PARREO V.

COA
FACTS:
The Petitioner served in the AFP for 32 years and he retired with the rank of 2nd
Lieutenant. Petitioner availed and received payment, of a lump sum pension.
Thereafter, Petitioner started receiving his monthly pension.
Petitioner migrated to Hawaii and became a naturalized American Citizen. Then, the
AFP stopped the Petitioners monthly pension in accordance with the Presidential
Decree providing the retiree who loses his Filipino Citizenship shall be removed from
the retired list and his retirement benefits terminated upon the loss of Filipino
Citizenship.
Petitioner filed a moneyed claim before COA for the continuance of his monthly
pension. Petitioner alleged that since his monthly pension involves government
funds, the reason for the termination of the pension is subject to COAs authority
and jurisdiction. However, COA dismissed the petition for lack of jurisdiction.
ISSUE:
Whether the COA has jurisdiction over moneyed claim to rule on the
constitutionality of the PD.
RULING:
The jurisdiction of the COA over money claim against the government does not
include the power to rule on the constitutionality or validity of laws. The 1987
Constitution vest the power of judicial review or the power to declare
unconstitutional a law, treaty, international or executive agreement, presidential
decree or order, instruction, ordinance, or regulation in the Court and in all RTC.
Petitioners money claim essentially involved the constitutionality of Presidential
Decree. Therefore, COA effectively denied the petitioners claim because of loss of
his Filipino Citizenship.