The Supreme Court (SC) has turned down the plea of the Subic Bay Metropolitan Authority (SBMA) appealing disallowances issued by government auditors on its funds.
In a decision, the SC en banc through clerk of court Felipa Anama resolved to dismiss SBMA’s petition for certiorari against the Commission on Audit (CoA) for having been filed out of time.
The court said the challenged decision of the Court of Appeals on the controversy dated March 17, 2015 “denying its petition for review and sustaining the disallowances in the reduced amount of P140,827,485.11 (is) final and unappealable, and beyond the court’s power to review.”
SBMA received a copy of the decision on May 13, 2015 and had 30 days from such receipt within which to move for reconsideration or appeal to the court, or until June 12, 2015.
“Considering that June 12, 2015 is a legal holiday that happened to fall on a Friday, the last day of the reglementary period is June 12, 2015, thus, SBMA timely files its motion for reconsideration,” the SC said.
In its November 15, 2016 ruling but was released only recently, the High Court revealed that SBMA’s motion was denied by the CoA in its December 23, 2015 resolution, therefore, the agency had five days from its receipt of the notice of the denial of its motion on April 1, 2016, or until April 6, 2016, within which to file its petition before the court.
“Accordingly, the petition post on May 2, 2016 was filed out of time,” the court pointed out.
“Quite the contrary, the CoA did not commit any reversible error, much less, grave abuse of discretion in denying SBMA’s prayer for the lifting of the disallowance…for lack of documentary and other credible support. Settled is the rule that bare allegations of fact should not be entertained as they are bereft of any probative value,” the court said.