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commendations and citations.[32] Lastly, petitioner asserts that under the doctrine of
quantum meruit, he is entitled to his money claims.[33]
In the Comment[34] filed by respondents COA and DFA, through the OSG, they
maintain that petitioner did not discharge the function of a Consul General from
January 1, 2005 in a hold-over capacity since respondent DFA designated Consul Betita
as Acting Head of Post of Honolulu effective January 1, 2005; and that petitioner is not
entitled to any salary, allowance and other compensation as Consul General for the said
period considering that the requisite approval of the President for the extension of his
service of his service was neither given nor issued.[35]
The main issue to be resolved is whether petitioner is entitled to the payment of his
money claims.
Ruling of the Court
The petition is partially granted.
Prefatorily, we note that the Constitution vests the broadest latitude in the COA in
discharging its role as the guardian of public funds and properties by granting it
"exclusive authority, subject to the limitations in this Article, to define the scope of its
audit and examination, establish the techniques and methods required therefor, and
promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of government funds and properties.[36]
In recognition of such constitutional empowerment of the COA, the Court has generally
sustained COA's decisions or resolutions in deference to its expertise in the
implementation of the laws it has been entrusted to enforce. Only when the COA has
clearly acted without or in excess of jurisdiction has the Court intervened to correct the
COA's decisions or resolutions. For this purpose, grave abuse of discretion means that
there is on the part of the COA an evasion of a positive duty or a virtual refusal to
perform a duty enjoined by law or to act in contemplation of law, such as when the
assailed decision or resolution rendered is not based on law and the evidence but on
caprice, whim and despotism.[37]
In this case, we find that the COA overlooked certain facts and evidence which can
affect the outcome of petitioner's money claim.
Petitioner claims payment of his salary and other compensation and overseas allowance
and living quarters for the period from January 1, 2005 to June 30, 2005, when his
services as Consul of the PCG of Honolulu was extended beyond his compulsory
retirement.
Petitioner being a Presidential appointee, the pertinent law, E.O. No. 136, s. 1999 or
the law Requiring Presidential Approval of Requests for Extension of Services of
Presidential Appointees Beyond the Compulsory Retirement Age, is applicable. To
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https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66329
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