Part-timer

Will service in a school as a teacher for more than the three-year probationary period automatically bestow upon said teacher a permanent status? This is the question answered in this case of Mario.

In 1992 Mario started teaching at a University (SMU). In 1995 he was issued an appointment as Assistant Professor I. Later on, he was promoted to Assistant Professor III. During these times, except for four non-consecutive terms, Mario carried a load of 12 units or less and performed no other functions for the school when not teaching. In fact he was also employed elsewhere from 1993 to 1996. He taught until the first semester of school year 1999-2000 when SMU discontinued giving him teaching assignments. Hence Mario filed a complaint for illegal dismissal against the university.

Mario argued that, as early as 1995, he had a permanent appointment as Assistant Professor, so regardless of the Manual of Regulations for Private Schools (Manual) he was already a permanent employee. He said that he should not be faulted for carrying a load of only 12 units or less since the university unilaterally controls his load assignment in the same manner that the university has the prerogative to shorten his probationary period. He also pointed out that the present Manual allows full time teachers to hold other remunerative positions as long as these do not conflict with the regular school day. Since he was already a permanent employee, the university’s failure to give him the required notices constitutes illegal dismissal. Was Mario correct?

No. The following requisites must concur before a private school teacher acquires permanent status: (1) the teacher is a full time teacher; (2) the teacher must have rendered three consecutive years of service; and (3) such service must have been satisfactory.

In this case the basic question is whether Mario is a full time teacher. Pursuant to the Manual, a full time academic personnel are those who: (a) possess at least the minimum academic qualification; (b) paid monthly or hourly based on the regular teaching loads; (c) has a total working day of not more than eight hours devoted to the school; (d) has no other remunerative occupation elsewhere with regular hours that will conflict with the school’s working hours; and (e) is not teaching full time in any other school.

A perusal of the various orders of the DECS prescribing teaching loads shows that the regular full time load of a faculty member is in the range of 15 to 24 units a semester or term depending on the course taught. Part time instructors carry a load of not more than twelve (12) units. With a teaching load of 12 units or less, Mario could not claim that he worked for the number of hours daily as prescribed by the Manual. Furthermore, he was employed elsewhere from 1993-1996.

Since there is no showing that Mario worked on a full time basis for at least three years, he could not have acquired a permanent status. A part time employee does not attain permanent status no matter how long he has served the school. And as a part timer his services could be terminated by the school once the period of the contract ends without being liable for illegal dismissal. In the absence of a specific agreement on the period of the contract of employment of part-time teachers as in this case, it is presumed that said contract is on a per semester or term basis. After the end of each term or semester, the school does not have any obligation to give teaching load to each and every part-time teacher. That SMU did not give teaching assignment to Mario during a given term or semester, even if factually true, did not amount to a violation of his rights. It did not amount to illegal dismissal of a part-time teacher. When the law tilts the scale of justice in favor of labor, the scale should never be so tilted if the result would be an injustice to the employer (Saint Mary’s University vs. Court of Appeals, G.R. 157788, March 8, 2005. 453 SCRA 61).

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