After 3-year wait, public school teacher gets salary, bonuses for final year of service

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After 3-year wait, public school teacher gets salary, bonuses for final year of service
The Commission on Audit orders the Department of Education to pay retired public school teacher Nelita Gador her full 2016 salary amounting to P288,511, plus cash benefits she was supposed to get that year

MANILA, Philippines – A retired public school teacher from Davao del Sur will finally get paid for her last year of service, ending her 3-year wait caused by a clerical error in her birth certificate.

In a decision dated October 30, the Commission on Audit (COA) ordered the Department of Education (DepEd) to pay 68-year-old Nelita Gador her salary from January to December 2016 amounting to P288,511.35, plus bonuses, allowances, and other incentives that she did not receive in her last year as a teacher.

Gador had earlier filed a petition for money claim with COA, which the agency granted.

The former teacher’s problem was caused by a clerical error in her birth certificate which stated that her birth date is January 3, 1951, when the correct date should be December 31, 1951.

In January 2016, Gador was notified that she had reached the compulsory retirement age of 65 based on her personnel records with DepEd Region 11, Division of Davao del Sur.  DepEd then advised her to process her clearance and other requirements in relation to her retirement.

COA said that Gador was considered retired from government service starting January 13, 2016, and since no notice of request for extension of service or for correction of personal information with the Civil Service Commission (CSC) was filed, she was excluded from her school’s 2016 budget.

Gador then informed the schools division chief she had already filed a petition for correction of clerical error with the Local Civil Registry Office in Digos City and continued to report for work.

The CSC approved Gador’s request for the correction of her birth date in her records as a government employee on May 31, 2017.

With the completion of all her documentary requirements, she filed a petition for compensation backed by a certification from the Alberto Olarte Sr National High School confirming that she was not paid salaries and benefits for 2016. The schools division chief, the DepEd-Davao del Sur audit team leader, and the COA Region 11 regional director endorsed her claim. 

COA chairman Michael Aguinaldo and Commissioners Jose Fabia and Roland Pondoc said that Gador is entitled to compensation for her work even if she was considered retired from government service in her last year of teaching.

“Her act of continued discharge of duties from January 1 to December 31, 2016 was acquiesced by the DepEd. Accordingly, Ms Gador is entitled to the corresponding salary and benefits due her under the principle of quantum meruit,” the COA said. –

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