GR 103982; (December, 1992) (Digest)
G.R. No. 103982 December 11, 1992
ANTONIO A. MECANO, petitioner, vs. COMMISSION ON AUDIT, respondent.
FACTS
Petitioner Antonio A. Mecano, a Director II of the National Bureau of Investigation (NBI), was hospitalized for cholecystitis from March 26 to April 7, 1990. He incurred medical and hospitalization expenses totaling P40,831.00 and sought reimbursement under Section 699 of the Revised Administrative Code (RAC). His claim, favorably recommended by the NBI and the Department of Justice’s Committee on Physical Examination, was forwarded to the Commission on Audit (COA). The COA, in its 7th Indorsement dated January 16, 1992, denied the claim, asserting that Section 699 of the RAC had been repealed by the Administrative Code of 1987, as the section was not restated therein. The COA suggested filing the claim with the Employees’ Compensation Commission instead. The Undersecretary of Justice advised petitioner to elevate the matter to the Supreme Court.
ISSUE
Whether the Administrative Code of 1987 repealed or abrogated Section 699 of the Revised Administrative Code, thereby barring petitioner’s claim for reimbursement of medical expenses.
RULING
No. The Administrative Code of 1987 did not repeal Section 699 of the Revised Administrative Code. The repeal was not express, as the repealing clause (Section 27, Book VII) is a general provision that repeals only laws inconsistent with the new Code, not a specific clause identifying the RAC for repeal. There was also no implied repeal. First, there is no irreconcilable inconsistency, as the new Code does not contain a provision on sickness benefits like Section 699, so no conflict exists. Second, the new Code is not a revision that covers the whole subject matter of the old Code, as it omits several matters found in the RAC, including Section 699. The intent to repeal must be clear and manifest, which is absent here. Furthermore, Article 173 of the Labor Code, as amended, expressly provides that compensation under the Employees’ Compensation Program does not bar recovery of benefits under Section 699 of the RAC. The petition was GRANTED, and the COA was ordered to give due course to petitioner’s claim.