SECOND DIVISION
[G.R. No. 244166. March 11, 2019.]
CRISELDA FERNANDEZ, CZAR IAN CACANINDIN, ALDRIN BUMAGAT, PHILLIP JOHN AGUSTIN, JENNIFER C. AQUINO, AND WINELYN PINAS, petitioners,vs. SAINT LOUIS UNIVERSITY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 March 2019which reads as follows:
"G.R. No. 244166 (Criselda Fernandez, Czar Ian Cacanindin, Aldrin Bumagat, Phillip John Agustin, Jennifer C. Aquino, and Winelyn Pinas v. Saint Louis University)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 25, 2017 Decision 2 and the December 17, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 143379 for failure of petitioners Criselda Fernandez, Czar Ian Cacanindin, Aldrin Bumagat, Phillip John Agustin, Jennifer C. Aquino, and Winelyn Pinas (petitioners) to sufficiently show that the CA committed any reversible error in finding that the National Labor Relations Commission (NLRC) did not gravely abuse its direction in affirming the dismissal of their complaint.
As correctly ruled by the CA, the minimum qualifications 4 requirement under the 2008 Manual of Regulations for Private Higher Education 5 (MORPHE) is a mere reiteration of the 1992 Manual of Regulations for Private Schools, 6 issued even before petitioners were hired. 7 Thus, petitioners were reasonably informed of the master's degree requirement when they were employed by respondent Saint Louis University (respondent). While petitioners have successfully completed their probationary employment, they failed to possess the minimum qualification required by the Commission on Higher Education under Section 118 8 of the MORPHE, notwithstanding the five (5)-year time frame given to them, and despite numerous reminders from respondent. Mere completion of the probationary period does not, ipso facto, make employees of the educational institution permanent, as they could only qualify as such upon fulfilling the reasonable standards for permanent faculty members. 9
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-33.
2.Id. at 35-42. Penned by Associate Justice Mario V. Lopez with Associate Justices Remedios A. Salazar-Fernando and Eduardo B. Peralta, Jr., concurring.
3.Id. at 44-45.
4. Section 35. Minimum Faculty Qualifications. — The minimum qualifications of a faculty in a higher education institution shall be as follows:
1. For undergraduate programs:
a) Holder of a master's degree, to teach mainly in his major field and where applicable, a holder of appropriate professional license requiring at least a bachelor's degree for the professional courses. (Emphasis supplied)
5. CHED Memorandum Order No. 40-08, Series of 2008, entitled "MANUAL OF REGULATIONS FOR PRIVATE HIGHER EDUCATION OF 2008," approved on July 31, 2008.
6. Department Order No. 92, Series of 1992, entitled "1992 REVISED MANUAL OF REGULATIONS OF PRIVATE SCHOOLS," approved on August 10, 1992.
7. See rollo, p. 40.
8. Section 118. Regular or Permanent Status. — A full-time academic teaching personnel who has satisfactorily completed his/her probationary employment, and who possesses the minimum qualifications required by the Commission and the institution, shall acquire a regular or permanent status if he/she is re-hired or re-appointed immediately after the end of his/her probationary employment. However, a regular or permanent academic teaching personnel who requests a teaching load equivalent to a part-time load, shall be considered resigned, and hence, may forfeit his/her regular or permanent status at the discretion of the management of the higher education institution and shall thereby be covered by a term-contract employment.
9. See De La Salle Araneta University, Inc. v. Magdurulang, G.R. No. 224319, November 20, 2017.