An instructor of the Bohol State University (BISU) got his walking papers in an apparent case of whistle blower retaliation even as the Civil Service Commission (CSC) gave the chairperson of the BISU Board of Regents five days to address a complaint involving the manner of hiring faculty members in the state university.
Ryan Gases was terminated upon orders by Elpidio Magante, President of BISU after his “emergency services” are no longer needed and “he will not be hired as instructor effective 2nd semester”.
Gases blew the lid on the status of employment of instructors hired by BISU on a contract of service or “COS” basis that has caused the demoralization of hundreds of instructors for lack of security of tenure.
A letter of inquiry addressed to Magante and Dr. Vicente Barbarona, Administrative Officer V, Human Resources Management Office about the university’s hiring policy apparently triggered; his termination.
Efforts to contact Magante for comments proved futile.
Instead of answering Gases query, Magante issued Memorandum Order No. 275 series 2015 on October 17, 2015 under the subject “Quantum Meruit of Mr. Ryan M. Gases.
Quantum Meruit is a latin term literally jmeaning “as much as he deserves” and defined as a legal doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
Gases who is a Bachelor of Laws graduate of Holy Name University told the Chronicle that he signed a contract and was assigned a teaching load of 33 units spread out to 11 sections with an average attendance of 40 students.
“But the contract was not signed by three of the five signatories but was paid my salary despite the absence of a contract when I started complaining about the non payment of my salary for June, July and August”, said Gases.
Gases wrote Dr. Freddie Bernal, Regional Director of the Commission on Higher Education about the salary delay saying “it is apparent that they are withholding the release of my salary as a means to harass me because of the letter of inquiry that I have filed”.
A BISU instructor under a COS arrangement is paid at the rate of P450 per day with a maximum teaching overload of ten hours a week at the rate of P105.00 per hour.
Magante also directed Nelson Patena, Campus Director and Professor Ambrosio Orillos, Dean of the College of Technology and Allied Sciences (CTAS) both of the BISU-Main Campus to implement the termination order and “abide faithfully so that you will not be dealt with administratively”.
Patena and Orillos, under threat of administrative sanctions by Magante implemented the order terminating Gases effective the start of the 2nd semester.
The order of Magante also stipulated that all official records including daily time records, grading sheets of students and accomplishment reports “shall be duly accomplished and properly submitted before releasing the full payment of the remaining actual services rendered by Mr. Ryan Gases”.
Gases was dismayed by Magante’s claim of “emergency services” considering that two instructors have resigned leaving a vacancy of three instructors that are now hastily filled up by vocational teachers forced to handle academic subjects to remedy the lack of qualified instructors.
Gases teaches Ethics, Human Resource and Personality, Government History and Constitution ten hours a day or fifty hours a week – Monday to Friday.
Implemented by BISU on 2012, CSC MC 17 s. 2002 on Policy Guidelines for Contract of Services recognized that contracts of services and job orders are not considered as government service but admits that these type of services “has been used to circumvent Civil Service rules and regulations particularly its mandate of merit and fitness.
Also, CSC MC 17 s. 2002, instructors under COS are not entitled to the additional compensation allowance (ACA), personnel economic relief allowance (PERA), representation and transportation allowance (RATA), mid-year, productivity, incentive and christmas bonuses including cash gifts.
Overall, 37 non-tenured instructors now account for half of the teaching staff of CTAS with seventeen instructors holding permanent positions and nine issued with casual appointments. (Chito M. Visarra)