Repub of he Phppinas DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Ceres, EDSAcorer Quezon Aerie, Wes Tang, Guzen cg TEAR 2019 HON. JEREMIAS V. AGUILAR Acting Mayor SILG OPINION NO. 12S, 208 ‘Municipality of Bai Province of Cebu Dear Hon, Aguilar: This is in reference to your letter dated 5 November 2018 inquiring on whether you are entitled to the salary of the Office of the Municipal Mayor, being the Acting Mayor of the ‘Municipality of Barili, Province of Cebu. Based on your letter, you assumed temporarily duties and functions of the Office of the Mayor through automatic succession because the incumbent Municipal Mayor Marlon Garcia together with Vice Mayor ‘Teresito Marifias and the first ranking Sanggunian Member Sheila Pason, were suspended from office for six (6) months by virtue the Office of the Ombudsman decision. Foremost, your assumption of the duties and functions of the Office of the Mayor as an “Acting Mayor” due to the above-described situation is merely in connection with your duties as the second ranking Sanggunian Member. Itis only an additional imposition of obligation or a designation because the other officials mentioned above were temporarily incapacitated to perform their duties due to suspension from Office. Comes now to your question on whether you are entitled to the salary of the Office of the Mayor, we reply in negative. This position had long been established in DILG Opinion No 18, s. 2001 dated 26 March 2001 wherein a “vice mayor cannot validly claim the salary Pertaining to the office of the mayor because the exercise of the powers and performance of the duties and functions of the mayor is merely brought about by the temporary absence of the latter (Sec. 46 a}, Local Government Code). Ic is just an additional function or duty of the Vice mayor and as such, he is not entitled to any further remuneration (Sec. 445 [a], Local Government Code.” Moreover, the Supreme Court in the case of Dimaandal vs Commission on Audit said that: “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 1G.R.No, 112197, June 26, 1998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 (Santiago vs. COA, 199 SCRA 125). Designation is simply the mere imposition of new or additional duties on the officer or employee to be performed by him in a 2 erect ‘manner. It does not entail itional benefits or, 1n the person so aa os ight aa Ee lee as na eae Decision No_ 95-087 dated February 2. 122) ath thet Facer tie er of pe For the Jegal basis aaa reanicraas ight to claim the salary attached thereto is a duly issued and approved appointment to the position (Opinion dated January 25, 1994 of the Office for Legal Affairs, Civil Service Commission, Re: Evora, Carlos, A. Jr., Designation). Hence, based on the discussions above, as an Acting Mayor, you are not entitled to the salary of the Office of the Mayor. We further opine, however, that you are entitled of the RATA of the Office of the Mayor as you are actually performing the duties and functions therein. An employee whose position is not authorized by law to collect the same but is designated to a position vacated temporarily by the incumbent on account of his leave of absence, and other legal cause shall be entitled to the regular RATA of the position on reimbursable basis provided he is duly designated by the appointing authority.’ ‘We hope we had addressed your concerns accordingly. Very truly yours, BY AUTHORITY OF THE SECRETARY: LC. SACENDONCILLO, CESO II Undersecretary for Local a6 Copy furnished: Dir. Leocadio T. Trovela, CESO IV Regional Director DILG Regional Office VII Sudlon, Lahug, Cebu City u37 2 DILG Opi m No. 54, s. 2000, 14 June 2000