School prerogatives and managing mismanagement

In a case decided by the Supreme Court (SC), it was unjust for an international school to pay foreign-hires higher salaries than Filipino local-hires due to a violation of the equal protection clause of the Bill of Rights of the 1987 Constitution. The SC also held that it was unlawful for a college to dismiss a probationary faculty member who expected that she be given a third consecutive (and more) semester of teaching, even though that was supposedly a management prerogative. Welcome to the world of teaching in the Philippines, where navigating complex legal systems may land you in kindergarten, for you are treated like a kid.

Complicated it may be, but it is worth it for Filipinos who have taken up the teaching profession to continue educating the young. (The two mentioned cases were docketed as G.R. No. 128845, June 1, 2000, International School Alliance of Educators, petitioner, vs. Hon. Leonardo A. Quisumbing in his capacity as the Secretary of Labor and Employment; Hon. Cresenciano B. Trajano in his capacity as the Acting Secretary of Labor and Employment; Dr. Brian Maccauley in his capacity as the Superintendent of International School-Manila; and International School, Inc., respondents, https://lawphil.net/judjuris/juri2000/jun2000/gr_128845_2000.html; and G.R. No. 235863, October 10, 2022, Vanessa Laura Arcilla, Petitioner, vs. San Sebastian College-Recoletos, Manila, Respondent, https://lawphil.net/judjuris/juri2022/oct2022/gr_235863_2022.html.)

Administrators of schools, colleges, and universities do not always lose when they face illegal dismissal cases. But they almost always lose in final decisions from the Supreme Court. We say this not to complacently compel managements not to indiscriminately fire those they deem unworthy of continuing under their employment, nor are we asking the teaching profession to be bold even when it is all done in a shambles in front of students and administrators.

The call of the times is simple: industrial peace.

Time and again, the magistrates hold that when the law is clear, there is no need to interpret it. If a party interprets the clear language of the law, industrial peace gets duped. Rindi ang Department of Labor and Employment (DOLE) sa alingasngas ng parehong kampo sa magkakaibang sitwasyon. At kapag nagkahablahan, it usually reaches the labor arbiter (LA), National Labor Relations Commission (NLRC), Court of Appeals (CA), and SC as if to say that the employee-employer relationship should be subject to any force of external tribunals, not within the educational institution’s HR.

In a college-employer’s lost case mentioned above, the SC said in part: “When a full-time employee’s probationary status overlaps with a fixed-­term contract not specifically used for the fixed term it offers—as when the fixed term is merely for a convenient arrangement to coincide with the school’s academic year—the probationary nature of the employment prevails. The employer cannot simply invoke the expiration of the fixed term. The employment may only be terminated for a just or authorized cause or due to the employee’s failure to meet the reasonable standards made known to the employee at the time of the engagement.”

So the SC has steadily watched over Article 1702 of the Civil Code (“In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer”) and Article 4 of the Labor Code (“Construction in Favor of Labor. – All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.) The preference for labor is required due to an enormous distinction in power between an employer and an employee.

Teachers and professors, also perceived as “persons in authority” for purposes of the Revised Penal Code (RPC), have to protect themselves even as the State has to also be vigilant against abuses to ensure that an employer’s exercise of powers, especially in most extreme forms such as termination must be for justifiable reasons and with proper observance of administrative due process. Doing the opposite, an employer’s action or inaction will “punish” the teachers and professors lopsidedly.

“Bohol Wisdom School, Dr. Simplicio Yap, Jr. and Raul H. Deloso vs. Miraflor Mabao” (G.R. No. 252124. July 23, 2024 [Date Uploaded: 12/16/2024]) is probably the most recent High Court ruling concerning the topic. (https://sc.judiciary.gov.ph/sc-school-cannot-suspend-unmarried-teacher-for-being-pregnant/; https://lawphil.net/judjuris/juri2024/jul2024/gr_252124_2024.html)

“Petitioners claim that the respondent’s suspension was not illegal and not baseless, as it was an exercise of the school’s management prerogative, in keeping with their own standard of morality. They argue that there is no absolute standard of morality, as the standard must be based on the surrounding circumstances where the questioned action takes place. They submit that the respondent, as a teacher in a Christian educational institution, was obliged to teach and exemplify Christian values. Considering that the respondent violated the standard of morality observed by the school, her suspension was reasonable.

“Petitioners also argue that procedural due process was substantially followed. While they admit that there was no written initial notice, they aver that procedural due process was substantially complied with as: (1) respondent was allowed to explain her side; (2) she admitted the violation; and (3) and her suspension was reduced in writing. According to petitioners, ‘in the meeting with the BWS Administrative Team, [respondent] openly and voluntarily admitted her breach of school policy regarding unwed pregnancy and she expressed willingness to undergo suspension until after her marriage.’ They thus maintain that respondent’s suspension was mutually agreed by the parties.”

In an 18-page decision, the SC found that “respondent’s act of engaging in premarital sexual relations with her boyfriend and eventually getting pregnant, is not disgraceful or immoral within the contemplation of the law.” Related cases are mentioned there and also here at https://accralaw.com/2025/04/30/neither-are-your-ways-my-ways-pregnancy-and-immorality-in-the-workplace/.

This leads us to finding ways on how teachers and professors cross (maitawid lang talaga) situations of institutional mismanagement:

• Pooling resources and teaching creatively. Academic personnel may need to get creative when dealing with outdated books, no or poor internet connection, and substandard facilities. They sometimes compensate and look for alternative (e)-resources or reprocess existing online tools. They may collaborate to share materials, plan together, or create group resource-sharing programs.

• Raising awareness. Some professors and teachers engage in advocacy to air grievances like a lack of consultative meetings, overcrowded classrooms, or poor admin policies. They may do so by addressing these concerns in letters of request, appeals, meetings, or even talking to responsible media like what came to light at UST and Lyceum recently.

• Union involvement. Educators may be part of unions or professional organizations that help address systemic issues in their institutions, including unfair labor practice (ULP). “Substantive, coherent, and coordinated measures that revolve on a definite vision and comprehensive strategy are needed” though, says Atty. Benedicto Ernesto R. Bitonio Jr., referring to International Labour Organization (ILO) conventions and, perhaps, the Philippine constitutional context of encouraging unionism. An SC decision read, “In the hierarchy of constitutional values, this Court has repeatedly held that the right to abstain from joining a labor organization is subordinate to the policy of encouraging unionism as an instrument of social justice.”

• Providing students with stability. In times of institutional mismanagement, students often feel stressed or disillusioned. Teachers and professors sometimes provide an emotional anchor for students, offering support, mentorship, and guidance. They may also focus on building resilience, helping students navigate challenges both in academics and in the broader context of academic life. Even in the face of low morale or lack of institutional support, some educators focus on finding innovative ways to engage students and keep their motivation high. Academic personnel may go beyond regular class hours, such as working overtime, organizing extra classes and bible studies, or even spending their own money on materials, to compensate for systemic shortfalls.

• Sharing best practices. Teachers and professors often rely on each other for moral and professional support. They share best practices for managing classrooms, teaching difficult subjects, or coping with admin problems. More experienced educators may mentor new teachers (Who says retirees need to retire?), helping them deal with poorly handled student and faculty manuals.

• Political and legal action. Teachers and professors sometimes try to bring systemic issues to the attention of local or national governments, hoping for policy changes that could improve the situation. In severe mismanagement cases of labor rights violations, inhumane conditions of work, or discriminatory policies, they might turn to legal channels to seek justice. Some roll with the changes as they find ways to manage mismanagement and wrong organizational culture.

Our God, who is the Great Employer, can see us dare to struggle. It must be with courage and faith, knowing fully well that our labor is not in vain as it can lead to spiritual maturity and overall growth. Finally, we are reminded in Colossians 4:1, “Masters, give unto your servants that which is just and equal; knowing that ye also have a Master in heaven.”