Retired Davao teacher wins claim over salary for last year of teaching

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by Allan Yves Briones

Retired Davao Occidental high school teacher Nelita Gador will finally be receiving the salary and bonuses from her last year of teaching, as the Commission on Audit (COA) grants her money claim.

In a decision by the COA Commission Proper, the three-man panel held that it is only right for her to be paid for the fruits of her labor.

“Accordingly, Ms. Gador is entitled to the corresponding salary and benefits due her under the principle of quantum meruit,” the decision read.

Broken down, Gador will receive P288,511.35 for her last year of service at Alberto Olarte National High School, albeit three years delayed, due to a small hiccup with her birth certificate.

Source: Commission on Audit Legal Information Archive

On January 13, 2016, Gador was prematurely sent off by the Department of Education (DepEd) upon supposedly reaching the compulsory retirement of 65 on December 13 – at least according to her records.

In truth, Gador was born on December 31, 1951, which prompted her to file a petition for correction of clerical error before the local civil registry, making right the January 3, 1951 listed under “Child’s date of birth.”

“Her act of continued discharge of duties from January 1 to December 31, 2016 was acquiesced in by the DepEd, so much so that her petition for correction of date of birth to December 31, 1951 was approved by the (Civil Service Commission) under Resolution No. 17-00533 dated May 31, 2017,” the panel explained.

Gador will already be turning 68 this coming December.

The decision was written by a three-man panel composed of Chairperson Michael Aguinaldo and Commissioners Jose Fabia and Roland Pondoc.