September 4, 1998

DAR OPINION NO. 91-98

MEMORANDUM FOR : Director Eugenio B. Bernardo DAR Region IV, Capitol Compound Pasig City Petition for Payment and/or Restoration of Commutable RATA

SUBJECT

This refers to the petitions of PARSSO Arturo V. Lipio, CARPOs Lorenza Evangelista and Joseph J. Montajes, and MAROs Bienvenido Tiratira, Admiran F. Fabregas, Resureccion Jara and Rene Sajo for the payment and/or restoration of their commutable Representation Allowance and Transportation Allowance (RATA). A scrutiny of the records reveals the following: that petitioners have been disallowed RATA since March 1997, and that CARPO Montajes, after assumption to office, has never received his RATA up to the time that he was reassigned back to the Regional Office; that their reassignment/detail were covered by Special Order No. 680, Series of 1996, Special Order No. 3-A, Series of 1998 and Special Order No. 284, Series of 1994; that the RATA disallowance was made before the issuance of a Directive for the denial which was based on the DAR Secretary's Memorandum dated 07 July 1997; that petitioners believe that said Memorandum, particularly Item No. 2 thereof, is inconsistent with the Civil Service Commission rulings and Supreme Court decision cited in the CSC case of Gerardo Balista dated 19 January 1998; that several recommendations from DAR officials in the persons of ARDA Milagros Versoza, Director Romeo Panisales, PARO II Plaridel C. Vera Cruz, and PARO II Rene N. Glorioso, as well as the Commission on RATA in DAR Region IV, were made for the payment/restoration of their RATA; that as regards the MAROs, their present assignments at the Regional Special Concerns Division are closely comparable with and interrelated to their official duties and functions; and that they are questioning the validity of the DAR Secretary Memorandum dated 07 July 1997. Items Nos. 2 and 8 of the DAR Secretary's Memorandum dated 07 July 1997 respectively provides the following, quote:

"xxx 2.

xxx

xxx

Holders of the above mentioned positions who are reassigned or in full-time detail to another organizational unit or special project for one full calendar month or more, which detail or reassignment is without consent or involuntary in nature are authorized to continue to collect commutable RATA chargeable against their mother units, provided that the duties

and responsibilities they perform are comparable with those of their regular positions as certified by the Head of Office concerned... "xxx 8. xxx xxx Holders of MARO positions who are assigned outside of a municipality and are detailed to Central, Regional or Provincial offices/units are not entitled to RATA, except when the duties and responsibilities they perform are comparable with those of their regular positions as certified by the Department of Budget and Management (DBM). The RATA that may be authorized is on reimbursable basis."

In order to arrive at a fair and equitable determination of the issue of allowance or disallowance of RATA in the instant case, it is submitted that the aforequoted provisions of said Memorandum of the Secretary should be read in consonance and in conjunction with the rulings and pronouncements in the Commission on Audit Decision No. 95-005 (re: Claim of Atty. Calonge for RATA), and in the Civil Service Commission Resolutions and Supreme Court decision (Commission of Internal Revenue vs. Civil Service Commission G.R. No. 94-205 dated February 11, 1992) as cited in the resolution of the case of MARO Gerardo C. Balista, et al., copies of which are herewith attached. In view of said rulings and pronouncements and per added justification report of Assistant Director Romeo S. Panisales of the Regional Special Concerns Division (RSCD), the MAROs in the instant case may be allowed RATA since they are likewise performing the duties and responsibilities comparable with and interrelated if not higher in scope and latitude to their original official functions. Another reason is that, pursuant to the DAR Secretary's Memorandum dated 07 July 1997, specifically No. 6 thereof, a MARO position, although below Division Chief level, is classified by the Department of Budget and Management as equivalent to Chief of Division. Accordingly, holders of MARO positions who are on official and involuntary detail to another units may be entitled to RATA, and much more so if they are performing duties and responsibilities comparable with and interrelated to those of their regular functions. As regards the other petitioners, i.e., CARPO Evangelista, PARSSO Arturo Lipio and CARPO Joseph J. Montajes, they may also be entitled to a RATA if indeed their present duties and responsibilities are relatively comparable with their regular positions as duly certified by the Head of Office concerned. However, notwithstanding the aforegoing, it has to be emphatically stressed that this opinion should not be unduly used as a precedent or construed as an implied condonation or toleration of the obnoxious practice of purporting to detail involuntarily an employee or personnel for official reasons or exigencies (in order to

continuously avail of the privilege of receiving a RATA) when in truth and in fact it is privately sought or initiated by the employee himself for some personal reasons of his own or is merely an accommodation made upon his request and is not actually in the official and/or to the best interest of the service. Such is not sanctioned and is strongly condemned in this jurisdiction. Accordingly, to foreclose commission and possible perpetuation in our Department of the aforesaid abominable practice, careful inquiry, evaluation and verification, on a case to case basis, must be conducted before the payment of RATA may be validly authorized. Please be guided accordingly.

(SGD.) DANILO T. LARA Undersecretary for Legal Affairs, and Policy Planning Copy furnished: Director Milagros D. Versoza Director III for Administration Region IV, Capitol Compound, Pasig City PARSSO Arturo V. Lipio, et al. DAR Region IV Capitol Compound, Pasig City