Luningning Brazil, Salvacion Garcera, and Rita De Mesa vs STI and Monico Jacob

Facts:
Petitioners were faculty members of STI-Legazpi, a higher educational institution. Brazil was
employed on June 3, 1997, as a part-time faculty member; Gracera and De Mesa were hired in
June 2000 and June 2001 respectively as part-time faculty members.
In their claim for being regular faculty members, Brazil claimed she was hired as a “full-load
faculty member” in June 2002 and was regularized on Ferbruary 1, 2004 as evidenced by STI
Personnel Action Form. Garcera claimed that in a written evaluation of her teaching
performance was the categorization of her employment as regular. De Mesa claimed that she
was employed as a “full-load faculty member” in 2003 as indicated in her faculty employment
contract. They contended that they enjoyed the same benefits granted to regular employees
such as full payment and benefits.
On June 3, 2011, Lagatic, a school administrator, offered separate job offers to Brazil and De
Mesa as part-time faculty members and an offer for Garcera as a probationary faculty. They
refused to sign contending they will lose their status as regular employees as well as benefits.
Lagatic informed them that their files and qualifications failed to conform with the standard set
out by the 2008 Manual of Regulations for Private Higher Education (2008 MORPHE) in which
one of the requirements for regularization of faculty members is he/she is a holder of a master’s
degree. Garcera claims she already completed her master’s degree in March 2011 while Brazil
and De Mesa are in their thesis compliance for their master’s degree.
Petitioners alleged that despite their repeated requests for amendments of their job offers on the
basis that they are already regular employees, Lagatic still handed them the same job offers
which they refused to sign until they were replaced by six newly-hired faculty members the next
day. The services of the petitioners continued until June 2011 for which they filed a complaint
for illegal constructive dismissal and non-payment of salaries/wages and other benefits, with
claims for damages and attorney’s fees before NLRC.
The NLRC ruled in favor of STI-Legazpi contending that the qualifications set by the institution is
pursuant to 2008 MORPHE and was affirmed by CA.

Issue:
Whether or not the STI-Legazpi committed illegal constructive dismissal.

Ruling:
NO. The NLRC is correct in contending that the STI-Legazpi is correct in their action.
Provisions under 2008 MORPHE provide:

Section 35. Minimum Faculty Qualifications. – The minimum qualifications of a faculty in a

higher education institution shall be as follows:
1) For undergraduate programs:

1. Holder of a master's degree, to teach mainly in his major field and where applicable, a
holder of appropriate professional license requiring at least a bachelor's degree for the
professional courses. However, in specific fields where there is dearth of holders of Master's
degree, a holder of a professional license requiring at least a bachelor's degree may be
qualified to teach. Any deviation from this requirement will be subject to regulation by the
Commission.

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Section 36. Full-time and Part-time Faculty. – As a general rule, all private higher education
institutions shall employ full-time faculty or academic personnel consistent with the levels of
instruction.

A full-time faculty or academic personnel is one who meets all the following
requirements:

1) Who possesses at least the minimum academic qualifications prescribed under this

Manual for all academic personnel;

2) Who is paid monthly or hourly, based on the regular teaching loads as provided for in the
policies, rules and standards of the Commission and the institution;

3) Who devotes not less than eight (8) hours of work a day to the school;

4) Who have no other remunerative occupation elsewhere requiring regular hours of work,
except when permitted by the higher education institution; and

5) Who is not teaching full-time in any other higher education institution.

As can be gleaned from the foregoing provisions, the rule is simple – a faculty who does not
meet ALL the minimum academic qualifications is automatically a part-time faculty.
After applying the foregoing guidelines, the court finds no reversible error on the part of the CA
in ruling that the NLRC did not commit any grave abuse of discretion when it dismissed the
petitioners' complaints for illegal dismissal with money claims.