FACTS:

Zosimo M. Dimaandal was designated as Acting Assistant Provincial Treasurer for Administration by then Governor Vicente A. Mayo of Batangas on November 23, 1992. Dimaandal filed a claim for the difference in salary and RATA of the Assistant Provincial Treasurer and his original position of Supply Officer III for the whole year of 1993. The Provincial Auditor disallowed a portion of the claim, allowing only a partial amount. Governor Mayo requested reconsideration, but the Provincial Auditor denied the request. Dimaandal appealed to the Commission on Audit, which sustained the Provincial Auditor's decision. The issue is whether an employee designated in an acting capacity is entitled to the salary and benefits of the higher position. Dimaandal argues for entitlement as a de facto officer, but the court finds his petition without merit, stating that the Governor did not have the authority to designate him to the position.

ISSUES:

1. Whether an employee who is designated in an acting capacity is entitled to the difference in salary between his regular position and the higher position to which he is designated.

RULING:

1. The Supreme Court held that the employee who is designated in an acting capacity is not entitled to the difference in salary between his regular position and the higher position to which he is designated. The Court ruled that the designation is temporary in nature and does not amount to the issuance of an appointment. Therefore, the employee is only entitled to the salary and benefits attached to his regular position.

PRINCIPLES:

• The designation of an employee in an acting capacity does not entitle him to the salary and benefits attached to the higher position.

• The authority to appoint or designate an employee to a higher position rests on the appropriate authority specified by law and/or regulations.

• De facto officers are entitled to salary for services actually rendered, but the rule does not apply in cases of temporary designation.