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 Bureauopined 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
ZiSection 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)