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Question Inquiry lng po

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2 years 5 months ago #9587 by Rey C. Macaraeg
Rey C. Macaraeg created the topic: Inquiry lng po
Good afternoon po.
Ako po ay dating provisional senior high school teacher from 2016-2021 with consecutive Outstanding rating for the past 5 years. Binigyan po ako ng Letter ng Division Office na hindi na daw po nila ako renew kasi hindi pa po ako nag take ng LET exam at meron na daw Qualified applicant sa kanilang RQA to take my position (which is ok lng po sakin kung meron Qualified applicant na nga po sila which I thought would be a License Teacher). Only to found out that I was being replaced by a Non-LET passer with no teaching experience applicant. And the specialized subjects that I was supposed to teach was vacant for 1 semester (from September 2021- January 2022)

Ang tanong ko po meron po ba mali sa ginawa nila sakin? Kung meron po ano po pwedi ko gawin?

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2 years 5 months ago #9600 by Action Officer 21
Action Officer 21 replied the topic: Inquiry lng po
Hi Rey,

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be, or is actually, a subject of a complaint or appeal before it.

Section 10(b), Rule IV, 2017 ORAOHRA provide, that:

Provisional — an appointment issued to an appointee who meets all the requirements of the position except the eligibility but only in the absence of a qualified eligible actually available who is willing to accept the appointment, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal). Scholar-graduates of the Merit Scholarship Program of the Department of Science and Technology - Science Education Institute (DOST-SEI) shall be allowed to teach on provisional status, which appointment may be renewed every school year but not to exceed four (4) years.

Following the abovecited rule, please be advised that reappointment (renewal) of a provisional appointment is subject to the discretion of the appointing officer.

It is hoped that we have guided you on the matter.

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2 years 5 months ago #9609 by Rey C. Macaraeg
Rey C. Macaraeg replied the topic: Inquiry lng po
Hi po.,

Yes, thank you.
I understand that it is the discretion of the appointing authority to renew or not such provisional appointment. But, my inquiry is that based on the above rule that you cited which clearly states that : "BUT ONLY in the absence of a qualified eligible actually available who is willing to accept the appointment, as certified by the Schools Division Superintendent."

Did they violate this provision of the rule when they certify that they have a qualified eligible applicant to replace me but they hire also a provisional one? Or is it still the discretion of the appointing authority?

Pls enlighten me further

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2 years 5 months ago #9619 by Action Officer 21
Action Officer 21 replied the topic: Inquiry lng po
Hi Rey,

Please note that the statement “BUT ONLY in the absence of a qualified eligible” pertains to the discretion of the appointing authority, whether or not, to issue an appointment that is provisional, in the event that there are no qualified eligible.

On the other hand, a provisional appointment may or may not be renewed, subject to the discretion of the appointing authority.

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2 years 5 months ago #9626 by Rey C. Macaraeg
Rey C. Macaraeg replied the topic: Inquiry lng po
Hi sir,

Thank you very much for answering my queries.
I appreciate your prompt action.
More power and God bless..

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