Civil Service Rules for Part-Time Faculty in Philippine State Universities

Civil Service Rules for Part-Time Faculty in Philippine State Universities

(A practitioner’s guide in the Philippine context)


I. Constitutional and statutory anchors

  1. 1987 Constitution, Art. IX-B (Civil Service):

    • All SUCs (state universities and colleges) are government instrumentalities; their personnel—including faculty—are covered by the civil service.
    • The Civil Service Commission (CSC) has oversight on entry, tenure, discipline, and standards of public officers and employees.
  2. Higher Education Modernization Act (RA 8292):

    • Vests governing boards (GBs/BORs/BOCs) of SUCs with authority to create, abolish, and reclassify positions, fix compensation within national standards, and approve policies on full-time and part-time engagementssubject to CSC, DBM, CHED, and general laws.
  3. General Appropriations Acts (annual) & DBM rules:

    • Control funding, Personal Services (PS) ceilings, and when SUCs may hire plantilla (PS-funded) or non-plantilla (MOOE-funded) teachers (e.g., substitutes, adjunct/part-time).
  4. CSC Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), as revised:

    • Governs types of appointments, publication, recruitment, qualification standards (QS), and status/tenure—applicable whether the faculty load is full-time or part-time.
  5. CHED/Professional regulations & SUC internal codes:

    • CHED sets minimum academic qualifications and quality assurance standards; SUC codes and collective bargaining agreements (CBAs) further operationalize part-time teaching rules consistent with national law.

II. What “part-time faculty” means in SUCs

“Part-time” in SUCs refers to teaching personnel whose assigned teaching load is below the standard full-time load prescribed by the SUC (often measured in teaching units/contact hours/FTE). Part-time status addresses enrollment swings, specialized courses, sabbaticals, or industry-practitioner inputs.

Key distinction:

  • Part-time describes workload, not automatically tenure. A faculty member may be part-time with a valid civil service appointment (and thus a government employee), or may be engaged without an appointment under Contract of Service/Job Order (COS/JO)—the latter are not civil service employees and are outside the usual benefits and tenure regime.

III. Permissible engagement pathways

  1. With Civil Service appointment (covered by CSC):

    • Temporary (most common for part-time): used when QS are only partially met (e.g., ongoing master’s), or the position is time-bound.
    • Contractual (PS-funded, time-specific): for projects/time-certain needs where QS are met but tenure is not intended.
    • Substitute: to replace an incumbent on leave.
    • Permanent part-time appointments are generally exceptional in SUCs; plantilla faculty are typically full-time. Where allowed, they require DBM-approved part-time plantilla items and strict CSC compliance.

    Consequences: Appointees are civil servants—they take an oath, are subject to the Code of Conduct (RA 6713), enjoy pro-rated benefits, and are covered by due process in discipline.

  2. Without Civil Service appointment (not covered—COS/JO):

    • Used when hiring is MOOE-funded, time-bound, and “job-based” (i.e., to deliver specific teaching hours).
    • COS/JO personnel do not hold government positions; they do not acquire civil service status or security of tenure and generally do not receive government-mandated leave, step increments, or GSIS (they enroll in SSS/PhilHealth/Pag-IBIG under separate rules).
    • Still subject to COA audit, DBM/CSC joint circulars, SUC procurement/budget controls, and workplace rules.

Practice pointer: If the role is part of the SUC’s regular mandate (teaching) and lasts beyond short periods, CSC/DBM generally expect PS-funded, appointed positions when fiscally feasible. Frequent COS/JO for recurring teaching may draw audit scrutiny.


IV. Appointment mechanics (when CSC-covered)

  1. Position creation/classification:

    • The SUC GB creates a faculty item (e.g., Instructor I) with DBM-approved salary grade. Whether the workload is full-time or part-time must align with the authorized item and funding.
  2. Publication & recruitment:

    • Mandatory posting via CSC systems and SUC channels, with clear QS and whether the load is part-time. Exceptions (e.g., substitute) are narrowly construed.
  3. Qualification standards (QS):

    • Typically require requisite degrees (e.g., master’s for Instructor I, higher for professorial ranks under SUC NBCs), experience, and eligibility.
    • Eligibility: Faculty positions in SUCs are not DepEd “Teacher” items; board/PRC license is needed where the discipline is licensed (e.g., engineering), otherwise CSC Professional or special eligibilities/QS substitutes apply per CSC guidance and SUC NBCs.
    • English/Filipino proficiency, pedagogy, and scholarly outputs may be ranking metrics.
  4. Selection & ranking:

    • Merit selection via SUC HRMPSB/MSB; points systems (e.g., NBC 461-type) often guide ranking even for part-time loads.
  5. Issuance of appointment:

    • Nature (temporary/contractual/substitute), time period, salary grade/step, and workload (units/hrs/week) must be explicit.
    • Take oath; assume duty; reporting and HR records follow CSC format.

V. Workload, load limits, and multiple employment

  1. Teaching load calibration:

    • SUCs equate contact hours/units to Full-Time Equivalent (FTE). Part-time loads typically range from 3 to 12 units per term, but the exact cap is SUC-specific.
    • Overload for full-time faculty is distinct from part-time appointment; avoid double-counting toward FTE ceilings.
  2. Government employees teaching part-time in SUCs:

    • Under civil service moonlighting/conflict-of-interest rules, a government employee may teach outside regular office hours with head-of-agency written authority, no conflict with official duties, and within reasonable hour caps set by the SUC/agency.
    • Compensation must comply with one-salary limitation and no double compensation for the same time. Teaching during an employee’s official hours requires approved leave/flexitime.
  3. Private-sector practitioners as part-time faculty:

    • Allowed, subject to conflict-of-interest, intellectual property and outside employment declarations. For professions with PRC regulation, maintain active license and good standing.

VI. Compensation and benefits

A. With CSC appointment (PS-funded)

  • Salary: Based on the salary grade of the faculty item, pro-rated to actual load if the item or appointment authorizes part-time service; or hourly rate where DBM allows.

  • Premiums & differentials: Night, overload, or laboratory rates only if expressly authorized by SUC policy and budget.

  • Benefits (pro-rated):

    • GSIS, PhilHealth, Pag-IBIG, mid-year/Year-end bonus, PERA/ACA, step increments, longevity, clothing, etc., pro-rated to service/compensation per DBM issuance.
    • Leave credits: Sick/Vacation leave accrue pro-rata for part-time appointed personnel; usage follows SUC leave rules.
  • Security of tenure: Tied to the appointment nature (temporary/contractual/substitute). Part-time load alone does not bar due process protections.

B. Without CSC appointment (COS/JO; MOOE-funded)

  • Pay: Hourly/clock-hour or per-unit, as stated in the service contract; no salary grade.
  • Benefits: Generally no GSIS leave/bonuses; enroll in SSS/PhilHealth/Pag-IBIG as private contributors.
  • Status: No civil service tenure; separation follows contract terms and labor standards for COS/JO (distinct from government employment).

Tip: Clearly document rate computation (units × hours × rate), class schedules, and deliverables to withstand audit.


VII. Duties, academic rules, and performance

  • Core duties: Course delivery, assessment, consultation hours (scaled to load), grade submission, and compliance with SUC academic calendar and quality assurance.

  • Research/extension: Usually not mandatory for part-timers unless required by the unit or explicitly contracted.

  • Performance management:

    • CSC-covered appointees enter the SPMS cycle (targets scaled to load).
    • COS/JO follow output-based evaluation under the service contract.
  • Training & CPD: SUCs may require faculty development; PRC-regulated fields must satisfy CPD for license renewal.


VIII. Conflicts of interest, ethics, and conduct

  • RA 6713 (Code of Conduct): Applies to civil servants (including part-time appointees). Requires declarations, no acceptance of gifts, and bars preferential treatment.
  • Institutional conflicts: Disclosure if teaching involves own company’s products, consulting with students’ employers, or grading relatives (anti-nepotism).
  • Use of government resources: For official classes only; outside engagements must not misuse SUC facilities unless contracted/authorized.

IX. Intellectual property, materials, and data

  • Course content: Ownership and licensing follow SUC IP policies—often joint or institutional ownership for works created within assigned duties or using substantial SUC resources; otherwise, creator retains rights subject to a teaching license to the SUC.
  • Student data: Protected by the Data Privacy Act; part-time faculty must follow privacy and records rules.

X. Discipline, due process, and termination

  • CSC-covered appointees: Subject to administrative discipline under CSC rules (notice-answer-hearing-decision), with appeal to the CSC and, ultimately, the courts. Termination of temporary/contractual appointments still requires lawful cause (e.g., expiration, abolition, loss of funding, or cause with due process).
  • COS/JO: Governed by contract terms and COA/DBM/CSC joint issuances; administrative cases under CSC generally do not apply, but SUC may blacklist or cancel for breach. Criminal/civil laws remain applicable.

XI. Union, CBA, and academic freedom considerations

  • Academic staff unions and CBAs (where present) may set more specific load caps, preference rules, pay scales, and evaluation for part-time faculty—so long as consistent with law and budget rules.
  • Academic freedom (1987 Constitution) empowers SUCs in curriculum, standards, and faculty selection, but cannot override CSC/DBM legal constraints.

XII. Practical compliance checklist for SUCs

  1. Decide engagement track: PS-funded CSC appointment vs COS/JO—justify with funding source and duration/necessity.
  2. Publish and rank (if appointing); document QS and selection.
  3. Spell out load (units/hrs), schedule, rate computation, and duration in the appointment/contract.
  4. Secure approvals: teaching by outside government employees or SUC employees with other work.
  5. Enroll benefits correctly: GSIS/leave for appointees (pro-rated); SSS/PhilHealth/Pag-IBIG for COS/JO.
  6. Onboard to policies: grading deadlines, privacy/IP, classroom conduct, consultation hours, and SPMS/contract evaluation.
  7. Monitor caps: FTE ceilings, overload limits, and budget utilization; avoid chronic COS/JO for perennial courses.
  8. Maintain records: syllabi, class logs, grade books, and deliverables; prepare for COA/CSC audits.

XIII. Frequently encountered issues (and how to handle them)

  • “Can we make someone permanent but part-time?” Rare and generally discouraged unless a DBM-authorized part-time plantilla item exists and CSC requirements are all met. Most SUCs use temporary/contractual for part-time loads.

  • “Can a full-time government employee teach 9 units on weeknights?” Yes, conditionally: written authority from the parent agency head; no conflict with official hours; SUC load cap respected; no double compensation for overlapping time.

  • “Do part-time appointees get leave and bonuses?” If CSC-appointed and PS-funded: pro-rated leave and bonuses. If COS/JO: generally no (private-sector style contributions apply).

  • “Must college faculty have a PRC license?” Only if the discipline is PRC-regulated (e.g., engineering, architecture, accountancy). Otherwise, follow SUC QS (usually advanced degree) and CSC eligibility rules/exemptions.


XIV. Bottom line

  • Civil service coverage depends on engagement mode:

    • Appointed part-time faculty = civil servants with pro-rated benefits and due process.
    • COS/JO part-time lecturers = contractors, not civil servants, with contract-based rights.
  • SUCs must align BOR policies, CSC rules, CHED standards, and DBM funding. Clear documentation, correct classification, and transparency on load and compensation are the keys to lawful, auditable part-time faculty engagements.


Disclaimer

This article summarizes governing principles in the Philippine public sector context. Specific SUC policies, CBAs, and the most recent CSC/DBM/CHED issuances may refine details. For a concrete case (e.g., crafting a contract or appointment), harmonize with your SUC’s latest HR and finance circulars.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.