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Name of Teacher

Position
Address
Address
Date of Letter (13 June 2016)

ADDRESSEE
Position
Company/Municipality
Office Address

Dear Mr./Ms. (Name of Addressee):


Thank you for taking the time to read and consider this letter of appeal. As you may know, I have
been notified that my Job Order as Special Science teacher I, appointed since 9 November 2010,
will end as of (date of Termination).

In line with this, I purposely seek for your consideration to this appeal, including the following
enumerated cases that I humbly forward to you for review. I have worked for the Office of the
Mayor - Pasig City Science High School for six (6) years and consistently received good
performance evaluations. The following points of consideration are as follows:

ON THE ABSENCE OF DUE PROCESS:


1. It has been a ruling that Casual employees of the Civil Service Commission does not
enjoy a security of tenure and may be dismissed without a cause. However, this ruling
has been overturned in the case of PCSO vs. Lapid decided by the Supreme Court En
Banc (G.R. No. 191940, 12 April 2011). According to PCSO vs. Lapid:
x x x. Even a casual or temporary employee enjoys security of tenure and
cannot be dismissed except for cause enumerated in Sec. 22, Rule XIV of
the Omnibus Civil Service Rules and Regulations and other pertinent laws.
[Emphasis Supplied]
Despite this new ruling on casual employees, it is not the intention of the Court to make
the status of a casual employee at par with that of a regular employee, who enjoys permanence
of employment] The rule is still that casual employment will cease automatically at the end of the
period unless renewed as stated in the Plantilla of Casual Employment. Casual employees may
also be terminated anytime though subject to certain conditions or qualifications with reference to
the abovequoted CSC Form No. 001. Thus, they may be laid-off anytime before the expiration of
the employment period provided any of the following occurs: (1) when their services are no
longer needed; (2) funds are no longer available; (3) the project has already been
completed/finished; or (4) their performance are below par.
Equally important, they are entitled to due process especially if they are to be removed
for more serious causes or for causes other than the reasons mentioned in CSC Form No.
001. This is pursuant to Section 2, Article IX(B) of the Constitution and Section 46 of the Civil
Service Law. The reason for this is that their termination from the service could carry a penalty
affecting their rights and future employment in the government.

2. Further, the Constitution guarantees an employees right, regardless of the status, to due
process, to wit:
Section 3(2), Article XIII of the Constitution guarantees the rights of all workers not just
in terms of self-organization, collective bargaining, peaceful concerted activities, the right
to strike with qualifications, humane conditions of work, and a living wage but also
to security of tenure. Likewise, Section 2(3), Article IX-B of the Constitution provides
that no officer or employee of the civil service shall be removed or suspended
except for cause provided by law. Apparently, the Civil Service Law echoes this
constitutional edict of security of tenure of the employees in the civil service.
Thus, Section 46 (a) of the Civil Service Law provides that no officer or employee in
the Civil Service shall be suspended or dismissed except for cause as provided by
law after due process. (PCSO vs. Lapid)
I respectfully believe that I was not granted due process, or the purpose behind the non-renewal
of my contract. I sincerely appeal for the servicing of my rights as granted by the laws.
ON THE PROTECTION UNDER THE MAGNACARTA FOR TEACHERS:
1. Besides the notice of non-renewal of the contract, I want to respectfully forward the
concern of my status of six (6) years of teaching with reference to Republic Act 4670, to
wit:
Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured
the teachers as provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a provisional
status for lack of necessary civil service eligibility shall be extended permanent
appointment for the position he is holding after having rendered at least ten years of
continuous, efficient and faithful service in such position.
I believe that as a LET passer and a professional who already acquired substantial experience in
the field of the academe, my status as a Special Science Teacher I should be put into the primacy
of considerations, considering the length of my faithful and quality service to the Office of the
Mayor Pasig City Science High School. I am thankful enough to have been part of this vision
and appointment from the Mayors office, as well as the protection provided for us, as a public
school teacher, in R.A. 4670 or the Magna Carta for Public School Teachers.
As I close my sincere appeal to your good office to reconsider my termination, I do not believe
that I have been given an adequate opportunity to know the cause behind the non-renewal of my
contract, a right which the law, through jurisprudence, graciously gave to employees in my level. I
also believe that the Magna Carta for Public School Teachers should be included in the process
of this reconsideration or decision to terminate my services to the honorable Office of the Mayor.

I would like the opportunity to discuss my situation. Please let me know when you are available,
or any other process that I need to fulfill or execute to have this appeal to prosper. I am willing to
ask assistance from a legal representative in my behalf if deemed necessary.

Sincerely,

Name of Appellant

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