Public Office Plant Positions: Holders, Substitutes, Surrogates

Posted on Mar 31, 2025 in Law & Jurisprudence

Public Office Plant Positions Explained

Public office positions can be categorized, with one type being Plant positions. These represent the set of permanent positions legally assigned to each institution, forming a permanent staff structure (e.g., managerial, professional, administrative, technical assistants).

Individuals holding these Plant positions can be classified as:

Types of Plant Position Occupants

Holders

Officials appointed to fill a vacant office permanently.

Substitutes

Officials designated to fill vacant positions temporarily or positions where the holder is absent for a significant period (e.g., 15 days or more).

Surrogates

Officials who automatically assume duties by operation of law when the primary officer is unable to perform them.

Substitute Characteristics

  1. A substitute is entitled to the remuneration of the office served if the position is vacant or the holder is not eligible for compensation.
  2. If the substitution fills a vacancy, it cannot exceed six months. After this period, a permanent holder must be appointed.
  3. The substitution can be performed by an existing service officer or an external individual.
  4. Substitution requires a formal appointment act (e.g., decree or order).
  5. Whoever serves as a substitute possesses all the powers, privileges, and rights associated with the position.
  6. A substitution can end at any time upon the appointment of a holder, unless a specific term was defined in the appointment act.

Surrogate Characteristics

  1. Assuming the role is a duty for the designated officer; refusal is generally not permissible when subrogation operates fully by law.
  2. Subrogation is not a form of appointment but a replacement mechanism triggered automatically by law, requiring no specific order.
  3. For subrogation to occur, there must be a hierarchical relationship (top-down) between the involved officers.
  4. Subrogation operates within the same service or department; it does not occur between officials of different agencies.

Comparison: Substitutes and Surrogates

Similarities

  1. Both are replacement mechanisms ensuring the continuity of public service when a holder is absent or the office is vacant.
  2. Both roles are transitional, ending when the incumbent returns or a permanent holder is appointed to the vacancy.
  3. In both cases, the individual assumes the position with the same rights and obligations as the incumbent.
  4. Both Substitutes and Surrogates operate within the framework of Plant positions.

Differences

  1. Substitution requires a formal appointment instrument, whereas subrogation occurs automatically by operation of law.
  2. Subrogation typically occurs between officials within the same service where a hierarchical relationship exists; substitution is more flexible regarding the appointee’s origin.
  3. Subrogation, being inherently transitional by law, has no defined maximum term, unlike substitution for a vacancy (limited to 6 months).
  4. A Substitute is generally entitled to the compensation of the position they fill. A Surrogate usually continues to receive the remuneration of their own permanent office.