2023 Labor Law, Q13

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.

Quick check

Under the Manual of Regulations for Private Higher Education, what academic qualification is mandatory for a college instructor to attain regular 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?

Which of the following is NOT one of the four requisites for a tertiary faculty member to acquire permanent 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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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.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026