St. Mary's University vs. Donelo

A part-time teacher in a private school does not attain permanent status no matter how long he has served the school, and the school may lawfully terminate his services without being held liable for illegal dismissal, provided the termination occurs after the end of the agreed period, semester, or term. The twin-notice requirement applies only to regular or permanent employees.

Respondent Marcelo Donelo was a faculty member of Saint Mary's University, a private educational institution in Nueva Vizcaya. The relationship between the parties was governed by the Manual of Regulations for Private Schools, particularly its provisions on the probationary period, regular or permanent status, and the definition of full-time academic personnel. The 1992 Manual required that full-time teachers who satisfactorily completed their probationary period be considered regular or permanent, with the probationary period not exceeding six consecutive regular semesters of satisfactory service for the tertiary level.

Respondent Marcelo Donelo started teaching on a contractual basis at Saint Mary's University in 1992. In 1995, he was issued an appointment as an Assistant Professor I and was later promoted to Assistant Professor III. He taught until the first semester of school year 1999-2000, when the school discontinued giving him teaching assignments. For this, respondent filed a complaint for illegal dismissal against the university.

In its defense, petitioner showed that respondent was merely a part-time instructor and, except for three semesters, carried a load of less than eighteen units. Petitioner argued that respondent never attained permanent or regular status because he was not a full-time teacher. Petitioner further showed that respondent was under investigation by the university for giving grades to students who did not attend classes, and that respondent did not respond to inquiries relative to the investigation. Instead, respondent filed the instant case against the university.

The evidence on record revealed that, except for four non-consecutive terms, respondent generally carried a load of twelve units or less from 1992 to 1999. There was also no evidence that he performed other functions for the school when not teaching. The records also indubitably showed he was employed elsewhere from 1993 to 1996, specifically with the Provincial Government of Nueva Vizcaya. Respondent did not show that he belonged to the group of full-time teachers allowed by the university to take fewer loads, even after the university presented his teaching record.

The contract of employment of the respondent was not presented. The Court took judicial notice that contracts of employment of part-time teachers are generally on a per semester or term basis, and in the absence of a specific agreement on the period, it is presumed to be for a term or semester.

• Permanent Status: Petitioner contended that respondent did not attain permanent status since he did not carry a load of at least 18 units for three consecutive years, and that only full-time teachers can attain permanent status.
• Twin-Notice Requirement: Petitioner argued that since respondent was not a permanent employee, the twin-notice requirement in the termination of employment did not apply.

• Permanent Appointment: Respondent argued that, as early as 1995, he had a permanent appointment as Assistant Professor, and he was a permanent employee regardless of the provisions of the Manual of Regulations for Private Schools.
• Load Assignment: Respondent asserted that he should not be faulted for not carrying a load of at least 18 units since the university unilaterally controls his load assignment in the same manner that the university has the prerogative to shorten his probationary period.
• Other Remunerative Positions: Respondent 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.
• Illegal Dismissal: Respondent insisted that since he is a permanent employee, petitioner's failure to give him the required notices constitutes illegal dismissal.

• Full-Time Teacher Status: Whether respondent was a full-time teacher.
• Permanent Status: Whether respondent had attained permanent status.
• Illegal Dismissal: Whether respondent was illegally dismissed.

• Full-Time Teacher Status: No. Respondent was a part-time teacher, having generally carried a load of twelve units or less from 1992 to 1999, except for four non-consecutive terms, and having been employed elsewhere from 1993 to 1996, failing the requirements of Section 45 of the 1992 Manual of Regulations for Private Schools.
• Permanent Status: No. Since there was no showing that respondent worked on a full-time basis for at least three years, he could not have acquired permanent status; a part-time employee does not attain permanent status no matter how long he has served the school.
• Illegal Dismissal: No. As a part-timer, respondent's services could be terminated by the school without being held liable for illegal dismissal, and the twin-notice requirement applicable only to regular or permanent employees could not be invoked by him.

• Full-Time Teacher Status: Section 45 of the 1992 Manual of Regulations for Private Schools provides that full-time academic personnel must meet all of the following requirements: (a) possess at least the minimum academic qualifications prescribed by the Department; (b) be paid monthly or hourly based on regular teaching loads; (c) devote a total working day of not more than eight hours a day to the school; (d) have no other remunerative occupation elsewhere requiring regular hours of work that will conflict with working hours in the school; and (e) not teach full-time in any other educational institution. All teaching personnel who do not meet the foregoing qualifications are considered part-time. The regular full-time load of a faculty member is in the range of 15 units to 24 units a semester or term, depending on the courses taught, while part-time instructors carry a load of not more than 12 units. The evidence showed that respondent generally carried a load of twelve units or less from 1992 to 1999, except for four non-consecutive terms, and there was no evidence that he performed other functions for the school when not teaching. Although this is not conclusive since there are full-time teachers who are allowed by the university to take fewer loads, respondent did not show that he belonged to the latter group, even after the university presented his teaching record. With a teaching load of twelve units or less, he could not claim he worked for the number of hours daily as prescribed by Section 45 of the Manual. Furthermore, the records indubitably showed he was employed elsewhere from 1993 to 1996.
• Permanent Status: Section 93 of the 1992 Manual provides that full-time teachers who have satisfactorily completed their probationary period shall be considered regular or permanent, and the probationary period shall not be more than six consecutive regular semesters of satisfactory service for those in the tertiary level. 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. Since there was no showing that respondent worked on a full-time basis for at least three years, he could not have acquired permanent status. A part-time employee does not attain permanent status no matter how long he has served the school.
• Illegal Dismissal: As a part-timer, respondent's services could be terminated by the school without being held liable for illegal dismissal, and the twin-notice requirement applicable only to regular or permanent employees could not be invoked by him. However, this is not to say that part-time teachers may not have security of tenure. The school could not lawfully terminate a part-timer before the end of the agreed period without just cause. But once the period, semester, or term ends, there is no obligation on the part of the school to renew the contract of employment for the next period, semester, or term. In the absence of a specific agreement on the period of the contract of employment, it is presumed to be for a term or semester. 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 petitioner did not give any teaching assignment to the respondent during a given term or semester, even if factually true, did not amount to an actionable violation of respondent's rights. The law, while protecting the rights of the employees, authorizes neither the oppression nor destruction of the employer, and 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.

• Requisites for Permanent Status of Private School Teachers — Before a private school teacher acquires permanent status, the following requisites must concur: (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. The Court applied this doctrine to hold that respondent, being a part-time teacher who had not rendered three consecutive years of full-time service, could not have acquired permanent status.
• Part-Time Teachers and Security of Tenure — A part-time employee does not attain permanent status no matter how long he has served the school. While part-time teachers have security of tenure during the agreed period, the school could not lawfully terminate a part-timer before the end of the agreed period without just cause; however, once the period, semester, or term ends, there is no obligation on the part of the school to renew the contract of employment for the next period, semester, or term.
• Definition of Full-Time Academic Personnel — Under Section 45 of the 1992 Manual of Regulations for Private Schools, full-time academic personnel are those who: (a) possess at least the minimum academic qualifications prescribed by the Department; (b) are paid monthly or hourly based on regular teaching loads; (c) devote a total working day of not more than eight hours a day to the school; (d) have no other remunerative occupation elsewhere requiring regular hours of work that will conflict with working hours in the school; and (e) are not teaching full-time in any other educational institution. All teaching personnel who do not meet these qualifications are considered part-time.

• "A part-time employee does not attain permanent status no matter how long he has served the school." — This is the core ratio decidendi of the case, establishing the rule that part-time teachers cannot acquire permanent status regardless of length of service.
• "Yet, this is not to say that part-time teachers may not have security of tenure. The school could not lawfully terminate a part-timer before the end of the agreed period without just cause. But once the period, semester, or term ends, there is no obligation on the part of the school to renew the contract of employment for the next period, semester, or term." — This passage defines the scope of security of tenure for part-time teachers, distinguishing between termination during the agreed period and non-renewal after the period ends.
• "The law, while protecting the rights of the employees, authorizes neither the oppression nor destruction of the employer. And 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." — This statement articulates the balancing principle in labor law, emphasizing that labor protection should not result in injustice to the employer.

• La Consolacion College vs. National Labor Relations Commission, G.R. No. 127241, 28 September 2001, 366 SCRA 226 — Cited as authority for the requisites before a private school teacher acquires permanent status.
• University of Sto. Tomas vs. NLRC, G.R. No. 85519, 15 February 1990, 182 SCRA 371 — Cited for the requisites for permanent status and for the proposition that a teaching load of twelve units or less indicates part-time status.
• National Mines and Allied Workers' Union vs. San Ildefonso College–RVM Sisters Administration, G.R. No. 125039, 20 November 1998, 299 SCRA 24 — Cited for the proposition that a part-time employee does not attain permanent status no matter how long he has served the school.
• DI Security and General Services, Inc. vs. NLRC, G.R. No. 124134, 20 November 1996, 264 SCRA 458 — Cited for the principle that the law authorizes neither the oppression nor destruction of the employer.
• St. Theresa's School of Novaliches Foundation vs. NLRC, G.R. No. 122955, 15 April 1998, 289 SCRA 110 — Cited for the principle that 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.

• Section 93, 1992 Manual of Regulations for Private Schools — Provides that full-time teachers who have satisfactorily completed their probationary period shall be considered regular or permanent. The Court applied this provision to determine whether respondent had acquired permanent status.
• Section 92, 1992 Manual of Regulations for Private Schools — Provides that the probationary period for academic personnel in the tertiary level shall not be more than six consecutive regular semesters of satisfactory service. The Court considered this in determining the requisites for permanent status.
• Section 45, 1992 Manual of Regulations for Private Schools — Defines full-time academic personnel and lists the requirements they must meet. The Court applied this provision to determine that respondent was a part-time teacher.

Davide, Jr., C.J. (Chairman), Ynares-Santiago, Carpio, and Azcuna, JJ., concurred.