MEMORANDUM To Subject Republic of the Philippines COMMISSION ON AUDIT Commoninealth Avenue, Quezon City, Philippin S & ECVE, No. Date All Regional Directors and Assistant Regional Directors; Supervising Auditors and Audit Team Leaders of Local Government Units; and All Others Concerned Letter dated November 16, 2016 of Department of Budget and Management (DBM) Secretary Benjamin E. Diokno on the Entitlement to Representation and Transportation Allowances (RATA) of Secretaries to Local Sanggunians Quoted hereunder is the letter dated November 16, 2016 of DBM Secretary Benjamin E. Diokno: Nov 16 2016 Mr. Filemon A. Aguil r, Jr. President, Philippine League of Secretaries to the Sanggunian, Inc. (PLEASES) Office of the Provincial Chapter President SP Misamis Oriental Building Cagayan De Oro City Dear Mr. Aguilar: This pertains to your letter! requesting for reconsideration of the DBM-OPCCB? opinion which states that the Secretaries to the Sanggunian are not entitled to Representation and Transportation Allowances (RATA). On March 18, 2016, the OPCCB, in response to the referral of DBM RO X of the request of Municipal Mayor of Jasaan, Misamis Oriental, * Letter dated October 13, 2016 received by OPCCB on October 28, 2016 * Organization, Position Classification and Compensation Bureauopined that the SB Secretary is not among those enumerated officials under LBC No. 103 who are entitled to RATA citing the following reasons: a. Section 4° of Local Budget Circular (LBC) No. 1034 enumerates the regular positions in the LGU that are covered by the grant of RATA. The SB Secretary is not among those officials authorized to collect RATA; b. Relatedly, Section 5* of LBC No. 103 lists the positions for LGU officials of equivalent ranks to positions for national government officials entitled to RATA. The SB Secretary is not among those officials equated to positions in the national government entitled to RATA; and c. The Supreme Court, in the case of Mayor Benjamin Arao versus Civil Service Commission, held that a Secretary to the SB is not a department head but merely one having equal rank and salary as that of the latter. Afier a careful review, your request is favorably considered in view of the following: a. The Manual on Position Classification and Compensation, specifically on Representation and Transportation Allowances, published through Circular Letter No. 2007-6 dated February 19, 2007, provides that LGU department heads and their equivalents are entitled to receive RATA. (Underscored supplied); b. Article 122, Rule XVII of Administrative Order No. 270° categorically states that a Secretary to SB shall have an equivalent rank and salary as a department or office head. ® Coverage. This Circular covers the regular positions for the following officials: {a) Local Chief Executives; (b) Local Vice Chief Executives; (c) Sanggunian Members, including ex-Officio members (d) Department Heads (e) Assistant Department Heads: (0) Chiefs of Hospital, and (@) Division chiefs in Special cities “Amended Rules and Regulations on the Grant of Representation and Transportation Allowances dated May 15, 2013 * Equivalent ranks to National Government Officials. See Annex “A” of circular. * Implementing Rules and Regulations of the Local Government Code of 1991 a ZiSection 4 of LBC No. 103 provides that department heads are entitled to receive RATA; and c. The Secretaries to the Sanggunian were issued appointments as Department Heads. Based on the foregoing, the grant of RATA to the Secretaries to the Sanggunian is hereby authorized pursuant to Section 4 of LBC No. 103. Very truly yours, (Sed.) BENJAMIN E. DIOKNO Secretary In View thereof, please be guided accordingly in the audit of RATA granted to Secretaries to the Sanggunian. MICHAEKG. AGUINALDO Chairperson MM. ESZ/EGAT/DHT/EEL/AMAZ LSS-OGC-2019-02-000605 (2019-090)