G.R. No. 253686, June 29, 2021
IRENE S. ROSARIO, PETITIONER, VS. COMMISSION ON AUDIT, RESPONDENT.

FACTS

This case involves a disallowance issued by the Commission on Audit (COA) concerning the procurement of modular workstations by the Employees’ Compensation Commission (ECC) through direct contracting. The petitioner, Irene S. Rosario, was held liable as a member of the Bids and Awards Committee (BAC) that recommended the procurement method. The key procedural timeline is as follows: the Notice of Disallowance (ND) was issued on October 31, 2006; the COA Legal and Adjudication Office (LAO-Corporate) exonerated the BAC members, except one, on August 5, 2008; the COA Commission Proper (COA Proper) reinstated the petitioner’s liability via a Decision dated November 11, 2014, which she received on January 7, 2015; and the COA Proper denied her motion for reconsideration on January 28, 2020. The petitioner resigned from service after her exoneration in 2008 due to personal circumstances and, consequently, lost access to relevant BAC documents. The concurring opinion emphasizes that the COA Proper took six years to reinstate her liability and another five years to resolve her motion for reconsideration.

ISSUE

Whether the inordinate delay in the resolution of the case by the COA Proper violated the petitioner’s constitutional right to the speedy disposition of cases, considering the prejudice caused to her ability to mount a defense.

RULING

Yes, the delay violated the petitioner’s right to speedy disposition of cases. Applying the balancing test, the delay was inordinate and unreasonable, extending years beyond the prescribed periods for resolving cases and appeals. The burden to justify the delay shifted to the State, which it failed to discharge adequately. The delay caused actual and real prejudice to the petitioner. Specifically, her resignation and separation from service meant she no longer had access to the BAC documents necessary for her defense. Furthermore, under the National Archives of the Philippines’ General Records Disposition Schedule, the authorized retention period for BAC files is only five years after contract termination. By the time the COA Proper reinstated her liability, nearly ten years had passed since the delivery of the workstations, rendering the retrieval of such documents highly improbable, if not impossible. This prejudice impaired her ability to prepare a complete and intelligent defense. The petitioner also timely asserted her right by filing a motion for reconsideration sixteen days after receiving the adverse decision. Therefore, the concurring opinion agrees with the ponencia that the petition should be GRANTED.