Renewal of Appointments of Temporary Employees in the Lower Courts
OCA Circular No. 43-92 outlines the process for renewing temporary employees' appointments in the lower courts of the Philippines. It mandates that judges must submit their recommendations for renewal two months prior to the expiration of these appointments to avoid delays in processing by the Civil Service Commission. Failure to do so can render the appointment ineffective, and the appointing authority may be liable for the appointee's salary. To streamline the renewal process, the Circular states that, in the absence of a contrary recommendation, a renewal will be automatically issued one month before the temporary appointment expires. However, judges retain the authority to terminate appointments based on valid grounds.
Quick Answers
- What is Renewal of Appointments of Temporary Employees in the Lower Courts about?
- OCA Circular No. 43-92 outlines the process for renewing temporary employees' appointments in the lower courts of the Philippines. It mandates that judges must submit their recommendations for renewal two months prior to the expiration of these appointments to avoid delays in processing by the Civil Service Commission. Failure to do so can render the appointment ineffective, and the appointing authority may be liable for the appointee's salary. To streamline the renewal process, the Circular states that, in the absence of a contrary recommendation, a renewal will be automatically issued one month before the temporary appointment expires. However, judges retain the authority to terminate appointments based on valid grounds.
- What type of law is OCA Circular No. 43-92?
- Renewal of Appointments of Temporary Employees in the Lower Courts (OCA Circular No. 43-92) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Renewal of Appointments of Temporary Employees in the Lower Courts enacted?
- Renewal of Appointments of Temporary Employees in the Lower Courts (OCA Circular No. 43-92) was enacted on Aug 13, 1992.
- What is the citation for Renewal of Appointments of Temporary Employees in the Lower Courts?
- Renewal of Appointments of Temporary Employees in the Lower Courts, OCA Circular No. 43-92, Aug 13, 1992 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 43-92
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 13, 1992
OCA CIRCULAR NO. 43-92
| TO | : | All Judges of the Regional Trial Courts, Shari'ah District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'ah Circuit Trial Courts |
| SUBJECT | : | Renewal of Appointments of Temporary Employees in the Lower Courts |
Pursuant to a Resolution of this Court dated April 9, 1987, all personnel of the lower courts are appointed upon recommendation of the Presiding Judges concerned. Likewise, temporary appointments are renewed upon the recommendation of the said Judges.
However, it has been noted that some Judges, despite due notice, fail to submit their recommendations two (2) months prior to the expiration of the temporary appointments of their personnel thereby causing delay in the processing and approval thereof which, in turn, delays the submission of the said appointments to the Civil Service Commission, thus disregarding Section 11, Rule V of the Omnibus Civil Service Rules quoted hereunder:
"Sec. 11. An appointment not submitted to the Commission within thirty (30) days from the date of issuance which shall be the date appearing on the face of the appointment, shall be ineffective. The appointing authority shall be liable for the salaries of the appointee whose appointment became ineffective. The appointing authority shall likewise be liable for the payment of the salary of the appointee if the appointment is disapproved because the appointing authority has issued it in violation of existing laws or rules, making the appointment unlawful."
Once a renewal appointment is disapproved by the Civil Service Commission pursuant to the above-quoted provision, the only remedy acceptable to the said Commission is for this Court to issue a new appointment to the employee concerned to be submitted to the aforesaid Commission within thirty (30) days from the date of its issuance. However, such appointment inevitably causes a gap in the service of the employee concerned even if he has actually rendered continuous service in the court.
In view thereof, and in order to avoid the disapproval of renewal appointments due to late submission to the Civil Service Commission, henceforth, in the absence of a recommendation to the contrary, a renewal appointment shall be automatically issued by this Court to an employee one month before the expiration of his temporary appointment. However, such temporary appointment may be terminated anytime upon the recommendation of the Judge concerned based on valid and reasonable grounds.
For the information and guidance of all concerned.
August 13, 1992.
(SGD.) ERNANI CRUZ PAÑOCourt Administrator
Cite This Law
Renewal of Appointments of Temporary Employees in the Lower Courts, OCA Circular No. 43-92, Aug 13, 1992 (Philippines)
Renewal of Appointments of Temporary Employees in the Lower Courts, OCA Circular No. 43-92 (Phil. 1992)
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