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  • 140.) NAC Vs COA

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    Nicole Ibay
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    The National Amnesty Commission (NAC) was created by the president to process amnesty applications and is composed of appointed and ex officio members. The ex officio members designated representatives to attend NAC meetings, and those representatives were paid honoraria. However, the Commission on Audit disallowed these payments, as representatives assumed duties via designation rather than appointment and are thus not entitled to salaries for positions they were not appointed to.

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    The National Amnesty Commission (NAC) was created by the president to process amnesty applications and is composed of appointed and ex officio members. The ex officio members designated representatives to attend NAC meetings, and those representatives were paid honoraria. However, the Commission on Audit disallowed these payments, as representatives assumed duties via designation rather than appointment and are thus not entitled to salaries for positions they were not appointed to.

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    16 views1 page

    140.) NAC Vs COA

    Uploaded by

    Nicole Ibay
    The National Amnesty Commission (NAC) was created by the president to process amnesty applications and is composed of appointed and ex officio members. The ex officio members designated representatives to attend NAC meetings, and those representatives were paid honoraria. However, the Commission on Audit disallowed these payments, as representatives assumed duties via designation rather than appointment and are thus not entitled to salaries for positions they were not appointed to.

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    © All Rights Reserved
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    of 1

    140.

    ) NAC vs COA

    [GR. 156982 September 8 2004]

    FACTS:

    Petitioner National Amnesty Commission (NAC) is a government agency created on March 25,
    1994 by then President Fidel V. Ramos through Proclamation No. 347. The NAC is tasked to receive,
    process and review amnesty applications. It is composed of seven members: a Chairperson, three
    regular members appointed by the President, and the Secretaries of Justice, National Defense and
    Interior and Local Government as ex officio members.

    It appears that after personally attending the initial NAC meetings, the three ex officio members turned
    over said responsibility to their representatives who were paid honoraria beginning December 12, 1994.
    However, on October 15, 1997, NAC resident auditor Eulalia disallowed on audit the payment
    ofhonoraria to these representatives amounting to P255,750 for the period December 12, 1994 to June
    27, 1997, pursuant to COA Memorandum No. 97-038.

    ISSUE:

    Whether representatives can be entitled to payment intended for ex-officio members

    HELD:

    The representatives in fact assumed their responsibilities not by virtue of a new appointment but
    by mere designation from the ex officio members who were themselves also designated as such.

    There is a considerable difference between an appointment and designation. An appointment is the


    selection by the proper authority of an individual who is to exercise the powers and functions of a given
    office; a designation merely connotes an imposition of additional duties, usually by law, upon a person
    already in the public service by virtue of an earlier appointment.

    Designation does not entail payment of additional benefits or grant upon the person so designated the
    right to claim the salary attached to the position. Without an appointment, a designation does not entitle
    the officer to receive the salary of the position.

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