Back

Development Bank Of The Philippines vs Commission On Audit

DEVELOPMENT BANK OF THE PHILIPPINES, petitioner, vs. COMMISSION ON AUDIT, respondent.

G.R. No. 144516 | 2004-02-11

D E C I S I O N

CARPIO, J.:

The Case

In this special civil action for certiorari,[1] the Development Bank of the Philippines ("DBP") seeks to set aside COA Decision No. 98-403[2] dated 6 October 1998 ("COA Decision") and COA Resolution No. 2000-212[3] dated 1 August 2000 issued by the Commission on Audit ("COA"). The COA affirmed Audit Observation Memorandum ("AOM") No. 93-2,[4] which disallowed in audit the dividends distributed under the Special Loan Program ("SLP") to the members of the DBP Gratuity Plan.

Antecedent Facts

The DBP is a government financial institution with an original charter, Executive Order No. 81,[5] as amended...