reconsideration up to the COA-LAO-Local but then filed directly with the Supreme Court. COA argued he failed to exhaust administrative remedies. 3) The Supreme Court held that Gov. Fua failed to exhaust all administrative remedies by not appealing further within COA, as the Commission Proper could still determine legal issues like the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    4.

    FUA V COA
    G.R. No. 175803, December 4, 2009
    Samio, Christine Derrika P.
    FACTS: The Sangguniang Panlalawigan of the Province of Siquijor adopted a resolution segregating the
    sum of P8,600,000.00 as payment for the grant of extra Christmas bonus at P20,000.00 each to all its officials and
    employees. Thereafter, another resolution was adopted requesting President Gloria Macapagal Arroyo for an
    authority to the Provincial Government of Siquijor to grant such bonus. The President then wrote a letter with a
    marginal note reading, NO OBJECTION. The provincial government, relying on the aforementioned resolutions and
    the Presidents marginal note, then proceeded to release the extra Christmas bonus to its officials and employees. An
    Audit Observation Memorandum questioned the legality of the payment of said bonuses, citing a Budget Circular
    limiting the grant of Extra Christmas Bonus to P5,000.00, and the Local Government Code imposing a 55%
    limitation on Personal Services expenditures.
    Gov. Fua filed a motion for reconsideration but was denied by the Regional Cluster Director. From said
    denial, petitioner appealed to the Commission on Audit-Legal and Adjudication Office (COA-LAO-Local). The
    COA-LAO-Local issued a Decision affirming the Regional Cluster Directors Notice of Disallowance.
    Aggrieved by the foregoing Decision of the COA-LAO-Local, Gov. Fua filed a petition to the Supreme
    Court. COA, on the other hand, argued that the petition should not be given due course because of petitioners
    failure to observe the doctrine of exhaustion of administrative remedies. Gov. Fua counters that the present case
    should be deemed an exception to the above-mentioned general rule, because the issue raised here is a purely legal
    one.
    ISSUE: Whether or not petitioner (Gov. Fua) has failed to exhaust all administrative remedies
    HELD: YES. By immediately filing the present petition for certiorari, petitioner failed to exhaust the
    administrative remedies available to him. The issues which administrative agencies are authorized to decide should
    not be summarily taken from them and submitted to the court without first giving such administrative agency the
    opportunity to dispose of the same after due deliberation. The Commission Proper, which is the tribunal possessing
    special knowledge, experience and tools to determine technical and intricate matters of fact involved in the conduct
    of the audit, would still be the best body to determine whether the marginal note of No Objection on petitioners
    letter-request to the President is indeed authentic and tantamount to the required approval.
    The case cannot be considered as an exception to the general rule since the issue presented is not a purely
    legal one. In addition, the Rules of Court, provides that the remedy of certiorari may only be availed of if there is
    no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law.
    Petitioner having failed to pursue an appeal with the Commission Proper, the Decision issued by the COALAO-Local has become final and executor.

    You might also like