DOJ Opinion No. 008, s. 1991

DOJ OPINION NO. 008 , s. 1991 2nd Indorsement January 17, 1991 Respectfully returned to the Administrator, Land Registration Authority, Quezon City, the within request of the Register of Deeds of Baguio City for opinion on whether or not he may continue to receive representation and transportation allowance (RATA) as Chairman of the Local Board of Assessment Appeals from the City Government of Baguio City. In his letter dated October 9, 1990, the Register of Deeds of Baguio City stated that as Chairman of the Local Board of Assessment Appeals, he is included a one of the "other Provincial and City Officials" entitled to RATA but that payment thereof was stopped by the Department of Budget and Management (DBM) allegedly "in line with the pay equity policy of the government conformably with the provisions of R.A. No. 6758, better known as the Salary Standardization Law". He claims that he is still entitled to collect his RATA from the City Government pursuant to Memorandum Circular No. 12, s. 1988 of the Office of the President and based on the ruling of the Secretary of Justice that the Register of Deeds is among the "other provincial and city officials" entitled to representation allowance because while he is a national official, he actually renders service to the local government and, in fact, heads a local agency, the provincial/city board of assessment appeals (Ops., Sec. of Justice, No. 138, s. 1974; No. 50, s. 1984). We would like to state at the outset that we are rendering opinion on the instant query, although normally we should decline because it involves the official actuation of a coordinate department, the DBM, solely for the guidance of the Register of Deeds who is a subordinate official of the Department of Justice. We are not apprised of the specific legal reason why the DBM has allegedly ordered the stoppage of payment of RATA to the Register of Deeds of Baguio City. We surmise that the alleged DBM's action, might have been prompted by the provision of Section 12 of R.A. No. 6758 which insofar as pertinent provides: "SEC. 12. All allowances, except for representation of transportation allowances ; . . . and such other additional compensation not otherwise specified herein as may be determined by the DBM, shall be deemed included in the standardized salary rates herein prescribed . . . ." " Existing additional compensation of any national government official or employee paid from local funds of local government unit shall be absorbed into the basic salary of said official or employee and shall be paid by the National Government ". (Emphasis supplied) As we see it, R.A. no. 6758, by itself, does not prohibit but, in fact, allows the receipt of RATA. The first paragraph of Section 12, abovequoted, specifically exempts representation and transportation allowance from those allowances which shall be deemed included in the standardized salary rates prescribed therein. While the second paragraph provides that all additional compensation of national officials paid from local funds shall be absorbed into the basic salary of the said officials and paid by the national Government, it is believed that said provision does not include representation and transportation allowances which under the first paragraph are not to be integrated into the basic salary of the officials concerned. prcd Furthermore, even on the assumption that such locally-funded allowances (RATA) of national officials under the second paragraph shall be absorbed into the basic salary, this provision is not deemed applicable to the Registers of Deeds who are receiving RATA from local governments in their capacity as Chairmen of different Local Boards of Assessment Appeals, a local agency , the operational expenses of which are fully funded by the respective local governments (Secs. 31 and 33, P.D. No. 464). As aptly observed by this Department in Opinion No. 138, s. 1974 and No. 50, s. 1984, while the Register of Deeds is a national official, "he actually renders service to the local government, and in fact, heads a local agency , the provincial/city board of assessment appeals". In view of the foregoing, we believed that the Register of Deeds of Baguio City may continue receiving RATA from the City Government of Baguio City subject to conditions specified in Memorandum Circular No. 52, s. 1988 of Office of the President, to wit: "SECTION 1. Representation and Transportation Allowances . . . . " Other local officials not specifically enumerated above may also be entitled to commutable monthly representation and transportation allowances if so authorized by the Sanggunian concerned provided that the position they are occupying are declared or certified by the Joint Commission on Local Government Personnel Administration or by law as equivalent in rank to a provincial, city or municipal chief of office or department head." The Register of Deeds of Baguio City is hereby advised to make the appropriate representations with the DBM in this regard. (SGD.) FRANKLIN M. DRILON Secretary