Bitonio vs CA Case Digest

Here are some digested cases from the Jurisprudence regarding issues related to the Executive Department. I know, I digested it differently but this is how I remember things easily. You still have to read the whole Jurisprudence. You will never understand the things I wrote below, maybe some but perhaps most of the things I jot down are only the important ones and I might even forgot some important key factors, unless you have read the original text. Do not rely too much ion this. These digested cases will just help you remember things out during oral recitations. God bless future lawyers!

Bitonio vs Commission on Audit

GR No. 14732

March 12, 2004

Instant petition filed under Rule 64 of the Revised Rules of Court seeks the annulment of the decision of COA denying the petitioner’s motion for reconsideration of the COA Notices of Disallowance.

Benedicto Ernesto R. Bitonio, Jr was appointed Director IV of the Bureau of Labor Relations in the DOLE. Acting Secretary Jose S. Brillantes of DOLE designated Bitonio to be the DOLE representative to the Boiard directors of PEZA. After post audit of PEZA’s disbursement transactions, COA disallowed the per diem of Bitonio.

Arguments of COA:

1.    Cabinet members, their deputies and assistants holding other offices in addition to primary office are not allowed to receive compensation to subsequent office

Argument of Bitonio:

1.    Rank equivalent to a Secretary, Undersecretary or Assistant Secretary and other appointive officials below the rank of Assistant secretary are not covered by the prohibition

2.    Section 11 RA No. 7916 was enacted four years after Civil Liberties Union become final thus Congress is presumed to be aware of the parameters.

3.    RA No. 7916 is presumed to be valid.

4.    RA No. 7916 is more superior than COA Memorandum No. 97-038. (Statute vs Administrative directive)

Ruling of the Court:

1.    Article VII Section 13 of 1987 Constitution’

2.    Dela Cruz v Commission on Audit – if a secretary of Finance attends a monetary board meeting as an ex officio member, he is actually and in legal compensation performing the primary function of his principal office

3.    Whatever prohibitions or restrictions the member is subjected, the representative is likewise, not exempted.

4.    Constitution is more superior than a statute

RA No. 7916 was later amended by RA No. 8748 to cure the defect