Jordache Lintag Ramos

XU – COL Zamboanga
MEMORANDUM OF LAW
The use of the term “designation” in appointments.

FACTS
Dr. A is an employee of Toratora State University, a government state university located
in Kariton Street, Toratora City, Philippines. Dr. A was issued a “designation” as Vice-President
for Research and Extension of the said state university. Three months later, Dr. A was issued an
appointment as “Professor VI”, but he discharged his functions as Vice-President for Research
and Extension, and was granted RATA as VP for Research and Extension. To be able to teach
outside of office hours, Dr. A had to get special permission from the university president as he
had no teaching assignment.
 
ISSUES
1. Whether or not the term “designation” used by the Board of Trustees is equivalent
to appointment.
2. Whether or not the subsequent appointment granting RATA for VP is sufficient
confirmation of appointment.
 
APPLICABLE LAW AND JURISPRUDENCE:
1. Presidential Decree No. 1437 and,
2. Dr. Ofelia P. Triste v. Leyte State College Board of Trustees, et al., 192 SCRA 326.

DISCUSSION
Designation is equivalent to appointment
The term “designation” in the appointment of Dr. A as Vice-President of Research and
Extension as used by the Board of Trustees, is equivalent to the word “appointment.” As in the
case of Dr. Ofelia P. Triste vs Leyte State College Board of Trustees, et al. wherein Dr. Triste’s
seat as vice-president was questioned due to her mere “designation” to the position rather
than having been given an “appointment”.

An appointment is defined as an "act of designation by the executive officer, board or

body, to whom that power has been delegated, of the individual who is to exercise the
functions of a given office." Likewise, there is jurisprudence stating to the effect the word
"designate" when used by the appointing power in making an appointment, is equivalent to
"appoint.” Ergo, appointment and designation being the definitions of each other may be used
interchangeably.

On the other hand, the common usage of the terms is different, while ’appointment’
connotes permanency ‘designation’ implies temporariness. Thus, to "designate" a public officer
to another position may mean to vest him with additional duties while performing functions of
his permanent office.

Presidential Decree No. 1437 which defined the composition and powers of governing
boards of chartered state universities and colleges was passed to ensure all appointments or
designations are official. The law empowers the governing board to “to confirm appointments
of vice presidents, deans, directors, registrars, heads of departments, professors and other
officials and employees of the university or college made by the president, to fix their
compensation, hours of service, and such other duties and conditions as the governing boards
may promulgate, in accordance with the provisions of existing laws; to remove them for cause
after investigation and hearing” as laid provided in Section 3 Paragraph (f) of the same decree.

RATA granted for VP is sufficient confirmation

In the case of Dr. A, there was no tacit approval obtained from the governing board to
confirm his appointment after his designation which may lead us to conclude that indeed he
was only vested with temporary powers of the responsibilities of the Vice President for
Research and Extension.

However, three months later Dr. A was issued an appointment as “Professor VI” with an
additional grant of RATA as Vice President which was approved by the Civil Service Commission
and the Department of Budget and Management.

The RATA in the appointment of Dr. A shows that Dr. A has been duly confirmed as the
Vice President for Research and Extension despite his appointment merely stating “Professor
VI”. The fact of the payment of a salary and/or fees may aid in determining the nature of a
position, but it is not conclusive, for while a salary or fees are usually annexed to the office, it is
not necessarily so. As in the case of the oath, the salary or fees are mere incidents and form no
part of the office." The case of Dr. A is different as the RATA clause in his appointment became
a unique factor from the other Professor VI items in the plantilla distinguishing it from the
others, and became a key feature of his appointment.
CONCLUSION

Guided by the facts of the case and applicable laws and jurisprudence, we may conclude
that the use of the term “designation” and “appointment” may be used interchangeably and
are in actuality synonymous, both in its legal application and common usage application,
provided, however, that such designation or appointment is confirmed or approved by the
governing bodies as provided in PD 1437. Lastly the subsequent appointment of Dr. A to
Professor VI with a clause for a grant of the RATA for the Vice-President for Research and
Extension duly approved by the CSC and the DBM serves as the required confirmation of her
“designation” or “appointment” as the Vice-President for Research and Extension by the proper
governing body for all intents and purposes.