Monday, April 09, 2012

Dimaandal vs. COA

Facts: Dimaandal, then holding the position of Supply Officer III, was designated Acting Assistant Provincial Treasurer for Administration by then Governor Vicente A. Mayo of Batangas. Pursuant to the designation, petitioner filed a claim for the difference in salary and Representation and Transportation Allowance (RATA) of Assistant Provincial Treasurer and Supply Officer III for the whole year of 1993 in the total amount of P61,308.00. However, the Provincial Auditor disallowed the claim. Governor Mayo wrote to the Provincial Auditor requesting reconsideration of the subject disallowance but still the Provincial Auditor denied the request. Petitioner appealed to the respondent Commission on Audit which sustained the stand of the Provincial Auditor of Batangas as valid and proper, and on the grounds that1) petitioner was merely designated as an Assistant Provincial Treasurer for Administration in addition to his regular duties, 2) the Governor of Batangas had no authority to designate him to the said position.As such, he is not entitled to receive an additional salary. 

Issue: Whether or not an employee who is designated in an acting capacity is entitled to the difference in salary between his regular position and the higher position to which he is designated. 

Held: No. First, Sec. 471 of LGC provides that “ An Assistant treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the governor or mayor, subject to civil service law, rules and regulations”. Undoubtedly, the aforecited laws do not authorize the Provincial Governor to appoint nor even designate one temporarily in cases of temporary absence or disability or a vacancy in a provincial office. That power resides in the President of the Philippines or the Secretary of Finance. 

Second, The right to the salary of an Assistant Provincial Treasurer is based on the assumption that the appointment or designation thereof was made in accordance with law. Considering that petitioner's designation was without color of authority, the right to the salary or an allowance due from said office never existed. 

Lastly, There is a great difference between an appointment and designation. While an appointment is the selection by the proper authority of an individual who is to exercise the powers and functions of a given office, designation merely connotes an imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment. It does not entail payment of additional benefits or grant upon the person so designated the right to claim the salary attached to the position. 




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