Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts
The OCA Circular No. 105-04, issued on September 2, 2004, establishes additional requirements for lower court personnel seeking study leave benefits under the Educational Support Program for the Lower Courts (ESP-LC). It highlights the issue of beneficiaries not fulfilling their service obligations and failing to refund received salaries and benefits. To mitigate this, applicants must now submit a Guarantor's Undertaking, signed by five permanent employees of the Supreme Court or Lower Courts, who will assume joint liability for any monetary obligations if the applicant does not fulfill the contract conditions. This requirement aims to ensure compliance with the obligations associated with the study leave benefits.
Quick Answers
- What is Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts about?
- The OCA Circular No. 105-04, issued on September 2, 2004, establishes additional requirements for lower court personnel seeking study leave benefits under the Educational Support Program for the Lower Courts (ESP-LC). It highlights the issue of beneficiaries not fulfilling their service obligations and failing to refund received salaries and benefits. To mitigate this, applicants must now submit a Guarantor's Undertaking, signed by five permanent employees of the Supreme Court or Lower Courts, who will assume joint liability for any monetary obligations if the applicant does not fulfill the contract conditions. This requirement aims to ensure compliance with the obligations associated with the study leave benefits.
- What type of law is OCA Circular No. 105-04?
- Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts (OCA Circular No. 105-04) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts enacted?
- Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts (OCA Circular No. 105-04) was enacted on Sep 2, 2004.
- What is the citation for Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts?
- Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts, OCA Circular No. 105-04, Sep 2, 2004 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 105-04
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 2, 2004
OCA CIRCULAR NO. 105-04
| TO | : | All Lower Court Personnel |
| SUBJECT | : | Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts |
In the implementation of the Educational Support Program for the Lower Courts (ESP-LC), many lower court employees granted study leave benefits who do not complete the service obligation required in the Contract of Undertaking they entered into with the Office of the Court Administrator fail to make the required refund of the salaries and benefits they had received while on study leave.
To ensure that the beneficiary's obligation for refund is complied with, the Educational Support Program Committee for the Lower Courts (ESPC-LC), with the approval of the Court Administrator, adopts the policy of the Personnel Development Committee of the Supreme Court requiring study leave applicants to submit a Guarantor's Undertaking, with the modification that such Undertaking be executed by five (5) employees of the Supreme Court or Lower Courts with permanent appointments who shall assume joint and several liability for the grantee's monetary obligations in case of non-fulfillment of the conditions in the Contract of Undertaking.
In view thereof, all ESP-LC study leave applicants are hereby required to submit a duly accomplished Guarantors' Undertaking as prescribed herein simultaneously with the study leave application and other requirements.
For your information and guidance. TADIHE
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
ATTACHMENT
Encl.: Pro forma Guarantors' Undertaking
ESPC-LC Form No. 6
EDUCATIONAL SUPPORT PROGRAM FOR THE LOWER COURTS
GUARANTORS' UNDERTAKING
KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the attached Contract of Undertaking of ___________________ (Name of Applicant), ____________________ (Position), ____________________ (Court/Station), we
1. NAME: _____________________________________________
POSITION/STATUS OF APPOINTMENT: _________________
COURT/STATION: ___________________________________
TELEPHONE NO.: ___________________________________
HOME ADDRESS: ___________________________________
TELEPHONE NO./CELL PHONE NO.: ___________________
2. NAME: _____________________________________________
POSITION/STATUS OF APPOINTMENT: _________________
COURT/STATION: ___________________________________
TELEPHONE NO.: ___________________________________
HOME ADDRESS: ___________________________________
TELEPHONE NO./CELL PHONE NO.: ___________________
3. NAME: _____________________________________________
POSITION/STATUS OF APPOINTMENT: _________________
COURT/STATION: ___________________________________
TELEPHONE NO.: ___________________________________
HOME ADDRESS: ___________________________________
TELEPHONE NO./CELL PHONE NO.: __________________
4. NAME: _____________________________________________
POSITION/STATUS OF APPOINTMENT: _________________
COURT/STATION: ___________________________________
TELEPHONE NO.: ___________________________________
HOME ADDRESS: ___________________________________
TELEPHONE NO./CELL PHONE NO.: __________________
5. NAME: _____________________________________________
POSITION/STATUS OF APPOINTMENT: _________________
COURT/STATION: ___________________________________
TELEPHONE NO.: ___________________________________
HOME ADDRESS: ___________________________________
TELEPHONE NO./CELL PHONE NO.: __________________
bind ourselves solidarily to pay the monetary obligations of ___________________ (Name of Applicant) in case of the non-fulfillment of the conditions set forth in the said contract. aTIAES
We hereby authorize the Office of the Court Administrator to deduct from our salaries as payment for whatever monetary obligations that the herein applicant will incur due to the non-fulfillment of the conditions in the Contract of Undertaking.
IN WITNESS WHEREOF, we have hereunto set our hands at _______________, this _____ day of ___________________ 20__.
| 1. ________________________________ | 2. ________________________________ |
| (Guarantor's Signature over Printed Name) | (Guarantor's Signature over Printed Name) |
| 3. ________________________________ | 4. ________________________________ |
| (Guarantor's Signature over Printed Name) | (Guarantor's Signature over Printed Name) |
| 5. ________________________________ | |
| (Guarantor's Signature over Printed Name) | |
| _________________________________ | |
| (Applicant's Signature over Printed Name) | |
| SIGNED IN THE PRESENCE OF: | |
|
_______________________________
|
_______________________________
|
|
(Witness' Signature over Printed Name)
|
(Witness' Signature over Printed Name)
|
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
____________________________) S.S.
BEFORE ME, the undersigned Notary Public, this _____ day of _____________ 20__ in __________________, personally appeared the following guarantors with their respective Community Tax Certificate:
| 1. __________________ | _______________ | _______________ | _______________ | |
| (Name of Guarantor) | (CTC Number) | (Place of Issue) | (Date of Issue) | |
| 2. __________________ | _______________ | _______________ | _______________ | |
| (Name of Guarantor) | (CTC Number) | (Place of Issue) | (Date of Issue) | |
| 3. __________________ | _______________ | _______________ | _______________ | |
| (Name of Guarantor) | (CTC Number) | (Place of Issue) | (Date of Issue) | |
| 4. __________________ | _______________ | _______________ | _______________ | |
| (Name of Guarantor) | (CTC Number) | (Place of Issue) | (Date of Issue) | |
| 5. __________________ | _______________ | _______________ | _______________ | |
| (Name of Guarantor) | (CTC Number) | (Place of Issue) | (Date of Issue) |
known to me to be the same persons who executed the foregoing instrument consisting of three (3) pages, including this page on which this Acknowledgment is written, and signed at each and every page by the parties executing this instrument and their witnesses and sealed with my seal. The parties have acknowledged to me that this Undertaking is their free and voluntary act and deed. cSDIHT
WITNESS MY HAND and Notarial Seal at the __________________ on the date first above written.
NOTARY PUBLIC
Doc. No. ________
Page No. ________
Book No. _______
Series of 20______
Cite This Law
Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts, OCA Circular No. 105-04, Sep 2, 2004 (Philippines)
Additional Requirement for Availing of Study Leave Benefits Under the Educational Support Program for the Lower Courts, OCA Circular No. 105-04 (Phil. 2004)
Related Laws
- Submission of Application for Study Leave Under the Educational Support Program for the Lower CourtsOCA Circular No. 155-06 • Nov 16, 2006 • Supreme Court Issuances
- Submission of Application for Study Leave Under the Educational Support Program for the Lower CourtsOCA Circular No. 01-06 • Jan 3, 2006 • Supreme Court Issuances
- Submission of Application for Study Leave under the Educational Support Program for the Lower CourtsOCA Circular No. 149-04 • Dec 23, 2004 • Supreme Court Issuances
- Educational Support Program (ESP) for the Employees of the Lower Courts and the Office of the Court AdministratorOCA Circular No. 27-99 • Supreme Court Issuances
- Renaming the Educational Support Program Committee for the Lower CourtsOCA Circular No. 15-07 • Feb 16, 2007 • Supreme Court Issuances
- Effect of Vacation Leave Without Pay in the Running of the Period of Service Obligation Under the Contract of Undertaking of the Grantees of Educational Support Program for the Lower Courts (ESP-LC)OCA Circular No. 128-03 • Sep 11, 2003 • Supreme Court Issuances
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