THE Commission on Audit has ordered the Philippine Amusement and Gaming Corp. (Pagcor) to pay the claim of unpaid benefits filed by an illegally dismissed employee who was reinstated to his post by the Civil Service Commission (CSC).
Claimant Samuel Versoza, head of the Health Services Section for Pagcor-Hyatt Manila, was sacked by the Pagcor’s Board of Directors in 2010 for alleged administrative infractions.
However, in a March 22, 2011 ruling, the CSC held that Versoza was illegally dismissed and must be reinstated to his old post and paid back salaries and other benefits. This was upheld by the Court of Appeals on November 29, 2012.
After reporting for work, he received two checks for basic salary and performance incentive bonuses totaling P670,866.51.
However, Versoza requested Pagcor for a re-computation of compensation due him, saying he was also entitled to Provident Special Assistance, Provident Dividends, profit share for advances from Provident Fund, medical allowances, mid-year bonuses, and quarterly profit sharing.
Sought for clarification, the CSC declined to render an opinion on the ground that attendant issues might be submitted to it for consideration although it notified the parties that back wages are inclusive of allowances and other benefits or their monetary equivalent.
Versoza then filed a petition for money claim before the COA, which was opposed by Pagcor, saying the claimant’s back wages were already paid in full.
In its five-page decision, the COA Commission Proper held that Pagcor’s objections are untenable.
“An illegally dismissed employee who is later ordered reinstated is considered as not having left his office and shall be entitled to payment of back wages and other benefits that should accrue to him,” the commission said, citing CSC Memorandum Circular No. 6, s. 2011.
By the same ruling, the COA granted Versoza’s claim for mid-year bonus (P116,305.83); 13th month pay (P131,305.83); clothing allowance (P60,000); quarterly profit sharing (P276,000); medical allowances (P15,000); and monetization of sick/vacation leaves (P63,074.46).
Likewise, he stands to receive Provident Fund dividends and advances from Provident Fund but these would have to be validated by the audit team.
The supervising auditor and the audit team leader for Pagcor were directed to oversee the enforcement of the decision.
