DIMAANDAL V.

COA | Martinez, 1998

FACTS
Nov. 28, 1992, ZosimoDimaandal, then holding the position of
Supply Officer III wasdesignated as Acting Assistant
Provincial Treasurer by then Gov. Vicente Mayo of Batangas.

Dimaandal filed a claim for the difference in salary and

Representation and Transpo
Allowance (RATA) of AsstsProvl treas. And Supply Ofcr, III
(P61,308.00).

Provincial Auditor allowed only P8,400.00 which corresponds

to the difference in theallowance attached to the designation
and the position occupied since the designation istemporary in
nature and does not amount to an appointment as would entitle
Dimaandal toreceive the salary of the position.
Dimaandal appealed to COA, which sustained the stand of the
Provl Auditor since he was merely designated as Asst. Provl
Treas. in addition to his regular duties. COA further opined that
he is not entitled to receive the difference (P8,400) since the
party designating him to theposition is not the duly competent
authority.
Dimaandal cites Menzon v. Petilla: de facto officers are
entitled to salary for servicesactually rendered.

ISSUE WON Dimaandal is a de facto officer entitled to salary for

services.
HELD/RATIO

NO. The governor did not have the authority to appoint nor designate
one temporarily in cases of temporary absence or disability or a
vacancy in a provincial office. That power resides in thePresident
(Sec.2077, Rev. Admin. Code) or the secretary of Finance (Sec. 471,
Loc. Gov. Code).
Dimaandals designation by Go
v. Mayo is defective and confers no right to claim the
differences in salary. Moreover, Dimaandals designation and the govs
absence of authorityto authorize payment of addtl salary and RATA
does not make him a de facto officer.
Further, the case of Menzon is not applicable in this case since in that
case, what wasextended was an appointment to the vacant position of
vice-gov. Here, what was extendedwas a mere designation.
Appointment= selection by the proper authority of an individual who
is to exercise thepowers and functions of a given office
Designation= merely connotes an imposition of additional duties, does
not entail payment of additional benefits nor the right to claim the
salary attached to the position.
De Facto Officer= one who derives his appointment from one having
colourable authority to appoint and whose appointment is valid on its
face; one who is in possession of an office and is discharging its duties
under color of authority, by which is meant authority derived from an
appointment, however irregular or informal; 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.