5/19/2021
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EN BANC
[ G.R. No. 240778, June 30, 2020 ]
ROLANDO S. GREGORIO, PETITIONER, V. COMMISSION ON AUDIT
AND DEPARTMENT OF FOREIGN AFFAIRS, RESPONDENTS.
DECISION
CARANDANG, J.:
Challenged in this Petition for Certiorari[1] under Rule 64 in relation to Rule 65 of the
Rules of Court is the Decision[2] dated February 28, 2017 and Resolution[3] dated
March 8, 2018 of the Commission on Audit (COA) En Banc in COA CP Case No. 2015436 & 437.[4] The COA denied the Petition for Money Claims filed by petitioner Rolando
S. Gregorio for payment of salary and additional compensation; and Overseas
Allowance and Living Quarters Allowance for the period from January 1, 2005 to June
17, 2005, in the amount of P119,487.50 and P1,921,659.70, respectively, or a total
amount of P2,041,147.20.[5]
Rolando S. Gregorio (petitioner), Chief of Mission Class II of the Department of Foreign
Affairs (DFA), was the former Consul General of the Philippine Consulate General (PCG)
of Honolulu, Hawaii until his retirement on April 17, 2004, at the age of 65. Upon his
request, his government service was extended four times beyond his compulsory age of
retirement, to wit: (1) from April 18 to June 30, 2004; (2) from July 1 to September
30, 2004; (3) from October 1 to 31, 2004; and (4) from November 1 to December 31,
2004.[6]
The request for extension of services of petitioner for the period of November 1, 2004
to December 31, 2004 was approved on October 29, 2004. Pursuant to the said
approval, DFA Secretary Alberto G. Romulo (DFA Secretary Romulo) issued Assignment
Order No. 42-04 stating that:[7]
The tour of duty of Consul General ROLANDO S. GREGORIO, at the
Philippine Consulate General, Honolulu, is hereby finally extended from 01
October 2004 to 31 December
(Underscoring supplied)
2004
with
no
further
extension.[8]
Starting January 2005 and onwards, documents, such as payrolls, of the PCG were
signed by Consul Eva G. Betita (Consul Betita). Nonetheless, petitioner claimed that
after the expiration of his service on December 31, 2004, he continued to serve as
Consul General starting January 1, 2005 onwards.
In a Letter[9] dated March 22, 2005, the DFA officially designated Consul Betita as
Acting Head of Post of Honolulu pursuant to the directive of then Undersecretary for
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