Republic of he Pipes DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Contr, EDSA come Quezon Aerua, West Tange, Qubzon Cy ito: va ag DILG OPINION No. !t_ g aoik MAYOR DOMINADOR V. ARENAS O5 MAR 2018 Municipality of Labrador Province of Pangasinan Dear Mayor Arenas: This has reference to your letter dated 7 November 2017 requesting for this Department's legal opinion, whether a 4" class municipality, Tike Labrador, Pangasinan, is obliged to grant allowances to national government employees assigned in a local government unit (LGU). Based on your letter, the detailed national government officials, such as the DILG Operations Officer (GOO) and the Chief of Police assigned to your municipality collects a monthly representation and transportation allowance (RATA). However, in the 7 paragraph of your letter, you are seeking opinion whether a 4" class municipality, like Labrador, is obliged to grant allowances to national government employees assigned in a local government unit, First and foremost, we would like to give emphasis that RATA is different and distinct from the allowances that the municipal government may grant in favor of the national government officials assigned in their respective municipalities. Per DBM-National Budget Circular No. 548 dated 15 May 2013, entitled “Amended Rules and Regulations on the Grant of Representation and Transportation Allowances”. RATA is an additional benefit allowed by law and fund sources of the RATA for those on detail to other government agencies shall be charged to the approptiations/budgets of their parent agencies (Item 13.3). On the other hand, the allowances that a municipality may grant to the detailed national government officials is provided in Section 447(a)(1)(xi) of Republic Act No. 7160, otherwise known as the “Local Government Code", to wit: “When the finances of the municipal government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the municipality.”‘Anent your query, it is clear from the above-given issuance and law that RATA for those officials from other government agencies assigned to the LGUs is mandated by law to certain positions and should be charged to the appropriations/budgets of their parent agencies. On the other hand, the grant of allowances by the LGUs in favor of the said officials is subject to the availability of fund. In other words, the LGUs are not required to give said allowances to those officials. Also, the grant of allowances should be in accordance with the appropriation ordinance of the said LGU. Accordingly, we agree with you that allowances (not RATA) for national government agency employees assigned or detailed in a municipality can only be granted when there is availability of funds but not mandatory on the part of the local government unit, pursuant to Section 447(a)(1(xi) of the LG We hope to have assisted you on the matter. Very truly yours, By Authopit) of the Secretary: AUSTERE A, PANADERO Undersecretary 1 CC RD James F. Padrilan Regional Director Region I- Pangasinan Region age