Jordache Lintag Ramos XU COL Zamboanga MEMORANDUM OF LAW The use of the term designation in appointments.

FACTS Dr. A is an employee of Toratora State University, a government state university located in Kariton Street, Toratora City, Philippines. Dr. A was issued a designation as Vice-President for Research and Extension of the said state university. Three months later, Dr. A was issued an appointment as Professor VI, but he discharged his functions as Vice -President for Research and Extension, and was granted RATA as VP for Research and Extension. To be able to teach outside of office hours, Dr. A had to get special permission from the university president as he had no teaching assignment.

ISSUES 1. Whether or not the term designation used by the Board of Trustees is equivalent to appointment. 2. Whether or not the subsequent appointment granting RATA for VP is sufficient confirmation of appointment.

APPLICABLE LAW AND JURISPRUDENCE: 1. Presidential Decree No. 1437 and, 2. Dr. Ofelia P. Triste v. Leyte State College Board of Trustees, et al., 192 SCRA 326.

DISCUSSION Designation is equivalent to appointment The term designation in the appointment of Dr. A as Vice-President of Research and Extension as used by the Board of Trustees, is equivalent to the word appointment. As in the case of Dr. Ofelia P. Triste vs Leyte State College Board of Trustees, et al. wherein Dr. Tristes seat as vice-president was questioned due to her mere designation to the position rather than having been given an appointment.

An appointment is defined as an "act of designation by the executive officer, board or body, to whom that power has been delegated, of the individual who is to exercise the functions of a given office." Likewise, there is jurisprudence stating to the effect the word "designate" when used by the appointing power in making an appointment, is equivalent to

"appoint. Ergo, appointment and designation being the definitions of each other may be used interchangeably.

On the other hand, the common usage of the terms is different, while appointment connotes permanency designation implies temporariness. Thus, to "designate" a public officer to another position may mean to vest him with additional duties while performing functions of his permanent office.

Presidential Decree No. 1437 which defined the composition and powers of governing boards of chartered state universities and colleges was passed to ensure all appointments or designations are official. The law empowers the governing board to to confirm appointments of vice presidents, deans, directors, registrars, heads of departments, professors and other officials and employees of the university or college made by the president, to fix their compensation, hours of service, and such other duties and conditions as the governing boards may promulgate, in accordance with the provisions of existing laws; to remove them for cause after investigation and hearing as laid provided in Section 3 Paragraph (f) of the same decree.

RATA granted for VP is sufficient confirmation In the case of Dr. A, there was no tacit approval obtained from the governing board to confirm his appointment after his designation which may lead us to conclude that indeed he was only vested with temporary powers of the responsibilities of the Vice President for Research and Extension.

However, three months later Dr. A was issued an appointment as Professor VI with an additional grant of RATA as Vice President which was approved by the Civil Service Commission and the Department of Budget and Management.

The RATA in the appointment of Dr. A shows that Dr. A has been duly confirmed as the Vice President for Research and Extension despite his appointment merely stating Professor VI. The fact of the payment of a salary and/or fees may aid in determining the nature of a position, but it is not conclusive, for while a salary or fees are usually annexed to the office, it is not necessarily so. As in the case of the oath, the salary or fees are mere incidents and form no part of the office." The case of Dr. A is different as the RATA clause in his appointment became a unique factor from the other Professor VI items in the plantilla distinguishing it from the others, and became a key feature of his appointment.

CONCLUSION

Guided by the facts of the case and applicable laws and jurisprudence, we may conclude that the use of the term designation and appointment may be used interchangeably and are in actuality synonymous, both in its legal application and common usage application, provided, however, that such designation or appointment is confirmed or approved by the governing bodies as provided in PD 1437. Lastly the subsequent appointment of Dr. A to Professor VI with a clause for a grant of the RATA for the Vice-President for Research and Extension duly approved by the CSC and the DBM serves as the required confirmation of her designation or appointment as the Vice-President for Research and Extension by the proper governing body for all intents and purposes.