Question issue in Renewal of temporary appointment

Good day po!

On February 2019, my request for the renewal of my temporary status was denied. Their only reason for denying my request was the provision in the CSC 25, 2017 stating that renewal of temporary status is only limited for 5 times. From that point until Aug. 2020, I'm reverted to a contract of service faculty. Last year, I was inform by a certain official that the Human resources office ay mali po sa interpretation nung provision of the CSC 25. 2017. the recokning period of the said circular will start only from 2017. So it means, on the year 2019, I'm still qualified for the renewal of my temporary status.
Ngayon po, I was inform that I will not be included in the NBC evaluation covering 2016-2019 because of that point I am COS and my GSIS premiums from the previous years ay nacut din.
Inquire lang po sana ako kung anu pwede kong gawin tungkol dito.
Thank you in advance.

Good day,

Please be informed that as a matter of policy, the Commission does not render an opinion or advice on issues that may eventually be the subject of a complaint or appeal before it.

Nevertheless, pertinent are Sections 9 and 10, Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions, as amended (2017 ORA-OHRA) which read as follows:

“Sec. 9. Employment Status. xxx

xxx

“b. Temporary — an appointment issued to a person who meets the education, experience and training requirements for the position to which he/she is being appointed to, except for the appropriate eligibility. A temporary appointment may only be issued in the absence of a qualified eligible actually available who is willing to accept the appointment, as certified by the highest official in charge of human resource management. The appointment shall not exceed twelve months, reckoned from the date it was issued but the appointee may be replaced sooner if a qualified eligible who is willing to accept the appointment becomes actually available.

xxx

“When there are no available qualified faculty in the region, place or locality, as certified by the appointing officer/authority, temporary appointments maybe issued until the required Master’s degree is met/complied with.

“The renewal of temporary appointment shall be limited to five (5) times only reckoned from the effectivity of CSC Memorandum Circular No. 25, s. 2017.”

“Sec. 10. Employment Status of Teachers. The employment status of teachers to any teaching position shall be any of the following:

xxx

“c. Temporary – an appointment issued to an appointee who meets all the requirements of the position except the education but only in the absence of applicants who possess the minimum educational qualification, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal).

xxx


As the foregoing provisions provide, temporary appointments “maybe issued until the required Master’s degree is met/complied with”. Clearly, the five (5) years renewing period was given in order for the appointee to meet/comply the Master’s degree requirement for permanent appointment.

You should also take note that the provisions provide that the appointment “MAY” be subject to reappointment. Hence, the option to renew the temporary appointment, which is discretionary in nature is lodged on the appointing authority.

The best option in your situation is to comply with the Qualification Standards of your desired position to secure a permanent status.

We hope we have clarified the matter raised in your letter.

CSC Action Officer