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COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City
- versus -
- versus -
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Petition for Review
Page 1 of 14
PETITION FOR REVIEW
The petitioners have a period of six (6) months to appeal the said
disallowance before it becomes final and executory. Hence, the submission
of this petition is within the period provided for by said rule.
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Petition for Review
Page 2 of 14
PARTIES
Petitioners are and were employees of Don Mariano Marcos
Memorial State University (DMMMSU).
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Petition for Review
Page 3 of 14
who issued the herein assailed decision. His principal office address is
situated at Government Center, Sevilla, San Fernando City, La Union.
STATEMENT OF FACTS
Petitioners are adopting the same statement of facts as narrated in
their appeal filed with the Respondent, to wit:
Last June 24, 2019, petitioners received the decision of their appeal.
Respondent denied their appeal, hence, this Petition for Review.
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Petition for Review
Page 6 of 14
ISSUE
WHETHER OR NOT RESPONDENT IS CORRECT IN AFFIRMING THE
NOTICES OF DISALLOWANCE AGAINST PETITIONERS.
The DMMMSU
Policies as
encapsulated in the
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Petition for Review
Page 7 of 14
DMMMSU Faculty
Manual.
- xxx -”
xxx -”
The leave not exceeding one school year after seven years
of continuous service subject to the approval of the
director of the government board concerned. During the
period of such leave the teacher shall be entitled to at
least 60% of his monthly salary. However, no teacher
shall be allowed to go more than one year of study leave
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Petition for Review
Page 8 of 14
unless he needs additional semester to finish his thesis for
graduate study in education or other allied courses,
provided, he shall not be allowed to receive any
compensation.”
5
Agpalo, Statutory Construction, second edition (1990), p. 197.
6
Id. at 197-198.
7
Lopez, Jr. vs. CSC, G.R. No. 87119, April 16, 1991.
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Petition for Review
Page 9 of 14
THE POLICY, on the other hand, is more specific because that grant
of the same is for a particular purpose that is for the development of the
University’s faculty members and staff. In this endeavour, DMMMSU
benefits from the pursuit of the faculty member or staff of, a more often,
higher or advance studies. It is advantageous to DMMMSU because the
faculty members or staffs concerned become more competent and capable
to perform their assigned task, thus, contributing immensely to the
attainment of the University’s mission and vision. The faculty member or
staff when it goes on study leaves under this provision of the Faculty
Manual, it does so in furtherance of a scholarship contract with DMMMSU
or any other government funding agency. It has a return of service
agreement because DMMMSU or the concerned government funding
agency will subsidize the pursuit for higher or advanced learning. This is
not so for study leave not within the coverage of the Faculty and Staff
Development Program of the University.
With these noted comparison between THE POLICY and the OTHER
POLICY, it cannot be therefore denied that THE POLICY is a special
provision which will prevail over the general one. Applying the rule on the
matter, THE POLICY must prevail since it demonstrates the policy
maker’s intent more clearly than that of the general application of the
OTHER POLICY.
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Petition for Review
Page 10 of 14
To further petitioners’ cause and justify their actions, a clear and
succinct reasoning were discussed in their appeal memorandum. These
were not given any scant consideration by respondent as he failed to
discuss it in the questioned decision. By way of incorporation and reference
the discussions in the appeal memorandum of petitioners are hereby made
part of this petition to form part of their arguments. Copy of the appeal
memorandum is hereto attached as Annex “C” to form part of this petition.
PRAYER
WHEREFORE, with the above articulated arguments, it is
respectfully prayed of this Honorable Office to SET ASIDE the ROI I
Decision No. 2019-100 dated June 14, 2019 and absolve petitioners from any
liability arising from the questioned disallowances.
Other just and equitable reliefs under the premises are likewise
prayed for.
PAULITO C. NISPEROS
Apellant
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Petition for Review
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HONORIO C. BUCCAT ADRIANNO T. ESGUERRA
Apellant Apellant
CYNTHIA C. SAMPAGA
Apellant
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Petition for Review
Page 12 of 14
VERIFICATION AND CERTIFICATION
We, ATTY. BENJAMIN P. SAPITULA, HONORIO C. BUCCAT,
ADRIANNO T. ESGUERRA, GIL F. DELA VEGA, JUNIFER REY E.
TABAFUNDA, ELSIE M. PACHO, AURORA E. CASUGA, CYNTHIA C.
SAMPAGA, all of legal age, Filipinos, and with principal office address at
DMMMSU, Brgy. Sapilang, Bacnotan, La Union, and we, PAULITO C.
NISPEROS, RAJEINDER JAIN D. LUMILAN, LEONILA A. CARREON,
CRISTINA B. BALITON, CRISTY M. BANGUG, DARWIN T.
GALLETA, FELY ROSE B. MANAOIS, EUNICE A. PALOMO, ALLIVER
B. SAPITULA, NOEMI M. BOADO, REMALYN Q. CASEM, and MARY
ANN C. CORPUZ, all of legal age, Filipinos, and with principal office
address at DMMMSU Mid-La Union Campus, Brgy. Catbangen, San
Fernando City, La Union, after having been duly sworn to in accordance
with law, do hereby depose and state that:
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Petition for Review
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NOEMI M. BOADO REMALYN Q. CASEM
Affiant Affiant
PAULITO C. NISPEROS
Affiant
CYNTHIA C. SAMPAGA
Affiant
Copy furnished
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Petition for Review
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