August 7, 2015

Ms. FAITH B. BACUCANG

HRMO
Office of the City Human Resource Managament
City Government of Victorias
Victorias City, Negros Occidental

Dear Ms. Bacucang:

This refers to your letter dated August 6, 2015 and received by this Office on the same
date, requesting for the opinion of this Office on the following:

“This is in connection with the Office Order #2015-13A by the city mayor,
HON. FRANCIS FREDERICK P. PALANCA, issued to Ms. Ma. Lourdes
Silava, designating her as Officer-in-charge of the City Budget Office
effective July 1, 2015 in view of the designation of Mr. Alejandro Alfonso
Acuña as In-Charge-of-Office of the City Treasurer. It is found out,
however, that Ms. Silava cannot be designated as Officer-in-Charge of the
City Budget Office as she holds a first level position based on the Guidelines
on Designation (CSC MC No. 6, s. 2005).

Along this line, may we ask your opinion whether Ms. Silava is entitled for
a Representation and Transportation Allowance (RATA) for the month of
July 2015, which she had already performed the duties and functions of her
designation. As such, she had performed diligently and served the city
accordingly as she was responsible of all office operations of the City Budget
Office since the date of issuance of the Order.”

The Office Order you mentioned and attached designated Silava, Computer Operator
III, as Officer-In-Charge of the City Budget Office. It further states, that:

“As such, you shall perform the duties and functions as prescribed
under Book 3, Chapter 5, Title 5, Art. 5, Sec. 475 of the Local Government
Code of the Philippines.
 “Furthermore, you are entitled to a monthly Representation and
Transportation Allowance (RATA) in the amount of P12,750.00.”

It bears stressing that the Commission proscribed the designation of first level employee
to second level positions pursuant to CSC Memorandum Circular No. 6, s. 2005, to wit:

“Guidelines on Designation in the Civil Service:

xxx
(2) Designees can only be designated to positions within the level they are
currently occupying. However, Division Chiefs may be designated to
perform duties of third level positions.

“First level personnel cannot be designated to perform the duties of second

level positions. x x x”

Based on the afore-quoted provision, except for Division Chiefs, employees may only be
designated to positions within the level they are currently occupying. Clearly, first level
personnel cannot be designated to perform the duties of second level positions. On this
basis, the designation of Silava, a first level employee, as Officer-in-Charge of the City
Budget Office is not valid.

Corollary to the above, in one case1 , the Commission did not consider the experience
gained through an invalid designation as relevant experience. The Commission
enunciated that “nobody should benefit from an unlawful order”.

In the same vein, considering that the designation of Silava as Officer-in-Charge of the
City Budget Office is invalid, she should not benefit from such unlawful order.
Therefore, it is our view that Silava is not entitled to payment of RATA.

Please be guided accordingly.

Very truly yours,

Atty. ERNA T. ELIZAN

Director II

1
CSC Resolution No. 150406, promulgated 18 June 2015, BARCE, Annabelle G.