BELICENA V SECRETARY OF FINANCE
FACTS
Belicena was appointed Acting Undersecretary in the Department of Finance and forthwith assumed office. While acting as such, the President designated him as Acting Secretary of Finance while the Secretary of Finance was in Hongkong on official business for the government. Belicena took his oath of office and Acting Executive Secretary Liwanag confirmed the designation. The President extended his service as Acting Undersecretary of Finance and in anticipation of his impending compulsory retirement, Belicena filed an application for termination leave. His application was not acted upon by the Secretary. When a new Secretary of Finance assumed office, he approved the application. The voucher for his pay was not signed because in computation of Belicena’s terminal leave pay, it was alleged that his one day salary as Acting Secretary of Finance should not be considered as his last month salary.
ISSUE
Whether the monetary value of Belicena’s terminal leave credits should be computed based on his 1-day salary as Acting Secretary of Finance?
HELD
YES. When the President designated Belicena as acting secretary, he did so under a well considered opinion that absence of then Secretary Ocampo was of such extent that he would be unable to perform his duties and by reason of that opinion the President extended to Belicena a temporary designation. Since the 1-day salary received by Belicena as Acting Secretary of Finance by virtue of a valid designation by the President is his highest monthly salary, the monetary value of his terminal leave should be computed on such basis as provided for by law.
