Title
Temporary Appointments by the President
Law
Commonwealth Act No. 588
Decision Date
Aug 12, 1940
Commonwealth Act No. 588 grants the President of the Philippines the authority to make temporary appointments in certain public offices when the regular incumbent is unable to perform their duties or in case of a vacancy, with limitations on the duration of the temporary designation.

Authority to designate temporary officers

  • Section 1 authorizes the President to make temporary designations notwithstanding any provision of existing law to the contrary.
  • When an officer in the Executive Department cannot perform the duties of the office due to illness, absence, or other cause, the President may designate another officer already in the service or any other competent person to act temporarily.
  • In case of vacancy in the office, Section 1 allows the President to designate another officer or competent person to act temporarily.
  • The President’s temporary designation is limited to acting temporarily in the specified office.

Pay and compensation rules

  • A temporary officer must receive the compensation corresponding to the regular incumbent for the period of temporary incumbency.
  • Compensation for the temporary officer is paid out of the appropriations for the office concerned.
  • If the temporary officer is already in the Government service, the temporary officer receives only such additional compensation as will not exceed the salary authorized by law for the position filled when combined with the existing salary.
  • Compensation entitlements apply during the period of temporary incumbency under Section 1.

Vacancy limit for covered appointment types

  • Section 1 provides a special limit for vacancies in offices whose regular incumbents are appointed by the President with the consent of the Commission on Appointments of the National Assembly.
  • For those covered vacancy situations, the President’s temporary designation and any other designation to the same office during the vacancy must in no case continue beyond the date of the adjournment of the regular session of the National Assembly next following such designation.
  • The vacancy limitation applies specifically to the duration of temporary designations made during the period of such vacancy under Section 1.

Duration and legal operation

  • Temporary acting authority exists only during the period of temporary incumbency recognized by Section 1.
  • The maximum duration for certain vacancy cases is governed by the adjournment date specified in the proviso of Section 1.
  • The Act’s operative effect begins upon its approval under Section 2.

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