June 23, 1998

DAR OPINION NO. 71-98

MEMORANDUM

FOR             :     Director Eugenio B. Bernardo
                           DAR Region IV Pasig City

SUBJECT    :     Petition For Payment And/Or Restoration Of Commutable Rata

This refers to the petition of CARPO Honorato A. Victoria for the payment and/or restoration of his Commutable Representation Allowance & Transportation Allowance (RATA).

A scrutiny of the records reveals the following, to wit: that pursuant to Special Order No, 01, Series of 1995 of then DAR Region IV Director Percival Dalugdug, CARPO Honorato Victoria of DAR Provincial Office, Boac, Marinduque was detailed at the Office of the Regional Agrarian Reform Adjudication Board (RARAD), Kalayaan Avenue, Diliman, Quezon City in order to assist said Office in the fast tracking and resolution of pending cases particularly those coming from Marinduque; that he has been receiving his salary and RATA at the Regional Office at Pasig City since his assignment to the Region in 1990; that even after his promotion to CARPO on September 2, 1992 and his re-assignment to DARPO, Boac, Marinduque on 04 January 1993, he still continued to receive his salary and RATA at the Regional Office wherein the ALAD for his salary and RATA had been originally transferred and allocated; that even with his reassignment to the RARAD's Office at Kalayaan Avenue, Diliman, Quezon City on 15 January 1995, he still continued to draw and receive his salary and RATA at the Regional Office until his RATA was withheld on March 1997; that in February 1997, you have, ordered the Assistant Regional Director for Administration, Milagros Versoza, to hold the payment of the RATA of all officials on detail at the Regional Office and to review who should be entitled to RATA; that pursuant to the Memorandum issued by Honorable Secretary Ernesto D. Garilao on 07 July 1997 regarding the amendment to Memorandum dated 15 September 1994 on payment of RATA, RARAD Fe Arche Manalang and PARAD Macario Bautista certified that he has been performing duties and responsibilities at the Regional Agrarian Reform Adjudication Office comparable to his regular positions as CARPO for Administration and Finance and as Chief of the Legal Division at his former station at DARPO Marinduque and, as such, he is entitled to RATA pursuant to the General Appropriation Act of 1997; and that he believes that since his detail with the RARAD Region IV is involuntary and not of his own volition but in compliance with the lawful order of then Director Percival C. Dalugdug, he is still entitled to a RATA, at DAR Region IV until his detail/assignment at the RARAD's Office is revoked.

Item No. 2 of the DAR Secretary's Memorandum dated 07 July 1997 provides quote:

"xxx                      xxx                      xxx"

2.      Holders of the above mentioned positions who are reassigned or in full-time detail to another organization 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..."

The above Memorandum may be made to apply in the instant case. As per records and pertinent certifications of Regional Adjudicator Fe Arche Manalang along with that of Provincial Adjudicator Macario S. Bautista and the recommendation of the Committee on RATA, DAR Region IV, the full-time detail in issue of herein petitioner Honorato A. Victoria is without consent and involuntary in nature, and that he is performing the duties and responsibilities in his new assignment as officer-in-charge, Personnel Administration and Discipline and concurrently, as Deputy Regional Sheriff comparable with his regular positions as CARPO and Chief of the Legal Division in BOAC, Marinduque.

On the other hand, sub-paragraph 3.3.1 of National Compensation Circular No. 67 dated 01 January 1992 as amended (copy attached) which provides the following, to wit:

"3.3.     The officials and employees referred to in Sections 2.1, 2.2 and 2.3 hereof shall no longer be authorized to continue to collect RATA in the following instances.

3.3.1 When on full-time detail with another organizational unit of the same agency, another agency, or special project for one (1) full calendar month or more as mandated or as a direct consequence of law or office orders and personnel actions based on voluntary action and consent of the officials or employees concerned, except when the duties and, responsibilities they perform are comparable with those of their regular positions, in which case, they may be authorized to continue to collect RATA on a reimbursable basis subject to the availability of funds."

may find no application in the instant case for the same contemplates of a situation where there is voluntary action and consent of the officials or employees concerned which appears not to be so, as per records of the case.

In view of the aforecited provisions and corresponding pertinent certifications, it is submitted that the claim of CARPO Victoria for commutable RATA may be granted.

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 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 personally sought by the employee for some reasons of his own or is merely an accommodation made upon his request and is not actually in the official 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 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.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Director Milagros D. Verzosa

Director III for Administration

Region IV, Capitol Compound, Pasig City

CARPO Honorato A. Victoria

Regional Agrarian Reform Adjudication Board

J & S Building, Kalayaan Ave.,

Diliman, Quezon City