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Question Appointment as OIC-Principal by the City Mayor

4 years 9 months ago #1650 by Secret
Secret created the topic: Appointment as OIC-Principal by the City Mayor
Good day po

May I know po kung ang isang empleyado ng DepEd na may plantilla or item na Special Education Program Supervisor (SEPS) ay maaaring ma appoint ng City Mayor as OIC-Principal ng isang secondary school? Hindi po ba ito labag sa policy, rule or regulation, or law, if any? Kung tumatangap po ba sya ng Honoraria bilang OIC-Principal, eto ba ay labag sa double compensation? Kung halimbawa po, hindi nya nagagampanan ang kanyang tunkulin bilang SEPS sa kadahilanang nag perform sya bilang OIC-Principal, meron po ba itong kaukulang action?

Maraming salamat po.

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4 years 9 months ago #1657 by Action Officer 7
Action Officer 7 replied the topic: Appointment as OIC-Principal by the City Mayor
Hello Sir,

Please be informed that as a matter of policy, the Civil Service Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

The power to appoint and designate within the DepEd is within the jurisdiction of the DepEd itself.
On the other hand, Compensation is defined by Section 1(c) of R.A. No. 1573, which amended Section 1(c) of C.A. No. 186 (Government Service Insurance Act),:
“(c) Salary, pay or compensation shall be construed as to exclude all bonuses, per diems, allowances and overtime pay, or salary, pay or compensation given in addition to the base of the position or rank as fixed by law or regulations
Similar definition is provided in Section 2 (i) of P.D. No. 1146:
“Compensation – the basic pay or salary received by an employee, pursuant to his employment/appointment, excluding per diems, bonuses, overtime pay and allowances.
It is clear from the law that honorarium, per diems, allowances, overtime pay or reimbursements do not amount to salary or compensation. Although not part of the salary, the basis of entitlement must be authorize by law/legal.
Thank you.

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