COA rejects P10M House salary claim of Camille Villar’s father-in-law

MANILA, Philippines – Winning an election after the fact does not automatically entitle someone to the salary of an office they never actually held.

The Commission on Audit (COA) ruled that Senator Camille Villar’s father-in law, Efraim Genuino, cannot claim over P10.3 million in congressional salary and benefits, saying he never served as Laguna’s 2nd District representative even though he was belatedly declared the rightful 2019 election winner.

In a decision, the COA upheld the position of the House of Representatives that the salary was already paid to Ruth Hernandez, who served as the district’s representative in the Lower House from 2019 to 2022 before Genuino was declared the winner.

Genuino, a former Philippine Amusement and Gaming Corporation (Pagcor) chairman, filed the claim in 2023, seeking P10.35 million in salary and benefits from June 30, 2019 to June 30, 2022, arguing he was the one who should have occupied the seat.

Hernandez was proclaimed the winner of the May 2019 election, but Genuino had challenged her eligibility over the one-year residency requirement even before election day.

The Commission on Elections (Comelec) initially denied Genuino’s petition but, in December 2019, granted his motion for reconsideration, finding that Hernandez failed to meet the residency requirement. 

The Comelec, however, said it no longer had jurisdiction because Hernandez had already assumed office, prompting Genuino to elevate and file a quo warranto case before the House of Representatives Electoral Tribunal (HRET). The tribunal subsequently ruled in his favor in June 2022. 

The decision became final in late 2022, only after Hernandez had already completed the three-year term and a new election had been held.

Despite the ruling, the House noted that Genuino did not serve as a member of Congress during that period because he never took his oath of office or assumed the position.

State auditors took the same position and pointed out that compensation was already paid to Hernandez who actually performed the duties of the office.

“He may have been finally declared as the valid winning candidate, but he never had the fact of serving the position in order to pursue his claim for the salary of a member of the HoR from June 30, 2019 to June 30, 2022,” the COA stated. – Rappler.com