MANILA – The P8.376-million allowance that Solicitor General Jose Calida received last year, which the Commission on Audit (COA) described as “excessive,” was legitimate, his office insisted.
Republic Act 9417 allows lawyers of the Office of the Solicitor General (OSG) to receive allowances and honoraria without a cap, OSG spokesman Henry Calilung said in a statement.
“COA relied on a circular, No. 85-25-E, limiting an OSG lawyers to receiving honoraria and allowances to 50 percent of his or her salary,” Calilung said.
“Definitely, it cannot prevail over the provisions of law. It is a settled rule that an administrative circular cannot amend or repeal a provision of law,” he added.
Based on the COA report, Calida received a total of P8.376 million in allowances last year either through the OSG’s Financial Management Service (FMS) or received the funds directly.
Calida was supposed to receive only P913,950 in allowances based on COA Circular 85-25-E, which states that government officials can only receive allowances that should not exceed 50 percent of their annual basic salary. Calida is earning P1.827 million annually.
Aside from Calida, the honoraria/allowances paid to some OSG officers for legal services and advice rendered to client agencies had exceeded 50 percent of the annual basic salary by P10,774,283.92.
COA recommended the OSG lawyers to “refund the excess amount received and deposit the same to the OSG’s Trust Fund” but the latter argued the legality of the additional compensation.
The commission flagged Calida over the same issue in 2016, when he reportedly received P1.123 million while his predecessor, Florin Hilbay, received P4.662 million./PN
