Sampaguita University (SU) hired Farah as Instructor I in the College of Education on a contractual or part-time basis beginning the first semester of school year 2015-2016. In 2018, SU appointed Farah as Instructor II. SU informed her that she will attain regular status on the condition that she obtain a master’s degree by May 31, 2022, otherwise, her employment will either be terminated or considered as contractual or part-time. When Farah failed to secure the required educational qualification within the allotted time, SU classified her as a part-time faculty effective June 1, 2022. On April 30, 2023, SU notified Farah that they will no longer be renewing or extending her contract as part-time faculty upon its expiration. Farah thus filed a complaint for illegal dismissal. Will her complaint prosper? Discuss your answer.
Suggested answer only. Not an official answer and not legal advice.
No, Farah's complaint for illegal dismissal will not prosper. Under the Manual of Regulations for Private Higher Education and jurisprudence (UE v. Pepanio; Mercado v. AMA Computer College), a college faculty member acquires
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Quick check
Under the Manual of Regulations for Private Higher Education, what academic qualification is mandatory for a college instructor to attain regular status?
A master's degree in the field of specialization is a mandatory requirement for tertiary faculty to acquire permanent status.
Under Mercado v. AMA Computer College, what is the legal effect when a probationary college teacher fails to obtain a master's degree within the probationary period?
Failure to obtain a master's degree prevents the teacher from acquiring regular status, making contract expiration valid.
Which of the following is NOT one of the four requisites for a tertiary faculty member to acquire permanent employment status?
Faculty union presidency is not a legal requisite for acquiring regular academic employment status.
Why was Sampaguita University's non-renewal of Farah's part-time contract legal under labor law?
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What is the legal status of part-time academic personnel in private higher education institutions regarding security of tenure?
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Learn more about these topics
1. Academic Probation Requisites
Under the Manual of Regulations for Private Higher Education and established jurisprudence, a tertiary education faculty member achieves permanent or regular status only when four requisites concur: (1) the teacher is employed full-time; (2) the teacher renders satisfactory service; (3) the teacher completes the mandatory probationary period; and (4) the teacher possesses a master's degree in the field of specialization. Failure to satisfy any of these essential requirements, particularly the master's degree qualification mandated by regulation, prevents an academic staff member from attaining security of tenure.
2. Master's Degree Mandate
The requirement of a master's degree for tertiary level educators is a statutory standard imposed by government educational authorities that private higher education institutions cannot waive or contract away. In University of the East v. Pepanio and Mercado v. AMA Computer College, the Supreme Court ruled that an educational institution acts within legal bounds when it insists upon compliance with the master's degree requirement. An instructor who fails to obtain the requisite postgraduate degree within the allotted probationary timeline cannot acquire permanent employment status.
3. Non-Renewal of Contract
When a probationary college instructor fails to obtain the mandatory master's degree within the allowed period, her employment automatically terminates upon the expiration of her fixed-term contract. Reclassifying an unqualified teacher to part-time status or electing not to renew her part-time appointment upon expiration does not constitute illegal dismissal. Part-time academic personnel serve on a fixed semester-to-semester contractual basis and do not enjoy permanent security of tenure under Philippine labor laws, making contract non-renewal entirely valid upon expiration.