In a ruling that balances the rights of educators with the standards of quality education, the Supreme Court affirmed that educational institutions are not obligated to grant regular employment status to faculty members who do not meet the minimum academic qualifications set by law, specifically the Manual of Regulations for Private Higher Education (MORPHE). Even if a school previously treated unqualified faculty as regular employees, it is not legally bound to continue this practice. This decision underscores that compliance with educational standards takes precedence over previously granted, but legally infirm, employment statuses, ensuring that higher education institutions maintain quality by adhering to established qualification requirements.
When Prior Practice Collides with Current Regulations: Examining Faculty Status at STI Education
The case of Luningning Z. Brazil, Salvacion L. Garcera, and Rita S. De Mesa v. STI Education Ser. Group, Inc. (G.R. No. 233314, November 21, 2018) revolves around the employment status of faculty members at STI. The petitioners, Brazil, Garcera, and De Mesa, were long-time faculty members at STI-Legazpi. They filed a complaint for illegal constructive dismissal after STI offered them contracts that altered their employment status, which they believed was already regular. The core legal issue is whether STI could legally offer these altered contracts based on the faculty members’ failure to meet the academic qualifications mandated by the 2008 MORPHE, despite having previously treated them as regular employees.
The petitioners argued that they had been constructively dismissed when STI offered them new contracts reflecting a change in their employment status. Brazil and De Mesa were offered part-time positions, while Garcera was offered a probationary role, despite their understanding that they were already regular employees. They based their claim on the fact that they had been teaching at STI for several years, receiving benefits akin to those of regular employees, and in some instances, being explicitly recognized as such by the institution. However, STI contended that the petitioners did not possess the master’s degrees required for regular faculty status under the 2008 MORPHE. Because of this, the school argued it was compelled to offer them contracts that aligned with their qualifications, or lack thereof, under the existing regulations. Their refusal to sign these contracts, according to STI, led to a separation of service, not an illegal dismissal.
The Labor Arbiter (LA) initially ruled in favor of the petitioners, declaring them regular employees who had been illegally dismissed. The LA reasoned that the 2008 MORPHE should not retroactively strip faculty members of a regular status already attained. However, the National Labor Relations Commission (NLRC) reversed this decision, ultimately siding with STI. The NLRC emphasized that Brazil and De Mesa did not meet the master’s degree requirement under MORPHE, which disqualified them from attaining regular status. Although Garcera had obtained her master’s degree, it was only shortly before the new contracts were offered, thus justifying her probationary status. The NLRC cited the case of University of the East, et al. v. Pepanio, et al., stating that regularization against public policy cannot be upheld.
The Court of Appeals (CA) affirmed the NLRC’s decision, finding no grave abuse of discretion. The CA agreed that the petitioners’ refusal to sign the contracts, which were compliant with the 2008 MORPHE, resulted in their separation from service. The Supreme Court, in upholding the CA’s ruling, underscored that equity cannot override the explicit provisions of the law. The court emphasized that the nature of employment is determined by law, not by private contracts or agreements that contravene legal requirements. This is consistent with the principle articulated in Villa v. NLRC, which states that “the nature of employment is determined by the factors set by law, regardless of any contract expressing otherwise.” Thus, despite any prior arrangements or understandings, the petitioners’ employment status could not be regularized if they did not meet the standards set by the 2008 MORPHE.
The Supreme Court cited Raymond A. Son, et al. v. University of Santo Tomas (UST), et al. (G.R. No. 211273, April 18, 2018), a similar case where faculty members without the required master’s degrees claimed regular status based on a Collective Bargaining Agreement (CBA). In Son, the Court ruled that the CBA provision was null and void for violating the 1992 MORPS. The Court further held that UST’s continued hiring of unqualified teachers did not create a right to regularization for those teachers. Applying the principle of pari delicto, the Supreme Court held that neither party could claim relief because both were in violation of the law. Extending this reasoning, the Supreme Court in Brazil likewise rejected the argument that STI was estopped from enforcing MORPHE because it had previously granted the teachers regular status. According to the Court, estoppel cannot validate an act that violates the law or public policy.
In analyzing the nature of employment for faculty members, the Court clarified the distinction between full-time/part-time status and permanent/probationary/fixed-term status. The former categorization depends on academic qualifications and teaching load, while the latter relates to security of tenure. The court referenced Section 45 of the 1992 MORPS which states that “Full-time academic personnel are those meeting all the following requirements: Who possess at least the minimum academic qualifications prescribed by the Department under this Manual for all academic personnel.” The Court affirmed that only full-time faculty members, those meeting the minimum qualifications, can achieve permanent status after a probationary period. Part-time faculty members, lacking the necessary qualifications, are considered fixed-term employees without security of tenure. The court held that the petitioners were part-time faculty with a fixed-term status because they were hired on a semestral basis and did not possess the required master’s degrees.
This ruling carries significant implications for faculty members in higher education institutions. It reinforces the importance of meeting the minimum academic qualifications prescribed by the Commission on Higher Education (CHED). Faculty members who do not possess the required qualifications cannot claim security of tenure, regardless of prior arrangements or practices. This decision also protects the integrity of educational standards by ensuring that institutions prioritize qualified educators, aligning with the State’s policy to promote quality education. Ultimately, this ruling confirms that laws and regulations governing educational standards supersede internal policies or practices that may have previously conferred benefits inconsistent with those standards.
FAQs
| What was the key issue in this case? | The key issue was whether STI could legally alter the employment status of faculty members who did not meet the academic qualifications mandated by the 2008 MORPHE, even if the school had previously treated them as regular employees. |
| What is the 2008 MORPHE? | The 2008 Manual of Regulations for Private Higher Education (MORPHE) is a set of guidelines implemented by the Commission on Higher Education (CHED) that prescribes the standards and regulations for private higher education institutions in the Philippines. It includes provisions on faculty qualifications, teaching loads, and employment status. |
| What are the minimum qualifications for full-time faculty under the 2008 MORPHE? | Under Section 35 of the 2008 MORPHE, the minimum qualification for undergraduate programs is a master’s degree in the field in which the faculty member primarily teaches. In specific fields where there is a scarcity of master’s degree holders, a holder of a professional license requiring at least a bachelor’s degree may be qualified to teach. |
| Can a faculty member who does not meet the minimum qualifications attain regular or permanent status? | No. Section 117 of the 2008 MORPHE states that academic teaching personnel who do not possess the minimum academic qualifications prescribed in the manual are considered part-time employees and cannot avail themselves of the status and privileges of probationary employment, and therefore, cannot acquire regular or permanent status. |
| What is the difference between full-time and part-time faculty? | Full-time faculty members meet all the minimum academic qualifications prescribed under the MORPHE, are paid monthly or hourly based on regular teaching loads, devote at least eight hours of work a day to the school, and do not have other remunerative occupations requiring regular hours of work. All other faculty members are considered part-time. |
| What is a fixed-term employment contract for teachers? | A fixed-term employment contract is an agreement where employment exists only for a specified duration, ending automatically when the term expires. The Supreme Court has upheld the validity of fixed-term contracts for teachers, provided the agreement is made knowingly and voluntarily, without force or duress. |
| Does non-renewal of a fixed-term employment contract equate to illegal dismissal? | No. Under a fixed-term employment, the employer-employee relationship is severed upon the expiration of the term without the necessity of any notice to the employee. Non-renewal of the contract does not constitute dismissal, and there is no security of tenure in a fixed-term employment. |
| What happens if an educational institution previously granted regular status to unqualified faculty? | The Supreme Court held that such a prior practice does not prevent the institution from complying with current laws and regulations, such as the MORPHE. Estoppel cannot be invoked to validate an act that violates the law or public policy, and the institution is not legally bound to continue the irregular practice. |
The Supreme Court’s decision in Brazil v. STI provides clarity on the employment rights and qualifications of faculty members in higher education. By prioritizing compliance with educational standards and regulations, the ruling strengthens the integrity of the educational system and ensures that institutions adhere to prescribed qualifications. This ultimately benefits students and the public by ensuring quality education from qualified teaching personnel.
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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Brazil vs. STI, G.R. No. 233314, November 21, 2018