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Question Question - Substitute Appointment

  • Concerned Citizen of the PH
  • Concerned Citizen of the PH's Avatar Topic Author
4 years 2 months ago #3427 by Concerned Citizen of the PH
Concerned Citizen of the PH created the topic: Question - Substitute Appointment
I want to clarify information regarding 'Substitute Appointment".

1. Does he/she entitled for an Individual Performance Commitment and Review (IPCR)?

2. Should a 'Substitute Appointment' be considered Regular Employee? Additional clarification, when we say 'Regular', could this pertains to Permanent / Temporary / Contract of Employment / Casual?

3. If the regular incumbent person resigned from the position, could a substitute appointment still be issued / extended?

Thank you!

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4 years 1 month ago #3432 by Action Officer 5
Action Officer 5 replied the topic: Question - Substitute Appointment
Dear Sir/Madam:

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Be that as it may, relevant to your query is Rule IV, Section 9(c) of the 2017 Omnibus Rules on Appointment and Other Human Resource Actions (ORAOHRA), which defines substitute appointment as follows:

"c. Substitute — an appointment issued when the regular incumbent of a position is temporarily unable to perform the duties of the position, as when the incumbent is on an approved leave of absence, under suspension, on a scholarship grant or is on secondment. This is effective only until the return of the incumbent. A substitute appointment is allowed only if the leave of absence of the incumbent is at least three (3) months, except in the case of teachers.

A person who is issued a substitute appointment to a position whose duties involve practice of a profession covered by Bar/Board or special laws shall be required to possess the appropriate professional license. The substitute appointee shall be entitled to the salaries and benefits attached to the position except for those benefits requiring longer period of service for the availment thereof."

We hope that we have enlightened you on this matter.

Action Officer 31

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  • Concerned Citizen of the PH
  • Concerned Citizen of the PH's Avatar Topic Author
4 years 1 month ago #3435 by Concerned Citizen of the PH
Concerned Citizen of the PH replied the topic: Question - Substitute Appointment
Thank you for the reply but you never answered my questions. I already know about it from 2017 ORAOHRA, but I wanted a clearer picture.

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2 years 10 months ago #8122 by Action Officer
Action Officer replied the topic: Question - Substitute Appointment
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Nonetheless, we invite your attention to Section 9, Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA), Revised July 2018, which provides, as follows:

“a. Substitute — an appointment issued when the regular incumbent of a position is temporarily unable to perform the duties of the position, as when the incumbent is on an approved leave of absence, under suspension, on a scholarship grant or is on secondment. This is effective only until the return of the incumbent. A substitute appointment is allowed only if the leave of absence of the incumbent is at least three (3) months, except in the case of teachers.

“A person who is issued a substitute appointment to a position whose duties involve practice of a profession covered by Bar/Board or special laws shall be required to possess the appropriate professional license. The substitute appointee shall be entitled to the salaries and benefits attached to the position except for those benefits requiring longer period of service for the availment thereof.”

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