Municipal Councilors not entitled to traveling expenses in going to and returning from sessions of municipal council [Ruling of the General Auditing Office]

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Municipal officials and employees

Travel costs

Meetings

Public meetings of legislative bodies

Rights

In Copyright - Educational Use Permitted

Abstract

Given the provision of the law, the Office does not allow reimbursement from government funds for traveling expenses of municipal councilors in attending sessions of the council, it is suggested that the Municipal Council concerned should avail of the provisions of the first paragraph of section 2187, granting municipal councilors under certain condition a per diem for every regular session that they attended.

Fulltext

RULINGS OF THE GENERAL AUDITING OFFICE REFUND OF TUITION FEE AND RENTAL OF TEXTBOOKS OF STUDENTS CALLED TO MILlT..1RY TRAINING. - As regards the first q:1ery herein presented by the Director of Education, this Office is of ,the opinion that a 20·yE?ar old student who enrolls in a public high school in June, pays the first installment of his tuHion and is called to military ,training in July·, should be required to pay \he full year's tuition fee only when he returns to school upon completion of his military training or takes the special examinations proyided in Common\realth Act No. 131. Shouid he fail to w:ail of any of these privileges, the tuition fee which he has already ,paid m2y be refunded to him. Under the same circumstances and answering the second query, this Office believes that the student may be allowEcl to use again during the same school year only, the rented textbooks which he voluntarily returned when called to military training, if, upon termination thereof, he returr.s to his clas~es er takes the special examination provided in Commonwealth Pct No. 131. If he fails in the examination, he cannot use again the same tooks during the following school year without paying another rental. However, if the student decides not to avail of the privile:i;es of Commonwealth Act No. 131 after military t;:-aining and returns his books in July, he may be refunded the rental thereof. --Ind., dated July 27, 1939, of And. Gen. to the Sec. of Public Instruction, Manila. WHEN DE JURE OFFICER MAY NOT BE 'PIAID SALARY.-According to the attached letter of the Provincial ,A uclitor, dated April 18, 1947, Mr. Juan Doctor, the elected vice-mayor of L:>.gor.oy, Camarines Sur, at the outbreak of the war assumed office as vice-mayor immediately after liberation and upon the reconstitution of the government of said municipality under OCTOBER-NOVEMBER, 1949 the Commonwealth Government, and that he also acted as municipal may«r of Lagonoy during the perJOd from S<·ptemner 19 to October 15, 1945. while the regular incumben', Nicolas Rivero, was urnder suspension. In view hereof, and as it appears from the next preceding indoresement that Doctor was paid salary as municipaTiv1ayor from September 19 to October 15, 1945, Mr. Quintin C. Aremea who claims to have also rendered services as acting mayor during the same period, cannot be paid salary for his alleged services even granting that he was the de jure incumben:t in accordance with the foL lowing authority: "B~1t it is held that if p::iyment of the sr.l&ry or other compensation be ma<i~ by the gove~·nment, in good faith, to the officer de facto, while he is still in possession of the cf,fi::e, the government cannot be compelled to pay it a second time to the officer de juJ"e when he has recovered the office, at least where the officer de facto he! cl by color of title." (Mechem, The Law of Offices and Officers, p. 222. ) -7th Ind., Mciy 20, 1947 of Dep. Aud. Ge11. to Sec. of the Inte1'ior. BOYS TOWN, AID FOR OUT OF SVIEEPSTAKE ALLOTMENT. - .~s it appears herein that the "IBoys Town" of the City of Iloilo is engaged in social welfare work in that City, this Office has no objection to the grant of !'5, 000 to this organization out of the share of the sweepsta;kes funds allotted to the City of Iloilo as proposed in the within Resqlution No. 515 dated April 22, 1947, under Section 4 of Commonwealth Act No. 301.-2nd Ind., July 14, 1947, of Aird. Gen. to Sec. of Int. MUNICIPAL COUNCILORS NOT ENTITLED TO TRAVELING EXFIENSES IN GOING TO AND RE· TURNING FROM SESSIONS OF l\1UNICIP AL COUNCIL.-The pertiPage 501 nent portion of section 2187 of the Revised Administrative Code provides: "When absent from their permanent stations on offcial business other than attendance at the session of the council, vice-mayors and councilors shall be allowed their actual expenses of travel with the approval of the provincial governor." (Underscoring supplied.) In view of the aforementioned pro,·ision of law, and ur.less the same is amended this Office cannot allow in audi.t th~ payment from government funds of the traveling expenses of municipal councilors in going to and returning from the sessions of the municipal council. However,. in order to compensate municipal councilors, 8pecially those residing in distant barrios, for their traveling expenses in attending sessions of the council, it is suggested that the Municipal Council concerned should avail of the provisions o[ the first paragraph of section 2187, supra, g-ranting municipal councilors under certain conditior.is a per diem in an amount not exceeding 1''2'. 00 each, for every regular session of the council actually attended by them.-3n/., Ind., J(tn. 9, 1940, of Aud. Gen. to Proi-i11cial ,1 uditor of Rizal. CLEANING OF BACKYARDS AND PRlVIATELY-0\YNED LOTS.This Office will offer no objection to the appro,·al of the appropriation of !'5,000 proposed in the· attached supplemental budget No. 31, general fund, of the City of Baguio, for the payment of wages of laborers engaged in the c-leaning of backyards and privately-owned lots in said City, subject to the pro,·isions of section 2553 (r) of the Revised Administrative Code, m1thorizing the city council "to requir2 any land or building which is in an insanitary condition to be cleaned at ~he expeme of the owner or ter.ant, and, upon failure to comply with such an order, have the work clone, and nssess the expense upon the lar.d or builclirnr."-!lth Ind .. June 30,1947 of Aud. Gen. to Sec of Int. . Page 502 \\'AGES DURING OFFICIAL HOLIDA YS.-This Office is not aware of any law which authorizes payment of wages during official holidays to employees who are paid by the day, except in the cases where they are required and have actually rendered service during such holidays. Payment of wages on the daily basis requires or presupposes actual services. - 3rd Ind., April 16, 1946, of Aud. Gen. to Sec. of Finance: G.A-0.F. No. 3. 113 Prill'.ting. RICE PLANTING :FESTIVAL, AP· PROPRIATION IN CONNECTION WITH.-,-This Office will offer no ob· .i<'ction to the approval of the within Resolution No. 143, current series, of foe Municipal Council of Caloocan, RL zal appropriating the sum of !'200 to defray the expenses incurred in con· nection with the celebration of "Rice Planting Festival" in said municipality on .cl. ugust 7, 1939, provided that the cost of drinks, cigars and cegarettes and other items not necessary in the celebration thereof shall not be charged against the said appropriation.-5th fnd., Dec. 23, 1939 of Aud. Gen. to Sec. of Finance; G. A. 0. F. 14 Rizal. MUNICIPAL COUNCILORS, TRAVELING EXPENSES OF OUTS-IDE THEIR MUNICI'F'ALITIES. - When frawling on official business outside of their municip.alities, municipal coun· cilors are entitled to reimbursement of their actual and nece:;sary exper:ses of travel with the approval of the provincal governor, subject to the provisions of Executive Order No. 369, series of 1941, and 78, series of 1945, and the usual auditing requirements. If a municipal councilor goes out on official tiusiness to his barrio of which he is not a resident and it is impracticable for him to return to the poblacion or to his house for lunch, or will incur greater expenses for transp8rtation than the cost of his meal in the said barrio if he returns to the poblacion or his house' to take his lunch, he may he allowed tu collect the cost of his meal or meals in addition to other actual and necessary travel exper.,ses.5t h Ind., Frli. 19, 1947 of Aud. THE LOCAL GOVER:-.IMENT REVIEW

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