Dimaandal Vs Coa

DIMAANDAL vs. COMISSION OF AUDIT Provincial Board, and that Mr.
Dimaandal was no longer

June 26, 1998|Martinez performing his duties as Supply Officer III.
o In addition, they argue that Dimaandal can be considered a
Petitioner: Zosimo M. Dimaandal de facto officer and thus entitled to his payment.Petitioners
Respondent: Commission of Audit cite several cases such as Cui, et.al vs. Ortiz (1960) and
Summary: Dimaandal, Supply Officer III, was designated as Acting Provincial Treasurer Menzon vs. Petilla (1990).
for Administration by the Governor General. The next year, he wants to claim the  Not giving him such salary would be tantamount to
difference of the salaries from his former to new one and the Representation and
Transportation Allowance (RATA) of both his positions. The SC ruled that he is merely
deprivation of property without due process of law and
designated and is not even a de facto officer since he was appointed by one who was impairment of obligations of contracts.
not authorized (only the President and Secretary can appoint, not the Governor) thus o Finally, the appointment of Dimaandal by the Undersecretary
he cannot claim salaries and allowances. of Finance to the position on July 8 1994 cures any defect.
Doctrine: A de facto officer is one who derives his appointment from an appointer ISSUE: W/N petitioner, who was designated an Acting capacity, is entitled to
with colorable authority to appoint, if the office is an appointive office, and whose collect the difference between the previous salary and allowances and the
appointment is valid on its face. It is also one who is in possession of an office and is higher position he was designated to - NO.
discharging its duties under color of authority, by authority from an appointment, HELD:
however irregular or informal, so that the incumbent be not a mere volunteer. 1. Under Sec. 2077 of the Revised Administative Code, appointing officer
The right to the salary of a designated/appointed position is based on the is authorized by law to order the payment of compensation to any
assumption that the appointment or designation thereof was made in accordance government officer or employee designated or appointed to fill such
with law. In the absence of right to office, there can be no violation of any vacant position, as provided under Section 2077 of the Revised
constitutional right nor an impairment of the obligation of contracts clause under Administrative Code which states that:
the Constitution. a. Sec. 471, LGC states that it is the Secretary of Finance who
has the power to appoint Dimaandal's position.
FACTS: b. Sec. 2077 of the Revised Adminstrative Code likewise
does not give the Governor to appoint nor even designate one
Petitioner was the Supply Officer III for Batangas. In 1992, Governor Mayo temporarily in cases of temporary absence or disability or a
designated him as Acing Provincial Treasurer for Administration. The next vacancy in a provincial office. It should be the President or the
year, he filed a claim for the difference in salary and Representation and Secretary of Finance.
Transportation Allowance (RATA) of Assistant Provincial Treasurer and 2. While it is true that the cases cited stated the rule that de facto
Supply Officer III for the whole year of 1993 in the total amount of P61,308.00. officers are entitled to the salary for services actually rendered,
 However, COA refused this request since Dimaandal was merely the de facto officers need to have been designated/appointed
designated, thus the position being an additional duty, and under Sec. under a color of title.
471, LGC1, the Governor is not the appropriate person to appoint his a. An appointment is the selection by the proper authority of an
position, it should have been the President or the Secretary of individual who is to exercise the powers and functions of a
Finance. Thus, Governor-General has no power to fill up a temporary given office, designation merely connotes an imposition of
vacancy or authorize compensation and Dimaandal is not even a de additional duties, usually by law, upon a person already in the
facto officer. public service by virtue of an earlier appointment
o Gov. Mayo appealed, saying that under Sec. 2077 of the b. On the other hand, designation is mere imposition of new or
Revised Administrative Code 2, the appointing authority has additional duties on the officer or employee to be performed
the power to order the payment of the designate or appointee, by him in a special manner. It does not entail payment of
the budget for the payment was already approved by the additional benefits or grant the right to claim the salary
1
Sec. 471. Assistant Treasurers. - (a) An Assistant treasurer may be appointed by the Secretary of in his discretion, order the payment of compensation, or additional compensation, to any Government
Finance from a list of at least three (3) ranking eligible recommendees of the governor or mayor, subject officer or employee designated or appointed temporarily to fill the place, compensation paid shall not
to civil service law, rules and regulations. exceed the salary authorized by law for the position filled.
2
In case of the temporary absence or disability of a provincial officer or in case of a vacancy in a
provincial office, the President of the Philippines or officer having the power to fill such position may,
attached to the position
c. A de facto officer is one whose appointment comes from one
with a having colorable authority to appoint, if the office is an
appointive office, and whose appointment is valid on its face.
It is also defined as one who is in possession of an office, and
is discharging its duties under color of authority from a
valid appointment, however irregular or informal, so that the
incumbent be not a mere volunteer. Then a de facto officer
is one who is in possession of an office in the open exercise
of its functions under color of an election or an appointment,
even though such election or appointment may be irregular.
ITC:
 What was extended to petitioner was merely a designation, nto an
appointment.
 The right to the salary of an Assistant Provincial Treasurer is
present only if the appointment or designation thereof was made
in accordance with law.
o The cited cases all contradict the petitioner's position:
 Menzon he was appointed Vice-Governor under the
color of a valid appointment (the alter ego of the
President, the Secretary of Local Government);
 Cui was appointed by a mayor with the right to
appoint.
 Neither does the appointment retroact since the appointment stated:
"…. Ito ay magkakabisa sa petsa ng pagganap ng tungkulin subalit di
aaga sa petsa ng pagpirma ng puno ng tanggapan o appointing
authority."
o Thus, the subsequent appointment of petitioner cannot cure
the fact that petitioner had no right to claim the RATA and
salary difference prior to such appointment.
WHEREFORE, premises considered, the petition is hereby DISMISSED for
lack of merit.

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DIMAANDAL vs. COMISSION OF AUDIT Provincial Board, and that Mr.

Dimaandal was no longer

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