Pursuant to Section 31, Chapter 5, Title I, Book V of Executive Order No. 292 and Civil Service Commission Resolution No. 972131, dated March 25, 1997, personnel of the Department who desire to take bar or board review classes and examination, thesis/dissertation writing or to complete the requirements for a comprehensive non-thesis post-graduate program may avail themselves of the study leave on official time with salaries and applicable emoluments for a period not exceeding six (6) months.

To qualify, the applicant must satisfy the following requirements:

1. The applicant must file his or her application, addressed to the Secretary and duly endorsed by the office or unit head, bureau or service director concerned and recommended for approval by the Personnel Development Committee. Attached to said application is a certification as to the actual duration of the review classes or thesis/dissertation writing duly signed by the head or responsible officer of the review school or institution;

2. Must be a permanent employee with at least five (5) years of service in the Department;

3. Must not have a pending administrative or criminal case;

4. Must have a Very Satisfactory rating for the last two (2) rating periods prior to the application.

5. Has no pending nomination to any local or foreign scholarship grant;

6. Must be of good health;

7. Shall not engage in any gainful employment other than that of the DOE while his/her study leave is in effect.

Further, the applicant/grantee shall be subject to the following conditions:

The grantee is obliged to serve the Department with the corresponding periods after the study leave for the review classes for bar/board examination, thesis/dissertation writing or that used to complete the requirements for a comprehensive non-thesis post graduate program, indicated as follows:

Duration of Study Leave Service Obligation Less than 2 months 6 months 2 months but less than 6 months 1 year 6 months 2 years

2. The grantee should take the board or bar examination immediately after the review class.

3. In the case of thesis/dissertation writing, the grantee is required to defend his/her thesis or dissertation within one (1) year from the last day of the period of the study leave.

4. The grant of study leave shall be availed of at one time only by an official or employee.

5. The head of the division or unit should see to it that office functions shall not be disrupted, hence, availing oneself of study leave under this Order should be properly scheduled among the staff members.

6. The grantee is required to submit the following documents within the period indicated as follows:

a.    Within thirty (30) days after the end of the study leave, submit a report to the Secretary, copy furnished to the Human Resources Division (HRD), essentially stating (1) the fact that he/she took the bar or board review classes, classes to complete the requirements for a comprehensive non-thesis post-graduate program or wrote a thesis or dissertation for graduate or post-graduate studies; and (2) other relevant facts, related to said activities, attaching thereto, necessary papers or documents, including certificate of attendance or participation in said activities signed by the head or responsible office in the review school or institution.

b.    Within thirty (30) days from the last day of the bar/board examination, submit a report to the Secretary, copy furnished to the HRD, essentially stating that he/she took the bar or board examination.

c.    Within one (1) year from the last day of the period of his/her study leave, submit to the Secretary a copy of his/her thesis or dissertation. Within the same period, submit a report to the Secretary, copy furnished to the HRD, essentially stating that he/she made a defense of his/her thesis.

7. In case the grantee withdraws his/her study leave any time during the period of such study leave, he/she shall refund to the DOE the total salary or salaries and emoluments, if any, which correspond to the portion of the term of the study leave utilized. The grantee shall refund the amount to the DOE within one (1) month from the date of his/her withdrawal.

8. Except in clearly meritorious cases, the grantee is obligated to reimburse to the DOE an amount equal to his/her studies and emoluments received during the study leave in the event that he/she fails to perform his or her obligations as conditions required under Items 1, 2, 3 and 6 (a), (b) and (c) above. In the event, however, that he/she had served at least seventy five percent (75%) of his/her service obligation as condition under said Item 1, he/she shall refund to the DOE an amount equivalent to his/her salaries and emoluments which correspond to the portion of the period of the service obligation which was not served.

9. Condonation by the DOE of the obligations of the grantee under this Order shall be allowed in the following cases:

a.    Involuntary phase-out of the grantee in case the DOE is reorganized; and

b.    Death or permanent disability on the part of the grantee.

Any Department Order, Circular or Memorandum previously issued which are inconsistent herewith are superseded, modified or amended accordingly.

This Department Order shall take effect immediately.

Adopted: 30 Sept. 1998

(SGD.) MARIO V. TIAOQUI
Secretary