The Commission on Audit has called the attention of Solicitor General Jose Calida for receiving P7.46 million in excess allowances in 2017.
“We recommended that management refund the excess amount received and deposit the same to the Office of the Solicitor General Trust Fund,” the CoA said.
Calida was able to get a total of P8.37 million in allowances last year, state auditors said.
Out of the P8.37 million, P7.462 million was considered as excessive, or more than 50 percent of his annual salary.
Calida is receiving an annual salary of P1.827 million, and that his allowances should not exceed P913,950.
According to the CoA, Republic Act or the Office of the Solicitor General law allows the release of allowances.
Invoking CoA Circular No. 85-25-E, state auditors flagged Calida for the excessive amount.
“The receipt of honoraria is not without limitations. CoA Circular 85-25-E dated April 25, 1985 was issued to clarify the payment of service and/or incentive fees, remuneration, honoraria and all other extra compensation paid to government officials and employees which shall not exceed 50 percent of annual salary,” its report read.
In 2016, Calida was also flagged for receiving P1.123 million in excessive allowances, while his predecessor, Florin Hilbay, got P4.662 million.
At least 14 other OSG officials— Henry Angeles, Herman Cimafranca, James Cundangan, Renan Ramos, Rex Pascual, Bernard Hernandez, Ma. Antonia Edita Dizon, Raymund Rigodon, Danilo Leyva, Lilian Abenojar, John Dale Ballinan, Perfecto Adelfo Chua Cheng, Leney Delfin-Layug and Gift Mohametano—received excessive allowances.
“The honoraria/allowances paid to some OSG officers for legal services and advice rendered to client agencies had exceeded the fifth percent of the annual basic salary by P10,774,283.92 —contrary to Item 4 of CoA Circular No. 85-25-E dated April 25, 1985,” CoA said.
Some of the client agencies that gave allowances to OSG lawyers were the Development Bank of the Philippines with P1.602 million, Occidental Mindoro State College with P148,500, Central Bank Board of Liquidators with P123,675 and Department of National Defense with P480,000.
CoA also flagged the “excessive” local and foreign travel expenses of the Office of the Solicitor General itself.
The CoA said Calida’s office must refund the “excess claims on traveling allowance” of P131,892.64.
CoA cited allowable travel expenses prescribed in Executive Order No. 28 “were not strictly followed resulting in excessive claims for local and foreign travel allowances totaling P53,796 and P78,096.64, respectively.”
According to CoA, 31 advances and liquidations on travels “were not properly documented in violation of EO 298.”
“We noted that claims for local and foreign travels totaling to P53,796 and P78,096.64, respectively, were more than the allowable travel expenses,” its report read.
Calida, meanwhile, said he was being “attacked” for winning his quo warranto petition which led to the ouster of former Chief Justice Maria Lourdes Sereno.
In a television interview, Calida also rejected the graft and corruption filed against him and the recent attacks against his family’s security agency that won P150-million contracts from several government agencies.
“They are fabricating charges against me, they want to destroy my family That’s big, fat lie. This woman admits she has no evidence. What she’s saying is actually a concoction – a vicious, malicious concoction,” Calida said.
“They want to destroy my family and I will not forgive them for that. There will be a day of reckoning,” he added.
Calida said that he plans to take legal actions against this person who allegedly “maligning me, slandering me, libeling me”.
In early May, a certain Jocelyn Marie Acosta-Nisperos, a Sereno supporter, filed a graft complaint against Calida before the Ombudsman for conflict of interest.
Nisperos cited a document from the Securities and Exchange Commission (SEC) that showed Calida still owned 60 percent of Vigilant Investigative and Security Agency Inc. (VISAI), owned by his wife Milagros.
VISAI has won multimillion-peso contracts from different government agencies, namely, National Parks Development Authority Committee (NPDC), the National Anti-Poverty Commission (NAPC), the National Economic and Development Authority(NEDA); Department of Justice (DOJ); and Philippine Amusement and Gaming Corp (PAGCOR).
These contracts were accomplished from period of 2016 to 2018 while Calida was solicitor general.
Calida insisted that he did not violate Republic Act No. 6713 (Code of the Conduct and Ethical Standards for Public Officials) with the contracts of his said company.
He also explained that he has complied with the law reiterating that he resigned from his post and giving up his post as president and giving up his 60-percent share in VASAI before assuming his post as Solicitor General
“Under the law, I have choice to either resign from my post or divest my shares,” he explained, citing Section 9 of R.A. 6713.
Section 9 of R.A. 6713, he cited, only prohibits a government official from owning or having shares in a private company with any transaction that requires the approval of his government office or a company that is regulated or licensed by the same office.
The complaint also alleged that Calida is guilty of malversation for having an illicit relationship with an intern at the Office of the Solicitor General and diverting public funds to her.
Calida also denied the accusation, saying that his accuser did not attach any proof to support her claim.
He described the allegations are “vicious, malicious concoction.”
The Solicitor General also firmly said that he would not resign, despite the call of his critics, saying that he still has President Rodrigo Duterte full support.
Calida added that he also does not see the need to discuss the matter with the president.
“No. Why should I (resign)? I’ve been a lawyer since 1974. I can handle all the attacks. The question is, can they handle my counter-attack?” he said.
“My conscience is clear and there’s no reason why I should bother the President with this problem,” he explained.
He reasoned out that calls for his resignation are coming from groups who are not pleased by his series of victories in cases before the Supreme Court, particularly the quo warranto petition against Sereno.
Apart from the quo warranto case, Calida has won big cases for the Duterte administration, particularly the burial of the late dictator Ferdinand Marcos at the Libingan ng mga Bayani; drug cases against Senator Leila de Lima; and the martial law declaration in Mindanao.
“They’re angry with me because I won the quo warranto case. Had I lost the case, they would not have attacked me like this,” he said.
Calida also said he sees no reason to heed the call of opposition senators Francis Pangilinan, Leila de Lima and Risa Hontiveros for his resignation.
“I was wondering why the good senator Kiko Pangilinan is asking for my resignation. Did I commit graft? No, I did not. I understand where he’s coming from; he’s the president of the Liberal Party,” he said.
Meanwhile, Acosta-Nisperos sent another letter before the Ombudsman to investigate further Calida’s security agency company.
In a letter addressed to Ombudsman chief Conchita Carpio-Morales on Friday, Acosta-Nisperos asked for a thorough probe on VIASA after the revelation of Magdalo Rep. Gary Alejano and Akbayan Rep. Tom Villarin that the House of Representatives is also a client of the said company.
She is also requesting for an investigation on Calida as a private citizen.
In her letter to the Ombudsman, she also claimed that Calida “unconstitutionally instituted quo warranto proceedings” against Sereno.
Before going to the Ombudsman, Nisperos also went to the Civil Service Commission to ask for the Statements of Assets, Liabilities and Net Worth of Calida from the time he assumed his post up to the present.
Nisperos was accompanied by a lawyer, Pinky Bernardo, who echoed the need for the full disclosure of Calida’s SALN
“Baka po hindi alam ng Presidente, kaya tayo tumitingin sa records, ang records ang magsasalita kung talgang merong liability,” Bernardo said.
The two however were told to go instead to the Office of the President where cabinet officials like Calida, submit their SALNs.
In Malacañang, Nisperos was asked to fill out a Freedom of Information Request form for the SALNs of Calida.
Aside from Calida’s SALNs as solicitor general, Nisperos also requested for his SALNs as Department of Justice Underscretary from 2001 to 2003 and as Dangerous Drugs Board Executive Director in 2004.
Nisperos said she wanted to trace Calida’s earlier SALNs to check if he has also declared VISAI as a business interest in the past.