ASG Law

Tag: CHED regulations

  • Understanding Probationary Employment for Teachers: Insights from a Landmark Philippine Supreme Court Case

    Probationary Teachers Gain Greater Job Security: A Landmark Ruling

    University of St. La Salle v. Glaraga, et al., G.R. No. 224170, June 10, 2020

    Imagine being a dedicated teacher, pouring your heart into shaping young minds, only to find your job abruptly terminated due to a misunderstanding about your employment terms. This scenario was the reality for a group of probationary teachers at the University of St. La Salle, whose plight led to a significant Supreme Court ruling in the Philippines. The case not only highlights the challenges faced by educators but also clarifies the legal protections afforded to probationary teachers under Philippine law.

    The central issue in this case revolved around the rights of probationary teachers when their fixed-term contracts are not renewed during their probationary period. The teachers, hired as full-time faculty, were shifted to part-time roles and eventually not offered any teaching load, leading them to file a complaint for illegal dismissal. The Supreme Court’s decision reaffirmed the three-year probationary period for teachers and emphasized that non-renewal of fixed-term contracts during this period constitutes dismissal, not mere expiration of probation.

    Legal Context: Understanding Probationary Employment for Teachers

    Probationary employment in the Philippines is governed by the Labor Code and specific regulations set by the Department of Education and the Commission on Higher Education (CHED). Under Article 281 of the Labor Code, probationary employment should not exceed six months, but for teachers, a special regulation applies. The CHED Manual of Regulations for Private Higher Education stipulates that the probationary period for teachers can extend up to three years, unless a shorter period is explicitly agreed upon.

    The term “probationary employment” refers to a period during which an employee is assessed for suitability for permanent employment. For teachers, this period is typically measured in academic years rather than calendar years. This distinction is crucial because it aligns with the academic calendar and the nature of teaching, which often involves fixed-term contracts corresponding to semesters or terms.

    An important case that sets precedent is Mercado v. AMA Computer College, where the Supreme Court clarified that the probationary period for teachers is three years, even if they are engaged under fixed-term contracts. This ruling ensures that teachers have security of tenure during their probationary period, meaning they can only be dismissed for just or authorized causes, not merely because their contract term has ended.

    Here’s an example to illustrate: Suppose a teacher signs a contract for a semester, but within the three-year probationary period. If the school decides not to renew the contract before the three years are up, the teacher could argue that this constitutes illegal dismissal, not just the end of the probationary period.

    Case Breakdown: The Journey of the Probationary Teachers

    The case began with the University of St. La Salle hiring Josephine L. Glaraga and other respondents as probationary full-time faculty members, each with a teaching load of 24 to 25 units. However, in the first semester of 2010-2011, their roles were reduced to part-time with a teaching load of 5 units due to a decline in enrollment. The university communicated this change via a letter, stating it was a temporary measure until enrollment improved.

    The teachers’ contracts were renewed every five months, each time covering a specific period and containing a clause about the conditions for renewal and permanency. Despite these renewals, the teachers were not offered any teaching load in the summer and first semester of 2011, leading them to file a complaint for illegal dismissal.

    The Labor Arbiter initially found that the teachers were dismissed for an authorized cause (redundancy) but without procedural due process, ordering the university to pay separation pay and nominal damages. The National Labor Relations Commission (NLRC) reversed this decision, stating that the teachers’ probationary period had simply expired. However, the Court of Appeals (CA) reinstated the Labor Arbiter’s decision with modifications, increasing the nominal damages due to the university’s failure to provide proper notice.

    The Supreme Court upheld the CA’s decision, emphasizing that the three-year probationary period for teachers was not altered by the fixed-term contracts. The Court stated, “The probationary period of respondents being three years, the non-renewal of their fixed term contracts during that probationary period amounted to a dismissal rather than a mere lapse of their probationary period.”

    Another key quote from the ruling is, “If the non-renewal of the fixed term employment contract takes place prior to the expiration of the probationary period, then the termination of employment is characterized as a dismissal for which the same provisions of the Labor Code on just and authorized causes shall apply.”

    Practical Implications: What This Means for Teachers and Employers

    This ruling has significant implications for both teachers and educational institutions in the Philippines. For teachers, it reinforces their security of tenure during the probationary period, ensuring they cannot be dismissed without just cause or proper procedure. Employers must now be more diligent in their hiring practices and ensure that any non-renewal of a teacher’s contract during the probationary period is justified and properly documented.

    For similar cases moving forward, this decision sets a clear precedent that the three-year probationary period for teachers must be respected, regardless of the term length of their contracts. Educational institutions should review their employment policies to align with this ruling and avoid potential legal disputes.

    Key Lessons:

    • Teachers on probation have a three-year period of security of tenure, not affected by the length of their fixed-term contracts.
    • Non-renewal of a contract during this period is considered a dismissal and must be justified by just or authorized causes.
    • Employers must adhere to procedural due process when terminating probationary teachers, including proper notification.

    Frequently Asked Questions

    What is the probationary period for teachers in the Philippines?

    The probationary period for teachers is up to three years, as set by the CHED Manual of Regulations for Private Higher Education.

    Can a teacher’s fixed-term contract be considered the end of their probationary period?

    No, unless a shorter probationary period is explicitly agreed upon, the three-year period applies, and non-renewal of a fixed-term contract during this period is considered a dismissal.

    What are the consequences for an employer who does not renew a teacher’s contract during the probationary period?

    The employer may be liable for illegal dismissal, and the teacher may be entitled to separation pay and nominal damages if proper procedure was not followed.

    How can teachers protect their rights during the probationary period?

    Teachers should ensure they understand their contract terms, document any changes in their employment status, and seek legal advice if they believe their rights are being violated.

    What should educational institutions do to comply with this ruling?

    Institutions should review their employment policies, ensure clear communication with probationary teachers, and follow due process in any termination decisions.

    ASG Law specializes in labor and employment law. Contact us or email hello@asglawpartners.com to schedule a consultation and ensure your rights are protected.

  • Master’s Degree Requirement for College Faculty: Upholding Educational Standards Over Collective Bargaining Agreements

    The Supreme Court affirmed that a Master’s degree is a mandatory requirement for college faculty members, reinforcing the government’s authority to ensure quality education. The Court held that a Collective Bargaining Agreement (CBA) cannot override this requirement, as the pursuit of high educational standards is of public interest. This ruling emphasizes that educational institutions must prioritize qualified educators, and CBAs must align with existing laws and regulations to maintain the integrity of higher education.

    Whose Rules Apply? Tenure, CBAs, and the Pursuit of Qualified Professors

    This case revolves around the employment of Raymond A. Son, Raymond S. Antiola, and Wilfredo E. Pollarco, who were full-time professors at the University of Santo Tomas (UST). UST, like other higher education institutions, operates under the regulatory authority of the Commission on Higher Education (CHED). The central conflict emerges from the professors’ lack of the Master’s degree typically required for their positions. Although the university hired them, they were unable to obtain the said degree within the prescribed period. The professors argued that they had acquired tenure by default under the Collective Bargaining Agreement (CBA) with the UST Faculty Union. This CBA provision stated that faculty members serving six consecutive semesters on a full-time basis, despite lacking a master’s degree, could be considered tenured. The critical legal question is whether a CBA can supersede the CHED’s regulations regarding faculty qualifications, particularly the requirement for a Master’s degree.

    The situation was further complicated by CHED Memorandum Order No. 40-08, which mandated the strict implementation of minimum qualifications for faculty members, including the Master’s degree requirement. UST, acting on this memorandum, decided not to renew the appointments of faculty members who had not completed their Master’s degrees. The professors argued that this decision violated their tenurial rights under the CBA. Respondents countered that the CHED Memorandum Order took precedence over the CBA. The Labor Arbiter initially ruled in favor of the professors, upholding the CBA provision. However, the National Labor Relations Commission (NLRC) reversed this decision, aligning with the CHED Memorandum Order, until the Court of Appeals sided with UST, emphasizing the importance of academic freedom and regulatory compliance in education.

    The Supreme Court centered its analysis on the interplay between contractual agreements and regulatory mandates. The Court emphasized that the requirement of a Master’s degree for undergraduate program professors has been in place since 1992 through DECS Order 92. This order, issued under the Education Act of 1982, carries the force and effect of law. The court quoted University of the East v. Pepanio, stating that the masteral degree requirement for tertiary education teachers is reasonable and aligns with public interest. The CBA provision regarding tenure by default was deemed void because it conflicted with the then-existing 1992 Revised Manual of Regulations for Private Schools. The Court highlighted that a void contract produces no civil effect, citing Article 1409 of the Civil Code, which states that contracts with objects contrary to law are void from the beginning.

    Art. 1409. The following contracts are inexistent and void from the beginning:

    (1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;

    The Supreme Court then addressed the argument that CHED Memorandum Order No. 40-08 was being applied retroactively. The Court clarified that the memorandum merely reiterated the existing requirement of a masteral degree. Petitioners were found unqualified to teach in UST’s undergraduate programs due to their failure to obtain the said master’s degrees despite having ample time to do so. The Court stated that both parties were, in a way, violating the law. UST was maintaining professors without the mandated masteral degrees, while the professors agreed to be employed despite knowing their lack of qualifications. The Court invoked the doctrine of pari delicto, stating that neither party could seek legal aid from the Court under these circumstances.

    Latin for ‘in equal fault,’ in pari delicto connotes that two or more people are at fault or are guilty of a crime. Neither courts of law nor equity will interpose to grant relief to the parties, when an illegal agreement has been made, and both parties stand in pari delicto. Under the pari delicto doctrine, the parties to a controversy are equally culpable or guilty, they shall have no action against each other, and it shall leave the parties where it finds them. This doctrine finds expression in the maxims “ex dolo malo nonoritur actio” and “in pari delicto potior est conditio defendentis.”

    The Court further emphasized that the minimum requirement of a Master’s degree had been cemented in DECS Order 92, Series of 1992. It was clarified that any inaction from the government to strictly enforce this requirement did not erase the violations committed by educational institutions or the parties involved. The Court dismissed the argument that UST was in estoppel or had waived the application of CHED Memorandum Order No. 40-08 by agreeing to the tenure by default provision in the CBA. Such a waiver, the Court reasoned, would be contrary to law and would prejudice the rights of students and the public, who have a right to expect quality education from qualified personnel. The Supreme Court emphasized its previous rulings in cases like University of the East v. Pepanio and Herrera-Manaois v. St. Scholastica’s College, which affirmed the mandatory nature of these qualifications.

    Building on this principle, the Court explicitly stated that UST’s decision not to renew the professors’ appointments was a valid exercise of academic freedom and management prerogative. Academic freedom, as enshrined in the Constitution, includes the right of educational institutions to determine who may teach and to set standards for their faculty. This extends to the school’s prerogative to set high standards of efficiency for its teachers to fulfill the constitutional mandate of quality education. The Court recognized that protecting the rights of laborers should not lead to the oppression or self-destruction of the employer, highlighting the need for a balanced approach that respects both employee rights and institutional autonomy.

    The practical implications of this ruling are significant for both educational institutions and faculty members. Educational institutions must ensure that their faculty meet the minimum qualifications set by regulatory bodies like CHED. Institutions can’t circumvent these requirements through Collective Bargaining Agreements or other contractual arrangements. Faculty members need to be aware of the qualifications required for their positions and take the necessary steps to meet them. The decision underscores the importance of aligning CBAs with existing laws and regulations, preventing conflicts that could compromise educational standards. Ultimately, this ruling reinforces the state’s authority to regulate and supervise educational institutions to protect the public interest and ensure quality education.

    FAQs

    What was the key issue in this case? The central issue was whether a Collective Bargaining Agreement (CBA) could supersede the Commission on Higher Education’s (CHED) regulations regarding the minimum qualifications for college faculty, specifically the requirement for a Master’s degree.
    What did the Collective Bargaining Agreement (CBA) state? The UST-UST Faculty Union CBA had a provision that allowed faculty members who served six consecutive semesters on a full-time basis to acquire tenure, even if they did not possess the required Master’s degree.
    What did CHED Memorandum Order No. 40-08 mandate? CHED Memorandum Order No. 40-08 directed the strict implementation of minimum qualifications for faculty members in undergraduate programs, including the requirement of possessing a Master’s degree.
    What was the Supreme Court’s ruling? The Supreme Court ruled that the CHED Memorandum Order took precedence over the CBA, meaning that the Master’s degree requirement was mandatory and could not be overridden by a contractual agreement.
    What is the doctrine of pari delicto? The doctrine of pari delicto states that when two parties are equally at fault in an illegal agreement, neither party can seek legal relief from the courts; the courts will leave them as they are. In this case, both the university and the professors were considered at fault – the university for hiring unqualified personnel and the professors for accepting employment without meeting the qualifications.
    What is academic freedom, and how does it apply to this case? Academic freedom is the right of educational institutions to determine for themselves who may teach, what may be taught, how it shall be taught, and who may be admitted to study. In this case, the Court recognized that UST’s decision not to renew the professors’ appointments was a valid exercise of academic freedom.
    What is the significance of DECS Order 92, Series of 1992? DECS Order 92, Series of 1992, also known as the Revised Manual of Regulations for Private Schools, established the minimum qualifications for faculty members, including the requirement of a Master’s degree. This order has the force and effect of law.
    Can faculty members waive the Master’s degree requirement through a CBA? No, the Supreme Court ruled that the Master’s degree requirement cannot be waived through a CBA, as such a waiver would be contrary to law and would prejudice the rights of students and the public to receive quality education from qualified personnel.

    This case underscores the importance of adhering to regulatory standards in the field of education. While collective bargaining agreements provide a framework for labor relations, they cannot undermine the state’s power to ensure quality education through mandated qualifications. Institutions and educators alike must be vigilant in upholding these standards to maintain the integrity of the educational system.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    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: Raymond A. Son, et al. v. University of Santo Tomas, G.R. No. 211273, April 18, 2018