DAR exec gets back pay for wrongful dismissal

MANILA, Philippines — The Commission on Audit (COA) has directed the payment of back wages of a former provincial officer of the Department of Agrarian Reform (DAR) in Cagayan over his wrongful dismissal 29 years ago.

In a five-page decision issued on Dec. 17, the DAR regional and Cagayan provincial offices were ordered to issue checks to Francisco Baculi totaling P1,168,083.19, representing the salaries, emoluments and other benefits he was supposed to receive from December 1992 to June 2003.

Baculi sought back wages amounting to P2.414 million.

The COA said a review of Baculi’s claims showed that some have been paid. It said cash gifts, productivity incentives and clothing allowance could not be granted as these go against budget department circulars.

Baculi was dismissed from his post on Dec. 4, 1992 over alleged grave misconduct, gross dishonesty, abuse of authority and conduct prejudicial to the best interest of the service for signing contracts “beyond his approving authority.”

Baculi said he did not gain anything from the transactions and merely signed them so as not to hamper the delivery of services of his office.

He elevated the case before the Supreme Court (SC), which reversed the ruling of the Civil Service Commission and the Court of Appeals, which affirmed his dismissal.

The high court said then DAR secretary Ernesto Garilao has no disciplinary jurisdiction over Baculi, who was appointed by former president Corazon Aquino.

The COA said the SC’s decision became  “final and executory” on Jan. 31, 2018, when it maintained that Baculi was wrongfully dismissed, adding that the former DAR official submitted the pertinent records to support his petition.