THE Supreme Court (SC) has upheld a Commission on Audit (COA) decision disallowing a position created and funded by the Philippine Health Insurance Corporation (PHIC) board, but absolved the concerned officials of liability in returning salaries paid for that new position amounting to over P1.4 million.

In the 19-page SC en banc decision penned by Associate Justice Antonio T. Kho, Jr., the PHIC petitioners were found to have “failed to comply with the requirements of creating a new position” when lawyer Valentin C. Guanio was appointed as “corporate secretary” in 2009.

It upheld COA’s ruling that the PHIC had erred in assuming that it had the autonomy and authority to create the position by virtue of the approval by its board of directors and the PhilHealth president.

“Moreover, the Court has previously held that the PHIC’s fiscal autonomy under RA 7875 is limited in nature,” the SC ruled.

“PHIC cannot find solace in the alleged approval or confirmation by then President Gloria Macapagal-Arroyo of the approval of the creation of the position of corporate secretary and the salaries and allowance for the said position,” it added.

While the SC found that COA “did not commit grave abuse of discretion in disallowing the grant of salaries, allowances, and benefits to Mr. Guanio,” it ruled that he did not have to return the amounts he received for assuming and performing the job of corporate secretary from Sept. 1, 2009 to Dec. 31, 2010 amounting to P1,445,793.69.

Also absolved from returning the amount were PhilHealth officials Lynie S. Arcenas, Willie M. Bumacod, Lilia R. Garrido, and Bibiana T. Cruz whose roles that led to the approval and certification of the amounts as payment for Mr. Guanio’s services were found by the SC to have been done in “good faith.”

To compel the return of the amount, the SC said that under the Madera Rules on Return there must be the process of “first proving bad faith, malice, or gross negligence before holding a public officer civilly liable.”

“The COA Proper has already absolved Atty. Guanio from returning the disallowed amounts that he received as a passive recipient on the basis of good faith,” it pointed out.

“Considering that PHIC no longer raised the matter of Atty. Guanio’s liability in its Petition, the COA Proper’s ruling on this matter is now considered final and immutable,” it added.

Meanwhile, the High Court stated that while the other approving and certifying officers of the PHIC are excused from returning the disallowed amount, this is without prejudice “to the finding of any administrative and/or criminal liability that any of them may have incurred under existing laws and jurisprudence.”

The SC noted that gross negligence for not complying with the requirements under the Salary Standardization Law is a ground for compelling members of the board of directors, along with other officers, to return the disallowed amount. – Chloe Mari A. Hufana

THE COMMISSION on Human Rights (CHR) expressed alarm on Wednesday over the disappearance of two environmental rights defenders in San Carlos City, Pangasinan since last weekend, noting that they were previous subjects of red-tagging by state authorities.

In a statement, the CHR said it is investigating the apparent abduction of Francisco Dangla III, 39, and Axielle Tiong, 29, both founders of the Pangasinan People’s Strike for the Environment group which opposes mining and energy projects.

At the same time, it called on concerned government agencies to more strictly implement Republic Act No. 10535, the Anti-Enforced or Involuntary Disappearance Act, “to address these cases and ensure that solutions on the level of policy-making can be utilized.”

Citing reports gathered by independent human rights groups, the CHR said unidentified individuals confronted Mr. Dangla and Mr. Tiong in Barangay Polo, San Carlos City, in the evening of March 24 and then beat them up before forcing them into a vehicle.

“Alongside the need to search for the whereabouts of missing human rights defenders is the identification of the perpetrators to hold them accountable under the eyes of the law,” the CHR said.

Human rights groups had told the CHR that the two activists had been subject to intimidation and other forms of harassment prior to their disappearance.

The commission said the government should approve the International Convention for the Protection of All Persons from Enforced Disappearance by the United Nations General Assembly.

“We all hold the responsibility to foster a country that is conducive to the promotion and protection of the rights of all, and a large proportion of this lies on the need to put an end to the culture of impunity and to reinforce the wheels of justice,” the CHR said.

Independent groups said this latest incident brings to 23 the number of enforced disappearances among activists in the administration of President Ferdinand “Bongbong” R. Marcos, Jr. – Chloe Mari A. Hufana

THE patience of complainant-riders of a logistics company is wearing thin, with a number of them resorting to protests to pressure the National Conciliation and Mediation Board (NCMB) to settle their illegal termination claims.

Earlier this week, members of the Ninja Van Riders’ Union-Federation of Free Workers picketed the Department of Labor and Employment (DOLE) office in Intramuros, Manila to protest the slow pace at which negotiations with the logistics firm serving Lazada and Zalora are moving.

“This is the worst case of union-busting and a shameless attempt to circumvent labor laws to undermine the union, and disrespect workers,” said Dick P. Pacioles, president of the Ninja Van Riders’ Union–FFW.

In a Viber message to BusinessWorld, Ninja Van Philippines communications head Ralph Angelo V. Ty said the company is doing its part cooperate with the NCMB.

“We are still working closely with the NCMB regarding this. We uphold and trust the mediation process to take its course, as we remain committed to a resolution for all parties concerned,” he said.

But the riders’ lawyer Jose Sonny G. Matula told BusinessWorld via Viber that the company is failing to offer them concrete actions in between the conciliation and mediation sessions with the NCMB.

As a result, more than 100 riders launched the mass action last Monday.

Mr. Matula said on Tuesday that they had a 15-day “cooling period” from the date of the filing of the unfair labor practices case against the company.

“This period is meant to serve as a final opportunity for both parties to negotiate and reach an agreement without resorting to a strike,” he explained, noting that time had lapsed last March 1.

The notice of strike was filed on Feb. 14, 2024, but Mr. Matula said there was an appeal for more time on the part of the firm at least until the next meeting on April 2. – Chloe Mari A. Hufana