VARGAS, Soledad A.

Re: Appointment of Part-time Professors;

Compulsory Retirement Age
x--------------------------x

RESOLUTION No. 020320

Soledad A. Vargas, Director III, Bureau of Nonformal Education, Mabini Building, DECS Complex, Meralco
Avenue, Pasig City, requests opinion as to whether the prohibition on the appointment of those who have already
reached the compulsory retirement age of sixty-five (65) shall likewise apply to her being a part-time professor in the
Philippine Normal University (PNU), Taft Avenue, Manila.

In her letter-request, Director Vargas stated, as follows:

"I am Dr. Soledad A. Vargas, Director III of the Bureau of Nonformal Education,
Department of Education, UL Complex, Pasig City, who will retire on December 25, 2001
at the age of 65.

"I am a part time Professor (every Saturday with one teaching load) at the Graduate
College of the Philippine Normal University, Taft Ave., Manila under the Technology
Education, Home Economics, Health and Nonformal Education (TEHHEN) Department,
specifically teaching Nonformal Education subject, having finished my Specialization
Course in Nonformal Education from the said university. This part time teaching is with the
approval of the Department of Education xxx pursuant to the Civil Service Commission
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 (CSC) Memorandum Circular (MC) No. 5, s. 1996.

"This Second Semester of SY 2001-2002, the University is again inviting me to

teach but they are constrained to hire those who are about to retire because of a
communication xxx dated 29 April 1999 which Assistant Commissioner Adelina B.
Sarmiento sent to the President of the Leyte Normal University. In this connection, I was
advised to inquire from your good Office if the prohibition stated in the communication
covers my status."

The instant request stemmed from an opinion dated April 29, 1999 of Assistant Commissioner Adelina B.
Sarmiento, this Commission, denying the request of Dr. Cres V. Chan-Gonzaga, President, Leyte Normal University,
Tacloban City, for exemption from the prohibition on appointment of faculty members who have reached the age of
sixty-five (65).

Pertinent portions of the said opinion read, as follows:

"Section 7. Subsection (e) of Section twelve of the Act, as amended, is hereby

further amended to read as follows:

‘(e) Retirement shall be automatic and compulsory at the

age of 65 years with lump-sum payment of present value of annuity
for the first five (5) years and future annuity to be paid monthly, and
other benefits. This paragraph shall not apply to elective officials
and constitutional officers whose tenure of office is guaranteed.’

"It is clear from the foregoing provision that only elective officials and constitutional
officers are not covered by the compulsory retirement age provided by law.

"Hence, even if the retirees you referred to in your letter of October 14, 1998 are
badly needed by the Leyte Normal University for their exceptional expertise in their subject
areas for which you can not find qualified teachers, it is regretted that there is no law that
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 would allow such an exemption.

"The only exception is the hiring of compulsorily retired persons as personal and
confidential staff, which are non-career service positions. But your University can not be
granted this exception because its faculty positions belong to the career service.

"We, therefor, regret that we cannot grant your request. "

The aforequoted opinion is in consonance with the present rule on the matter found in CSC Memorandum
Circular No. 27, s. 2001 (amending and clarifying Section 12 of Rule XIII of CSC Memorandum No. 15, s. 1999)
which provides:

"Sec. 12. a) No person who has reached the compulsory retirement age of 65 years
can be appointed to any position in the government, subject only to the exception provided
under the sub-section (b) hereof.

"However, in meritorious cases, the Commission may allow the extension of service
of a person who has reached the compulsory retirement age of 65 years, for a period of six
(6) months only unless otherwise stated. Provided that, such extension may be for a
maximum period of one (1) year for one who will complete the fifteen (15) years of service
required under the GSIS Law.

xxx

"b) A person who has already reached the compulsory retirement age of 65 can still be appointed to a
coterminous/primarily confidential position in the government."

It must be emphasized, at the outset, that the prohibition on appointments of one who has already reached the compulsory
retirement age contemplated in the subject opinion and Memorandum Circular refers to regular appointments in plantilla positions, issued
in accordance with Civil Service Law, rules and regulations, and submitted to the Commission for approval.

Based on the guidelines of the PNU for the preparation of report on loads of a full-time professor, a regular load of a full-time
faculty member comprises twenty-five (25) hours of teaching load and eight (8) hours of a non-teaching load distributed in five days in a
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 given week from Monday to Saturday. One teaching load involves three (3) hours of teaching and two (2) hours of preparation, student
consultation and academic advising. PNU faculty members rendering full-time service are given regular appointments that are subject to
Civil Service Law, rules and regulations.

On the other hand, an examination of Vargas’ appointment as Professor IV (Part-time) in the PNU reveals that the same is
contained not in CS Form 33 used for regular appointments but in PNU Form 2, signed by the university’s president, by authority of the
Board of Regents, without any indication as to the intervention of the Commission. Said document provides the compensation of Vargas
which is on an hourly basis. Moreover, the said guidelines governing full-time faculty do not apply to Vargas’ appointment. Consequently,
she is only required to render service for her actual teaching schedule for which she shall be compensated accordingly.

In view of the foregoing, the Commission is convinced that the nature of the appointment of Vargas as a part-time professor is
entirely different from a regular faculty member not only in terms of time spent in actual teaching but also in terms of compensation,
benefits and conditions attached to the position. The Commission, therefore, is of the opinion that said appointment is in the nature of a
service contract, therefore not covered by the Civil Service Law, rules and regulations including the prohibition on the appointment of one
who has reached the compulsory retirement age. Thus, Vargas may again be hired as a part-time professor despite having been subjected
to compulsory retirement from the service.

WHEREFORE, the Commission hereby declares that the previous appointment of Director Soledad A. Vargas as Assistant
Professor IV (part-time) in the PNU is in the nature of a service contract and therefore not subject to Civil Service Law, rules and
regulations including the prohibition on the appointment found in Section 12 of Rule XIII of CSC Memorandum No. 15, s. 1999.
Accordingly, the Commission interposes no objection should the PNU wish to hire her under the same condition.

Quezon City, FEB 28 2002

(Signed)
KARINA CONSTANTINO-DAVID
Chairman
(Signed)
JOSE F. ERESTAIN, JR.
Commissioner

(Signed)
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 (Signed)
J. WALDEMAR V. VALMORES
Commissioner
Attested by:

(Signed)
ARIEL G. RONQUILLO
Director III

ola/fpg/kpz/x2/x11
vargas2(27)/vog
O 01-0452

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