QuestionsQuestions (CSC MEMORANDUM CIRCULAR NO. 32-94)
It amends the last paragraph of Item 4(6) of Section II of MC No. 38, s. 1993 (on the employment status of teachers), changing the rule on the effectiveness period and termination of temporary/provisional teachers.
Appointments of teachers under temporary and provisional status are effective not beyond the school year during which the appointment was issued.
Even if they are appointed for the school year (subject to not beyond the school year), the services of temporary or provisional teachers may be terminated at any time by the appointing authority.
The appointing authority may terminate their services as soon as applicants who fully meet the minimum educational qualifications or who are registered teachers (as applicable) are actually and immediately available.
It implies that qualified applicants must be present and ready to assume the teaching position immediately, not merely presumed or future applicants.
The circular provides for termination once either category becomes actually and immediately available: (1) applicants fully meeting the minimum educational qualifications, or (2) registered teachers, “as the case may be.”
It creates an express authority for early termination even during the school year, overriding any expectation that temporary/provisional status guarantees service until year-end.
No. It expressly allows termination “at anytime” once qualifying applicants are actually and immediately available.
It indicates that termination should occur promptly upon the arrival/availability of qualified applicants, rather than after a delay.
Applicants who fully meet these minimum educational qualifications are considered the basis for termination of temporary/provisional teachers when they are actually and immediately available.
In cases where being a registered teacher is the relevant qualification (“as the case may be”), their actual and immediate availability triggers the power to terminate temporary/provisional teachers.
CSC Resolution No. 94-5337 dated September 27, 1994.
It takes effect immediately upon issuance/adoption (as stated in the circular).
It balances the need to fill teaching positions with qualified personnel while ensuring that provisional/temporary appointees do not block permanent-qualified placements once those are available.
They should (1) ensure temporary/provisional appointments are issued effective only within the current school year, and (2) if qualified applicants/registered teachers become actually and immediately available, promptly process the termination consistent with CSC rules and lawful appointment/selection procedures.