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DLNR chief faces illegal OT suit
Attorney General Edward Manibusan continues to seek out those who allegedly received illegal Super Typhoon Yutu-related overtime compensation, this time with a lawsuit against Department of Land and Natural Resources Secretary Anthony T. Benavente.
According to the lawsuit filed with the Superior Court through OAG Chief Solicitor Robert Glass Jr., Manibusan alleges that Benavente received over $30,000 in typhoon premium pay that he should not have been entitled to.
As relief, Manibusan is asking the court to issue a judgment of $36,198.43 for recovery of the allegedly unlawful typhoon premium payments, overtime payments, or extra payments not authorized by law, without valid appropriation, and in excess of the salary ceiling.
Aside from returning the money, the AG also asks the court to issue a declaratory judgment declaring that the personnel regulations authorizing payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees; that the director of Personnel and governor lack the authority to authorize additional compensation except as provided by law; and that compensation in excess of the salary ceiling cannot be authorized except as provided by law.
According to the lawsuit, Benavente accrued over $36,000 in total OT compensation, causing an excess in his statutory salary of $54,000, which is against the law.
The lawsuit said that Benavente received typhoon premium pay in the total gross amount of $6,198.43 back in 2018 for Yutu-related work done that year, while at least $30,000 has been paid since May 17, 2022. He allegedly continues to be overpaid to the present.
Aside from Benavente, other former Torres administration Cabinet members are facing similar lawsuits, including former Department of Community and Cultural Affairs secretary Robert Hunter, former Department of Fire and Emergency Medical Services commissioner Claudio Norita, former Department of Finance secretary Larissa Larson, Department of Public Works secretary James Ada, and more to come.
