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  • BFAR Employees Union Issued Resolution No. 01 Requesting The BFAR Central

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    audrich carlo agustin
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    The BFAR Employees Union requested a Food Basket Allowance from the BFAR Central citing high cost of living. The COA disallowed the grant, ruling it had no legal basis and violated the General Appropriations Act. The BFAR appealed but the COA upheld its decision, finding no Administrative Order had authorized such an allowance as required by the Budget Circular. The court denied BFAR's further appeal, stating that while the Constitution outlines State principles and policies, it does not embody judicially enforceable rights that were contravened in this case.

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    8-BoF-vs-COA

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    The BFAR Employees Union requested a Food Basket Allowance from the BFAR Central citing high cost of living. The COA disallowed the grant, ruling it had no legal basis and violated the General Appropriations Act. The BFAR appealed but the COA upheld its decision, finding no Administrative Order had authorized such an allowance as required by the Budget Circular. The court denied BFAR's further appeal, stating that while the Constitution outlines State principles and policies, it does not embody judicially enforceable rights that were contravened in this case.

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    13 views1 page

    BFAR Employees Union Issued Resolution No. 01 Requesting The BFAR Central

    Uploaded by

    audrich carlo agustin
    The BFAR Employees Union requested a Food Basket Allowance from the BFAR Central citing high cost of living. The COA disallowed the grant, ruling it had no legal basis and violated the General Appropriations Act. The BFAR appealed but the COA upheld its decision, finding no Administrative Order had authorized such an allowance as required by the Budget Circular. The court denied BFAR's further appeal, stating that while the Constitution outlines State principles and policies, it does not embody judicially enforceable rights that were contravened in this case.

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    Facts: BFAR Central

    Bureau of Fisheries vs Commission on Audit


    G.R. No. 169815, 13 August 2008
     BFAR Employees Union issued Resolution No. 01 requesting the BFAR Central
    Facts:

    BFAR Employees Union issued


    Resolution No. 01 requesting
    the BFAR Central
    The Bureau of Fisheries and Aquatic Resources Employees Union requested for a Food Basket
    Allowance (FBA), with justifying the request on the high cost of living, and also relying on the
    Employees Suggestions and Incentive Awards System, which: “includes the granting of
    incentives that will help employees overcome present economic difficulties, boost their morale,
    and further commitment and dedication to public service.” On post-audit, however, the
    Commission on Audit – Legal and Adjudication Office (COA-LAO) disallowed the grant of the
    FBA ruling that it had no legal basis and violated the General Appropriations Act of 1999. The
    BFAR moved for reconsideration and prayed for the lifting of the disallowance, arguing that the
    grant would enhance the welfare and productivity of the employees. COA-LAO denied the
    motion. The petitioner appealed to the COA-LAO but denied the decision, and likewise denied
    the motion for reconsideration.

    Issue: Whether or not the approval of the DA Undersecretary can authorize the release of the
    FBA. Whether or not the disallowance is unconstitutional as it contravened the fundamental
    principle of the State enshrined under Sections 9 and 10, Article II of the 1987 Constitution.

    Ruling: The petition is DENIED. The Decision and Resolution of the Commission on Audit –
    Legal and Adjudication Office dated April 8, 2005 and August 5, 2005, respectively, in LAO-N-
    2005-119, are AFFIRMED.

    Reason: Section 4.5 of Budget Circular No. 16, all agencies are prohibited from granting “[…]
    any other form of incentives/allowances except those authorized via Administrative Order by the
    Office of the President.” In this case, no Administrative Order has been issued, therefore the
    claim has no merit. Further, State principles and policies enumerated in Article II of the 1987
    Constitution are the disregard of which can give rise to a cause of action in the courts. They do
    not embody judicially enforceable constitutional rights but guidelines for legislation.
     Sec 12 of Salary Standardization law

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