This case has been cited 2 times or more.
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2009-09-25 |
DEL CASTILLO, J. |
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| In Abanilla v. Commission on Audit,[33] the Board of Directors of the Metropolitan Cebu Water District (MCWD) issued several resolutions giving benefits and privileges to its personnel which included hospitalization privileges, monetization of leave credits, Christmas bonus, and longevity allowance. MCWD likewise entered into a collective bargaining agreement (CBA) with the employees' union providing for benefits, such as cash advances, 13th month pay, mid-year bonus, Christmas bonus, vacation and leave credits, hospitalization, medicare, uniform privileges and water allowance. | |||||
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2008-10-10 |
LEONARDO-DE CASTRO, J. |
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| While we sustain the disallowance of the above benefits by respondent COA, however, we find that the SFWD affected personnel who received the above mentioned benefits and privileges acted in good faith under the honest belief that Board Resolution Nos. 313 and 39 authorized such payment.In Abanilla v. Commission On Audit[15] citing Querubin v. Regional Cluster Director, Legal and Adjudication Office, COA Regional Office VI, Pavia, Iloilo City,[16] this Court held:Considering, however, that all the parties here acted in good faith, we cannot countenance the refund of subject incentive benefits for the year 1992, which amounts the petitioners have already received. Indeed, no indicia of bad faith can be detected under the attendant facts and circumstances. The officials and chiefs of offices concerned disbursed such incentive benefits in the honest belief that the amounts given were due to the recipients and the latter accept the same with gratitude, confident that they richly deserve such benefits. | |||||