Report in educational leadership


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Report in educational leadership

  1. 1. Current Legal Issues in Education
  2. 2. I. Student Matters A. Student Discipline B. Right to Quality Education vis-à-vis Obligation to Pay Tuition and Other Fees
  3. 3. Legal Basis of School’s Authority to Discipline MRPS (DECS Order No. 92, s. 1992) Section 74. Authority to Maintain School Discipline. Every private school shall maintain good school discipline inside the school campus as well as outside the school premises when pupils or students are engaged in activities authorized by the school.
  4. 4. REASON: For a school system to function properly, the conduct of pupils must conform to conditions that are conducive to learning.
  5. 5. The Supreme Court in the case ofPhilippine School of Business Administrationvs. CA-- “Certainly, no student can absorb the intricacies of physics or higher mathematics or explore the realm of the arts and other services when bullets are flying or grenades exploding in the air or where looms around the school premises a constant threat to life and limb. Necessarily, the school must ensure that adequate steps are taken to maintain peace and order within the campus premises and to prevent the breakdown thereof.”
  6. 6. Extent of School Authority to Discipline How far does the school’s authority to maintain school discipline among its community members, particularly its students, extend?
  7. 7. ANSWER It is undisputed that the school candiscipline its community memberswithin the school campus during classhours. Whether that authority applies evenoutside of the school premises and classhours, the Supreme Court said--
  8. 8. “x x x It is the better view that there areinstances when the school might be called uponto exercise its power over its students x x x foracts committed outside the school and beyondschool hours in the following: a) In cases of violations of school policies or regulations occurring in connection with a school-sponsored activity off-campus; b) In case where the misconduct of the student involves his status as a student or affects the good name or reputation of the school.”
  9. 9. Therefore when students misbehaveoutside the campus and the misconductcomplained of directly affects theoffender’s status as a suitable member ofthat community, there is no reason whyschools may not impose disciplinarysanctions on him.
  10. 10. Imposition of Sanctions Section 75. Imposition of DisciplinaryAction. School officials and academicpersonnel shall have the right to imposeappropriate and reasonable disciplinarymeasures in case of minor offenses orinfractions of good discipline committed intheir presence. However, no cruel orphysically harmful punishment shall beimposed or applied against any pupil orstudent.
  11. 11. BASIC RULE As parents, the teachersshall use discipline not topunish but to correct, notto force, but to motivate;and not to obey with rigidcadence, but to choose tofollow the right way.
  12. 12. Hence, schools cannotgenerally use methods ofpunishing or suchdegree of penalties thata good mother or a goodfather would not likelyuse on her/his ownchildren.
  13. 13. Common Types of Penalties for Minor Offenses The legality of some of these penaltiesshall be discussed presently.1) Fine This penalty is usually imposed onstudents who violate internal traffic,cleanliness, and other rules and regulations.Only two requisites must be complied withbefore this penalty may be legally imposed.
  14. 14. 2) Extra Work Authorities agree that there is no legal actionto compel a person to do something against hiswill. Thus, a student of majority age may not besubjected to a sanction that would oblige him toact against his will. However, minor studentswho have not been emancipated from parentalauthority fall under partia potestas and therefore“are obliged to obey their parents so long as theyare under parental power, and to observe respectand reverence toward them always.
  15. 15. 3) Corporal Punishment Article 233 of the Family Code provides that-- “In no case shall the school administrators, teacher or individual engaged in child care and exercising special parental authority, inflict corporal punishment upon the child.”
  16. 16. 4) Grade Reduction School authorities and teachers cannot reducethe grade of a student because of his misconductbecause the measure of academic achievementmust not be based on conduct. Otherwise, theteacher or the school administration shall beunable to properly diagnose the student. BatasPambansa Blg. 232 provides that-- “Every teacher shall xxx xxx 5. Refrain from making deductions in students’ scholastic rating for acts that are clearly not manifestation of poor scholarship.”
  17. 17. Section 79 of the MRPS clearlyprevents the reduction of a student’sgrade for misconduct. The onlyexception to this rule is when theoffense committed is relevant to theacademic subject in which thestudent’s grade was reduced.Therefore, an elementary schoolchildmay suffer a reduction in hisCharacter Education grade if he isguilty of misconduct (see Section 79,MRPS).
  18. 18. Sanctions for Grave Offenses Section 76. Filing of Administrative Action.When the offense committed is serious x x x theschool head shall cause the filing of thecorresponding administrative action againstthe erring pupil or student. No disciplinarysanction shall be applied upon any pupil orstudent except for cause as defined in the rulesand regulations of the school or in this Manual,and after due process shall have been observed. The punishment shall be commensurate withthe nature and gravity of the offense.
  19. 19. Section 77. Categories of AdministrativePenalties. The three categories ofdisciplinary administrative sanctions forserious offenses or violation of schoolrules and regulations which may beapplied upon an erring pupil or studentare: Suspension, Exclusion andExpulsion. Also Non-Readmission) (Note:
  20. 20. Three (3) requirements before disciplinarysanction (Section 77) may be imposed: a) Must be for cause as defined b) Observance of due process c) Punishment must be commensurate
  21. 21. I. Must be for cause as defined in the printedrules and regulations of the school or in theMRPS Section 78. Authority to Promulgate Disciplinary Rules. Every private schools shall have the right to promulgate reasonable norms, rules and regulations it may deem necessary and consistent with the provisions of this Manual for the maintenance of good school discipline and class attendance. Such rules and regulations shall be effective as of the date of promulgation and notification to students in an appropriate school issuance or publication.
  22. 22. A written code ofdiscipline containsan enumeration of specific offenses and their corresponding penalties.
  23. 23. What if the misconduct isnot defined and penalized bywritten school rules, may the student still beadministratively charged for said act or omission?
  24. 24. Depends on the Type of Offense Committed* Two types of offenses i) Generally accepted acts and/or omission that are subject to disciplinary action and imposition of sanctions; ii) Acts and/or omission which by certain school rule of conduct and standard of morality are subject to disciplinary action and imposition of sanctions.
  25. 25. For the student to bedisciplinary charged forsaid offense -- the firstneed not be expressed inthe printed school rulesand regulations. Thelatter need to be definedand penalized.
  26. 26. II. After due process shall have been observedRequirement of Due Process The framers of our Constitutionplaced due process first among theprovisions of the Bill of Rights.The section states-- “No person shall be deprived of life, liberty or property without due process of law.”
  27. 27. Therefore, when a student commits a serious offense that entails the imposition of anadministrative penalty as severeas suspension, non-readmission,exclusion or expulsion, he must first be accorded due process.
  28. 28. There is no justification for the denial thereof, not even if the offense was committed in thepresence of faculty members or other school authorities.
  29. 29. In Diosdado Guzman, et al. Vs. NationalUniversity, et al., the Supreme Court laiddown the minimum standards that must bemet to satisfy the demands of procedural dueprocess in student disciplinary hearings: 1) The students must be informed in writing of the nature and cause of any accusation against them; 2) They shall have the right to answer the charges against them, with the assistance of counsel, if desired;
  30. 30. 3) They shall be informed of the evidence against them;4) They shall have the right to adduce evidence in their own behalf; and5) The evidence must be considered by the investigating committee or official designated by the school authorities to hear and decide the case.
  31. 31. III. The punishment shall be commensurate withthe nature and gravity of the offense Although school authorities may have strictly complied with the minimum requirements of due process, courts may still INVALIDATE penalty imposed if NOT commensurate to the nature and gravity of the offense.
  32. 32. CONCLUSIONCourts Do Not Intervene With Factual Findingsof Schools Except… a) Finding is based on speculation; b) Inferences made are BLATANTLY mistaken, absurd or impossible; c) Grave abuse of discretion; d) Misapprehension of facts; e) The tribunal, in arriving at its findings, goes beyond the issues of the case, ANDf) If there is clear showing of denial of DUE PROCESS
  33. 33. B. Right to Quality Education vis-à-vis Obligation to Pay Tuition and Other FeesArticle XIV, Sec. 1, 1987 Constitution “The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.”
  34. 34. What is QUALITY EDUCATION? “x x x making sure that basic educationis really solid, because if it is not solid, itaffects the quality of secondaryeducation. If secondary education ispoor, then the person goes to collegeunprepared for college work. And if he isallowed to graduate again with a poorquality college education, he goes touniversity professional education evenmore unprepared.” - Rev. Fr. Joaquin Bernas, SJ
  35. 35. In short— A school, beforepromoting orgraduating a student,must be sure thathe/she (the student)is functionally literateto go through nexthigher level.
  36. 36. Two (2) Basic Methods of Ensuring Quality Education1. Continuous Evaluation of Faculty and Staff Competence and Efficiency2. Evaluate Students: Determine Level of Learning Competencies
  37. 37. To ensure Quality Education:1) Must be COMPETENT and EFFICIENT Code of Ethics for Professional Teachers, Article IV, Section 2— “Every teacher shall uphold the highest possible standards of quality education, shall make the best preparation for the career of teaching, and shall be at his best at all times in the practice of his profession.”
  38. 38. BP 232 (Education Act of 1982), Section 16 (2)provides— “The teacher shall xxx be accountable for efficient and effective attainment of specified learning objectives xxx.”Code of Ethics further mandates that— “Every teacher shall participate in the continuing professional education (CPE) program of the PRC, and shall pursue such other studies as will improve his efficiency, enhance the prestige of the profession, and strengthen his competence, virtue and productivity in order to be nationally and internationally competitive.” (Article IV, Section 3)
  39. 39. “A teacher shall ensure thatconditions contributive to themaximum development oflearners are adequate and shallextend assistance in preventingor solving learners’ problemsand difficulties.” (Article IV, Section 3)
  40. 40. To ensure Quality Education:Teacher is obliged to: Section 16 (2), BP 232— “Be accountable for efficient and effective attainment of specified learning objectives x x x.”
  41. 41. In short— A teacher is expected to be efficient and competent in the performance of his academic duties at all times. Otherwise, A teacher who has consistently shows his inability to efficiently perform his duties and responsibilities, within a common performance standards should not be allowed to stay in school xxx.The MRPS provides as just cause ofterminating a faculty— “Gross inefficiency and incompetence in the performance of his duties xxx.” (Section 3 (a))
  42. 42. In Evelyn Pena vs. NLRC, the SC said— “x x x schools can set high standards of efficiency for its teachers since quality education is a mandate of the Constitution x x x (s)ecurity of tenure x x x cannot be used to shield incompetence.”• Duty to continually evaluate teachers
  43. 43. Evaluate Student Competence (Giving of Grades) Students Have Right…Section 16 (5), BP 232-- “Refrain from making deductions or additions to student’s scholastic ratings for acts that are clearly NOT manifestation of scholarships.”
  44. 44. MRPS Section 79 “Basis for Grading. –The x x x grade or rating xx x in a subject should bebased solely on hisscholastic performance.Any addition or diminution to the grade in a subjectfor co-curricular activities,attendance, or misconductshall not be allowed x x x.”
  45. 45. … and Report to Students and Parents--Section 16 (3), BP 232— “Render regularreports onperformance of eachstudent and to thelatter and latter’sparents x x x.”
  46. 46. In Reporting--Students have the RIGHT— Section 9 (4)— “x x x to access to school records x x x.” and Section 9 (5)— “x x x issuance of (school records) within 30 days from request.”
  47. 47. But… WRONG to demand quality education from privateschool and be evaluated of his/her scholasticcompetence and be given access to school records ifstudents refuse to pay tuition and other school fees. “One must x x x recognize that it costs money to maintain high standards of education x x x. (A)s to private schools, what is demandable of them is only commensurate to the tuition and fees they are allowed to charge and the student is able to afford.”
  48. 48. In Julia L. Tan, et al. vs. CA, the SC held— “x x x since (parents ofstudents) have failed tocomply with the conditionsand prerequisites foradmission, i.e. x x xpayment of duly approvedtuition fees x x x the schoolcannot be regarded ashaving acted arbitrary orcapriciously in refusing tore-enroll (their) children.”
  49. 49. Paragraph 119, Manual of Information forPrivate Schools provide— “x x x When a student failsto meet his financialobligations, the schoolshould drop him from therolls. But when he is allowedto remain in school until theend of the term he should notbe deprived of theexaminations. The schoolmay, however, withhold x xhis final grade xxx”
  50. 50. Section 72, MRPS-- “Withholding of Credentials – The release of x x x (school records) of any pupil or student may be withheld for reasons of x x x NON-PAYMENT OF FINANCIAL OBLIGATIONS or PROPERTY RESPONSIBILITY of the pupil or student to the school. The (records) shall be released as soon as his obligations shall have been settled x x x. ” Principle involved: “TACIT RESOLUTORY CONDITION” (Civil Code, Art. 1191)
  51. 51. It is suggested that the students/parents be duly informed in writingbefore enrollment that FAILURE to paythe school fees shall give the schoolthe authority/right to rescind theenrollment contract and deny thestudent concerned his continued stay inschool.
  52. 52. This should be included as part of the theenrollment form: “To recognize without reservation, the authority of_____________ School to bar or not to allow ourchild/children from entering the school campus andattending his/her classes in case we fail to pay two(2) consecutive installments of the due anddemandable tuition and other school fees asindicated in the current schedule of payment andthat he/she shall only be readmitted as soon as thetuition and other school fees are paid; providedhowever, that our child will be solely responsible inkeeping up with the lessons, assignments and takingexaminations given during the school days our childwas not allowed to enter and attend classes.”
  53. 53. II. School Personnel Matters INEFFICIENCY AND INCOMPETENCEAbsences/Tardiness  to be considered valid causes for termination under Section 94 of MRPS, Section 78 of TVET Manual and Article 283 of the Labor Code, absences and tardiness must be habitual and inexcusable.
  54. 54. ISSUE: When is there “HABITUALITY” in the absencesand tardiness?ANSWER 1) School policy may fix a maximum numberof absences or tardiness, in excess of whichshall be considered as ‘habitual’ and hence, ifalso inexcusable, shall be tantamount toinefficiency and incompetence.N.B. • Policy must be made known to all personnel concerned • The maximum number must be reasonable.
  55. 55. 2) In the absence of an existing school policy,the maximum number of absences for studentsas provided for in Section 73 of MRPS may beapplicable.REASON: Rule in Section 73 is based on the presumptionthat a student needs to attend at least 80% of classdays or hours to complete the course. Hence, if a teacher incurs absences of more than20% of his class hours, then the teacher failed tocomplete the course. Such is incompetence in itsHIGHEST FORM.
  56. 56. ISSUE: What if the frequency of absences is “Habitual” incharacter but EXCUSABLE? Can teacher beterminated?ANSWER Supreme Court said-- “A working mother who has to frequently absent because she has also to take care of her child may also be removed because of her poor attendance, x x x however, the award of separation pay would be sustained under the social justice x x x.” (PLDT vs. NLRC, 164 SCRA 671)
  57. 57. ABANDONMENT (absence from work and deliberate intent to discontinue to return)Two (2) Requisites(a) Absences without authority(b) Intention not to return
  58. 58. How to declare ABANDONMENT? Two (2) Letter Principle As soon as a teacher starts to incur absences continuously without official leave or authority-- send 1st letter requiring him to report immediately and explain; AND send 2nd letter informing him of termination due to abandonment
  59. 59. N.B. Unless employee issent the secondletter of termination,he/she remains anemployee Hence, ifhe/she comes back,the right to his/herposition may stilllegally exist nomatter how long theabsence.
  60. 60. NEGLECT OF DUTY Neglect is defined as the failure to carryout an expected or required action throughcarelessness or by intention. As a rule, “Neglect of Duty”, to be groundfor termination, must be both GROSS andHABITUAL.  Single or isolated acts of negligence do not constitute just cause for dismissal  But if the negligent act results to substantial loss/damage to property or injury to person, habituality is NOT necessary to justify dismissal
  61. 61.  Failure to Exercise Parental Responsibility “The school, its administrators and teachers, x x x engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, x x x.” Article 218, Family Code “A teacher shall recognize that the interest and welfare of learners are his first and foremost concern, and shall handle each learner justly and impartially.” (Article VII, Section 2)
  62. 62. Clearly, a teacher or schoolpersonnel required to exercisespecial parental responsibility butwho fails to observe all thediligence of a good father of afamily in the custody and care ofthe pupils and students, shall beheld liable for gross neglect ofduty.
  63. 63. Parental Responsibility The student while in school, is in thecustody and hence, the responsibility of theschool authorities as long as he is underthe control and influence of the school,whether the semester has not yet begun orhas already ended.In Amadora vs. CA, the Supreme Court said- “Even if the student is just relaxing in the campus x x x the student is still within the custody and subject to the discipline and responsibility of the teachers x x x.”
  64. 64.  Unreasonable Delay to Submit Students’ Grades A teacher should be held answerable for failure to submit grades or reports on time in accordance with the reasonable deadline. BP 232 mandates that teachers shall “(r)ender regular reports on performance of each student and to the latter and the latter’s parents or guardians with specific suggestions for improvement.”
  65. 65. In the recent case of University of the Eastvs. Romeo A. Jader, the Supreme Court, inno uncertain terms, declared-- “The court takes judicial notice of the traditional practice in educational institutions wherein (teacher) directly furnishes x x x students their grades. It is the contractual obligation of the school (through the teachers) to TIMELY INFORM AND FURNISH sufficient notice and information to each and every student x x x.”
  66. 66. “x x x The negligentact of a (teacher) whofails to observe the rulesof the school, forinstance, by notpromptly submitting astudent’s grade is notonly imputable to theteacher but is an act ofthe school being his/heremployer x x x.”
  67. 67.  Neglect to Keep School Records School Personnel do have the duty to keep the school records of each of his students. Duty is based on the pupils’/students’ or their parents’ rights to access to their own school records and the issuance thereof at least within thirty (30) days from request.
  68. 68. IMMORALITY School employees,particularly teachers and otheracademic personnel, aredefinitely bound by the rulethat immorality is a validcause for termination. For asteachers, they serve as anexample to the pupils and thestudents, especially duringtheir formative years.
  69. 69. TEACHERS AS PROFESSIONALS Duly licensed professionals whopossess dignity and reputation with highmoral values as well as technical andprofessional competence. In the practiceof their noble profession, they strictlyadhere to observe, and practice this setof ethical and moral principles, standardand values. (Preamble, Code of Ethics for Professional Teachers)
  70. 70. “Every teacher shall merit reasonablesocial recognition for which purpose he shallbehave with honor and dignity at all timesand refrain from such activities as gambling,smoking, drunkenness and other excesses,much less illicit relations.” (Code of Ethics, Article III, Section 3) “A teacher shall place premium upon self-respect and self-discipline as the principle ofpersonal behavior in all relationships withothers and in all situations.” (Code of Ethics, Article XI, Section 2)
  71. 71. “A teacher shall maintain at all times adignified personality which could serve asmodel worthy of emulation by learners,peers, and others.” (Code of Ethics, Article XI, Section 3)
  72. 72. Joseph Santos vs. NLRC, Hagonoy Institute, Inc. “As teacher, (one) serves as an example tohis/her pupils xxx. Consequently xxx teachers must adhere to theexacting standards of morality and decency. xxx Ateacher both in his official and personal conductmust display exemplary behavior.” He must freely and willingly accept restrictionson his conduct that might be viewed irksome xxxthe personal behavior of teachers, IN ANDOUTSIDE THE CLASSROOM, must be beyondreproach xxx they must observe a high standard ofintegrity and honesty.”
  73. 73. SERIOUS MISCONDUCT Misconduct is improper or wrongconduct. It is the transgression of someestablished and definite rule of action, aforbidden act, a dereliction of duty. Giving Failing Students Passing Grades They Did Not Deserve Section 79 of the MRPS provides that the final grade or rating given to a pupil or student in a subject should be based solely on his scholastic performance.
  74. 74. Thus, it is not a matter of discretionon the part of the teachers in the givingof the students’ grades, but rather it isa clear obligation for the teachers todetermine student academic markssolely based on scholastic performance.For a teacher to do otherwise, would beserious academic malpractice or gravemisconduct in the performance ofhis/her duties.
  75. 75.  Influencing a Co-Faculty to Change Grade In the case of Wilfredo T. Padilla vs. NLRCand San Beda College, the Supreme Courtsaid-- “This Court is convinced that the pressure and influence exerted by petitioner on his colleague to change a failing grade to a passing one, x x x constitute serious misconduct, which is a valid ground for dismissing an employee.”
  76. 76.  Failure to Maintain Confidentiality of School Records BP 232 provides that the students shall havethe right to “x x x the CONFIDENTIALITY of(their school records) which the School shallmaintain and preserve. • Confidentiality covers only STRICTLY confidential records 1) Personal records 4) Adoption papers 2) Academic 5) Medical/guidance records/ reports reports 3) Birth Certificates 6) Disciplinary records
  77. 77. Sale of Tickets; Collection of Contribution/ Donations from Pupils / Parents BP 232, Sec. 9 (9) - students have right to be freefrom (voluntary) involuntary contributions Improper or unauthorized solicitation of contributions from parents and school childrenVIII, 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other than what is authorized for such service.
  78. 78. Anita Y. Salvarria vs. Letran College, et al. (296 SCRA 184)The Supreme Court declared-- “Petitioner contended that her dismissal was arbitrarily x x x, having been effected without just cause, on the premise that the solicitation of funds x x x was initiated by the students and that her participation was merely limited to approving the same. x x x”
  79. 79. If there is one person moreknowledgeable of x x x policy againstillegal exactions from students, itwould be x x x Salavarria. Hence, regardless of who initiatedthe collections, the fact that the samewas approved or indorsed bypetitioner, made her ‘in effect theauthor of the project.’”
  80. 80.  Contracting Loans from Students/Parents “ x x x the Department considers the act of teachers in “x x x contracting loans from parents of their students x x x” not only a serious misconduct based on Art. 282 (a) of the Labor Code, but is likewise a violation of a student’s right “x x x to be free from involuntary contribution x x x” (Sec. 9 (9) of BP 232).” Usec. Antonio E.B. Nachura
  81. 81. CONTRACTING LOANS IS GRAVE OFFENSE … because reprehensible behavior such as the use of trust relationship as leverage for borrowing money is involved. … to avoid exertion of undue influence by teachers over the students or their parents
  82. 82. WILLFUL DISOBEDIENCE The orders, regulations, or instructions ofthe employer or representative must be: 1. Reasonable and lawful 2. Sufficiently known to the employee; and 3. In connection with the duties which the employee has been engaged to discharge
  83. 83.  Refusal to Relinquish Teaching as Required by School Administration In Cruz vs. Medina, a faculty who rosefrom the rank to the Deanship, but refusedto relinquish her teaching load even afteraccepting the Dean’s position and requiredto by Administration the Supreme Courtstated-- “x x x Considering the fact that she was holding a managerial position, her refusal to abide by the lawful orders of her employers would lead to the erosion of the trust and confidence reposed on her.”
  84. 84. ISSUES Disobedience to Transfer-- It is management’s prerogative to transfer an employee from one office to another within the school system, provided that it does not amount to a demotion in rank or diminution in pay.-- Only limitation is mala fides. That is, the employer cannot exercise this right is where it is vitiated by improper motive;-- Employee may disobey an inconvenient transfer.
  85. 85.  Refusal to Accept Promotion- This is not insubordination. Nolaw exists compelling theacceptance of a promotion, sincethis takes the nature of a gift whicha person has the right to refuse.- A transfer may be refused by theemployee if the transfer is coupledwith or is in the nature of apromotion.
  86. 86. REQUIREMENT OF DUE PROCESS For termination of employment, thefollowing standards on just causes asdefined in Article 282 of the Labor Code: a) A written notice served on the employee specifying the ground for termination, and giving employee reasonable opportunity to explain his side;
  87. 87. b) A hearing during which the employee is given the opportunity to respond to the charge, present his evidence or rebut the evidence presented against him; andc) A written notice of termination served indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.
  88. 88. SAMPLE NOTICE: Pursuant to the pertinent provision of the Manualof Regulations for Private Schools and the LaborCode, you are hereby charged of ________________,an offense punishable by ____________, which wasallegedly committed as follows: (Attached copy of the complaint, if any) Considering the foregoing, you are hereby requiredto explain in writing within three (3) days fromreceipt of this notice why no disciplinary actionshould be taken against you. Failure on your part toanswer said charges within the prescribed periodshall be deemed a waiver of your right to be heardand the case shall be resolved on the basis of theevidence available at hand.Very truly yours,
  89. 89. The SERRANO DOCTRINE In Serrano vs. NLRC and IsetannDepartment Store, payment of backwagesno longer limited to 3 years only. “x x x We hold, therefore, that, with respect to Art. 283 of the Labor Code, the employer’s failure to comply with the notice requirement does not constitute a denial of due process but a mere failure to observe a procedure for the termination of employment which makes the termination of employment merely ineffectual.”
  90. 90. Halley’s Comet A memorandum, as it goes down the chain of command in an educational institution.
  91. 91. SUBJECT : Operation Halley’s CometFROM : Chairman of the Board of TrusteesTO : The President Tomorrow evening at approximately eight (8) p.m., Halley’s Comet will be visible in this area, an event which occurs only once every seventy five (75) years. Have the students fall out in the football field in uniforms and I will explain this rare phenomenon to them. In case of rain, we will not be able to see anything, so assemble the students in the auditorium and I will show them film of it.
  92. 92. FROM : The PresidentTO : Vice President for Academic Affairs By order of the Chairman of the Board, tomorrow, at eight in the evening, Halley’s Comet will appear above the football field, if it rains, fall the students out in uniforms. Then lead them to the auditorium where the rare phenomenon will take place, something which occurs only once every seventy five years.
  93. 93. FROM : Vice President for Academic AffairsTO : College Dean By order of the Chairman of the Board, in uniform, at eight o’clock in the evening tomorrow, the phenomenal Halley’s Comet will appear in the auditorium. In case of rain in the football field, the Chairman of the Board will give another order, something which occurs once every seventy five years.
  94. 94. FROM : Dean of CollegeTO : Academic Coordinators Tomorrow at eight o’clock in the evening, the Chairman of the Board will appear in the auditorium with Halley’s Comet, something which happens every seventy-five years. If it rains, the Chairman of the Board will order the COMET into the football area in uniform.
  95. 95. FROM : Academic CoordinatorsTO : Department Heads When it rains tomorrow at eight in the evening, the phenomenal, seventy-five year old Chairman Halley, accompanied by the President will drive his Comet thru the football field area theater in uniform.
  96. 96. -END-