DIMAANDAL vs. COMISSION OF AUDIT
Dimaandal was no longer
June 26, 1998|Martinez
Petitioner: Zosimo M. Dimaandal
Respondent: Commission of Audit
Summary: Dimaandal, Supply Officer III, was designated as Acting Provincial Treasurer
for Administration by the Governor General. The next year, he wants to claim the
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
designated and is not even a de facto officer since he was appointed by one who was
not authorized (only the President and Secretary can appoint, not the Governor) thus
he cannot claim salaries and allowances.
Doctrine: A de facto officer is one who derives his appointment from an appointer
with colorable authority to appoint, if the office is an appointive office, and whose
appointment is valid on its face. It is also one who is in possession of an office and is
discharging its duties under color of authority, by authority from an appointment,
however irregular or informal, so that the incumbent be not a mere volunteer.
The right to the salary of a designated/appointed position is based on the
assumption that the appointment or designation thereof was made in accordance
with law. In the absence of right to office, there can be no violation of any
constitutional right nor an impairment of the obligation of contracts clause under
the Constitution.
FACTS:
Petitioner was the Supply Officer III for Batangas. In 1992, Governor Mayo
designated him as Acing Provincial Treasurer for Administration. The next
year, he filed a claim for the difference in salary and Representation and
Transportation Allowance (RATA) of Assistant Provincial Treasurer and
Supply Officer III for the whole year of 1993 in the total amount of P61,308.00.
 However, COA refused this request since Dimaandal was merely
designated, thus the position being an additional duty, and under Sec.
471, LGC1, the Governor is not the appropriate person to appoint his
position, it should have been the President or the Secretary of
Finance. Thus, Governor-General has no power to fill up a temporary
vacancy or authorize compensation and Dimaandal is not even a de
facto officer.
o Gov. Mayo appealed, saying that under Sec. 2077 of the
Revised Administrative Code 2, the appointing authority has
the power to order the payment of the designate or appointee,
the budget for the payment was already approved by the
1
Sec. 471. Assistant Treasurers. - (a) An Assistant treasurer may be appointed by the Secretary of
Finance from a list of at least three (3) ranking eligible recommendees of the governor or mayor, subject
to civil service law, rules and regulations.
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,
Provincial Board, and that Mr.
performing his duties as Supply Officer III.
o In addition, they argue that Dimaandal can be considered a
de facto officer and thus entitled to his payment.Petitioners
cite several cases such as Cui, et.al vs. Ortiz (1960) and
Menzon vs. Petilla (1990).
 Not giving him such salary would be tantamount to
deprivation of property without due process of law and
impairment of obligations of contracts.
o Finally, the appointment of Dimaandal by the Undersecretary
of Finance to the position on July 8 1994 cures any defect.
ISSUE: W/N petitioner, who was designated an Acting capacity, is entitled to
collect the difference between the previous salary and allowances and the
higher position he was designated to - NO.
HELD:
1. Under Sec. 2077 of the Revised Administative Code, appointing officer
is authorized by law to order the payment of compensation to any
government officer or employee designated or appointed to fill such
vacant position, as provided under Section 2077 of the Revised
Administrative Code which states that:
a. Sec. 471, LGC states that it is the Secretary of Finance who
has the power to appoint Dimaandal's position.
b. Sec. 2077 of the Revised Adminstrative Code likewise
does not give the Governor to appoint nor even designate one
temporarily in cases of temporary absence or disability or a
vacancy in a provincial office. It should be the President or the
Secretary of Finance.
2. While it is true that the cases cited stated the rule that de facto
officers are entitled to the salary for services actually rendered,
the de facto officers need to have been designated/appointed
under a color of title.
a. An appointment is the selection by the proper authority of an
individual who is to exercise the powers and functions of 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
b. On the other hand, designation is mere imposition of new or
additional duties on the officer or employee to be performed
by him in a special manner. It does not entail payment of
additional benefits or grant the right to claim the salary
in his discretion, order the payment of compensation, or additional compensation, to any Government
officer or employee designated or appointed temporarily to fill the place, compensation paid shall not
exceed the salary authorized by law for the position filled.
 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.