View full case

RAYMOND A. SON v. UNIVERSITY OF SANTO TOMAS

FACTS:

The University of Santo Tomas (UST), an educational institution, hired petitioners Raymond Son, Raymond Antiola, and Wilfredo Pollarco as full-time professors. They were designated as "faculty members on probationary status" and were required to obtain a master's degree within a certain period to attain tenure. They enrolled in the master's program but were unable to finish it. In 2010, the Commission on Higher Education (CHED) implemented the master's degree requirement for faculty members. UST informed the petitioners that they would not be re-appointed for failing to complete their master's degrees. Petitioners filed a labor case against UST, claiming that they had acquired tenure under the collective bargaining agreement (CBA) and could not be dismissed for not obtaining the master's degree.

The petitioners in this case are professors in UST employed on a probationary basis. A CBA was entered into between UST and the UST Faculty Union, which included a provision granting tenure by default to petitioners after three consecutive years. UST allegedly terminated petitioners for not having the required master's degree. Petitioners claimed they were terminated without following the twin-notice rule, that UST violated the CBA provisions, and that UST re-hired other professors without the required degree.

The case involves a dispute between UST and faculty members hired on a probationary basis. The faculty members argued that they attained tenure under the CBA, while UST argued that the CBA provisions must yield to statutory and administrative regulations governing faculty qualifications, namely CHED Memorandum Order No. 040-08 requiring a master's degree. The labor arbiter ruled in favor of the faculty members, but the NLRC reversed the decision. The faculty members appealed to the Court of Appeals, which upheld the NLRC's decision. The faculty members then filed a petition for review with the Supreme Court.

This case revolves around the termination of a college instructor by a private educational institution. The instructor was hired on probationary status and was not renewed after two years due to alleged poor performance and lack of competence. The instructor filed a complaint for illegal dismissal, claiming lack of just cause and due process. The labor arbiter ruled in favor of the instructor, which was affirmed by the NLRC and the Court of Appeals. The petitioner then filed a petition for review before the Supreme Court.

ISSUES:

  1. Whether the petitioners were illegally dismissed.

  2. Whether the CBA provision on tenure by default prevails over CHED Memorandum Order No. 40-08.

  3. Whether the respondents violated the twin-notice rule.

  4. Whether the right to academic freedom gives respondents the right to undermine petitioners' right to security of tenure.

  5. Whether the CHED directed the removal of faculty members without Master's degrees.

  6. Whether the requirement of a Master's degree for tertiary education teachers is a valid and reasonable qualification.

  7. Whether the provision in the CBA regarding tenure by default is null and void.

  8. Whether the strict implementation of CHED Memorandum Order No. 40-08 is valid.

  9. Whether the non-renewal of petitioner's appointments is valid exercise of academic freedom and management prerogative.

  10. Whether the parties are in pari delicto, and thus, have no action against each other.

  11. Whether the requirement of a master's degree for tertiary education teachers is reasonable.

  12. Whether private educational institutions have the right to set standards and qualifications for the employment of their academic personnel.

  13. Whether the non-acquisition of a master's degree by the probationary employees is a valid ground for non-confirmation of their permanent employment status.

  14. Whether probationary faculty members were properly informed of the academic requirements before being engaged as probationary employees.

  15. Whether probationary faculty members who fail to meet the mandated criteria under the 1992 Manual can attain the status of permanent full-time faculty members.

RULING:

  1. The petitioners were not illegally dismissed.

  2. The CBA provision on tenure by default does not prevail over CHED Memorandum Order No. 40-08.

  3. The respondents did not violate the twin-notice rule.

  4. The right to academic freedom does not give respondents the right to undermine petitioners' right to security of tenure.

  5. The CHED did not direct the removal of faculty members without Master's degrees.

  6. The Court denies the Petition. The requirement of a Master's degree for tertiary education teachers is a valid and reasonable qualification in accordance with the public interest. The provision in the CBA regarding tenure by default is null and void as it is contrary to the existing regulations. The strict implementation of CHED Memorandum Order No. 40-08 is valid. The non-renewal of petitioner's appointments is a valid exercise of academic freedom and management prerogative.

  7. Yes, the parties are in pari delicto. Both the petitioners and the respondents have violated the minimum requirement of a master's degree in the field of instruction. Under the doctrine of pari delicto, parties who are equally guilty or culpable have no action against each other.

  8. Yes, the requirement of a master's degree for tertiary education teachers is reasonable. The operation of educational institutions involves public interest, and the government has the right to ensure that only qualified teaching personnel are hired. The requirement is also supported by the Education Act of 1982, DECS Order 92, Series of 1992, and CHED Memorandum Order No. 40-08.

  9. Private educational institutions have the right to set standards and qualifications for the employment of their academic personnel. The state imposes limitations on the right of private schools, colleges, and universities to select and determine the employment status of their academic personnel in order to ensure the quality and competency of schools and educators. Private educational institutions must comply with the prevailing standards, qualifications, and conditions set by appropriate government agencies, such as the Department of Education, the Commission on Higher Education, and the Technical Education and Skills Development Authority.

  10. The non-acquisition of a master's degree by the probationary employees is a valid ground for non-confirmation of their permanent employment status. Private educational institutions may require their academic personnel to possess postgraduate degrees as a prerequisite to employment. In this case, the employees were given ample opportunities to acquire the required master's degree but failed to do so. It is just, fair, and in accordance with due process that the employer should not be penalized for situations in which it had little or no participation or control.

  11. The issue of whether probationary faculty members were informed of the academic requirements before being engaged as probationary employees is deemed irrelevant as those seeking to be educators are presumed to know the mandated qualifications.

  12. Probationary faculty members who fail to meet the criteria under the 1992 Manual cannot legally attain the status of permanent full-time faculty members, regardless of completing three years of satisfactory service.

PRINCIPLES:

  • Educational institutions enjoy academic freedom, which includes the right to determine their aims, objectives, and how best to attain them.

  • The prerogative of the school to set high standards for its teachers is in accordance with academic freedom, as long as the standards are reasonable and not arbitrary.

  • The management prerogative of an employer includes the authority to choose whom to hire and the right to regulate all aspects of employment.

  • Quality education is a mandate of the Constitution and courts should not interfere with the high standards set by educational institutions.

  • The right to academic freedom does not give educational institutions the unbridled right to undermine employees' right to security of tenure.

  • The CHED may issue regulations for the implementation of faculty development programs, including requirements for faculty members.

  • The requirement of a Master's degree for tertiary education teachers is a valid and reasonable qualification in accordance with the public interest.

  • A provision in a CBA that is contrary to existing regulations is null and void.

  • The strict implementation of a police power measure, such as CHED Memorandum Order No. 40-08, is not subject to compromise or leniency.

  • The non-renewal of appointments is a valid exercise of academic freedom and management prerogative.

  • Parties who are in pari delicto, or in equal fault, cannot seek relief from the court when an illegal agreement has been made.

CASE TITLE: Albertino v. University of Santo Tomas

  • Pari Delicto - The parties to a controversy are equally culpable or guilty, and they shall have no action against each other. This doctrine is governed by Articles 1411 and 1412 of the Civil Code.

  • Waiver - Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.

  • Estoppel - There can be no acquiescence or estoppel when it comes to acts that violate the law. The doctrine of estoppel cannot operate to give effect to an act that is null and void or ultra vires.

  • Validity of CBA - A school CBA must be read in conjunction with statutory and administrative regulations governing faculty qualifications. Such regulations form part of a valid CBA without the need for express reference to them.

  • Power of Regulation - The government, through the Ministry of Education and later CHED, has the power to regulate educational institutions and prescribe minimum academic qualifications for teaching personnel. This ensures the quality of education and protects public interest.

  • Government regulation in the field of educational institutions is desirable for protecting the interests of students and the public.

  • Private educational institutions must supplementarily refer to the prevailing standards, qualifications, and conditions set by the appropriate government agencies.

  • Private schools have the right to set standards and qualifications for the employment of their academic personnel.

  • The non-acquisition of required qualifications, such as a master's degree, may be a valid ground for non-confirmation of permanent employment status.

  • Probationary faculty members are presumed to know the academic qualifications required for the position.

  • Those who fail to meet the criteria under the Manual cannot become permanent full-time faculty members, even after completing the probationary period.