Rights and Obligations of School Personnel in Catholic Schools

Rights and
Obligations of
Personnel in
Catholic Schools
Atty. Joseph Noel M. Estrada
May 13, 2016

Classification of School Personnel:
• School Head refers to the
chief executive officer of a
private school
• Other School Officials
include other school officers
including teachers who are
occupying supervisory positions
of responsibility and are
involved in policy
implementation in a private
school.

• Academic Personnel includes all
school personnel who are formally engaged
in actual teaching service or in research
assignments, either on full-time or part-
time basis, as well as those who possess
certain prescribed academic functions
directly supportive of teaching, such as
registrars librarians, guidance counsellors,
researchers, and other similar persons.
They may include school officials
responsible for academic matters and other
school officials.
• Non-academic personnel means
school personnel usually engaged in
administrative functions who are not
covered under the definition of academic
personnel. They may include school
officials.
SOURCE: SECTION 5, RMRPSBE (D.O. 88,
S. 2010)

Rights of all School Personnel
• In addition to other rights provided for by law, the following
rights shall be enjoyed by all school personnel:
• 1. The right to free expression of opinion and suggestions, and
to effective channels of communication with appropriate
academic and administrative bodies of the school or
institution.
• 2. The right to be provided with free legal service by the
appropriate government office in the case of public school
personnel, and through the school authorities concerned in
the case of private school personnel, when charged in an
administrative, civil and/or criminal proceedings by parties
other than the school or regulatory authorities concerned for
actions committed directly in the lawful discharge of
professional duties and/or in defense of school policies.

Rights of all School Personnel
• 3. The right to establish, join and maintain labor
organizations and/or professional and self-
regulating organizations of their choice to
promote their welfare and defend their interests.
• 4. The right to be free from involuntary
contributions except those imposed by their own
organizations.
• Source: Section 10, BP 232

Section 11.
Special
Rights and/or
Privileges of
Teaching or
Academic
Staff -
1. The right to be free from compulsory assignments not
related to their duties as defined in their appointments or
employment contracts, unless compensated therefor,
conformably to existing law.
2. The right to intellectual property consistent with
applicable laws.
3. Teachers shall be deemed persons in authority when in
the discharge of lawful duties and responsibilities, and
shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose
alternative career lines either in school administration, in
classroom teaching, or others, for purposes of career
advancement.

• Section 12. Special Rights of School
Administration - School
administrators shall, in accordance
with existing laws, regulations and
policies of the Ministry of Education,
Culture and Sports, be accorded
sufficient administrative discretion
necessary for the efficient and
effective performance of their
functions.
• School administrators shall be
deemed persons in authority while in
the discharge of lawful duties and
responsibilities, and shall therefore
be accorded due respect and
protection.
• Source: BP 232

School Administrators' Obligations
1. Perform his
duties to the
school by
discharging his
responsibilities
in accordance
with the
philosophy,
goals and
objectives of
the school.
2. Be
accountable
for the
efficient and
effective
administration
and
management
of the school.
3. Develop and
maintain a healthy
school
atmosphere
conducive to the
promotion and
preservation of
academic freedom
and effective
teaching and
learning, and to
harmonious and
progressive
school-personnel
relationship.
4. Assume and
maintain
professional
behavior in his
work and in
dealing with
students,
teachers,
academic non-
teaching
personnel,
administrative
staff, and parents
or guardians.

SOURCE: Section 17, BP 232
5. Render adequate
reports to teachers,
academic non-
teaching personnel
and non-academic
staff on their actual
performance in
relation to their
expected
performance and
counsel them on
ways of improving
the same.
6. Observe due
process, fairness,
promptness,
privacy,
constructiveness
and consistency in
disciplining his
teachers and other
personnel.
7. Maintain
adequate records
and submit
required reports to
the Ministry of
Education, Culture
and Sports.

Obligations of Academic Non-Teaching
Personnel :
• 1. IMPROVE himself professionally be
keeping abreast of the latest trends and
techniques in his profession.
• 2. Assume, promote and maintain an
ATMOSPHERE CONDUCIVE TO SERVICE
AND LEARNING.
• 3. Promote and maintain an atmosphere
conducive to service and learning.
• SOURCE: Section 18, BP 232

Teacher's Obligations - Every teacher shall:
SOURCE: Section 16, BP 232
1. Perform his duties to the school by
discharging his responsibilities in accordance
with the philosophy, goals, and objectives of
the school.
2. Be accountable for the efficient and effective
attainment of specified learning objectives in
pursuance of national development goals
within the limits of available school resources.
3. Render regular reports on performance of
each student and to the latter and the latter's
parents and guardians with specific suggestions
for improvement.

4. Assume the responsibility to maintain
and sustain his professional growth and
advancement and maintain
professionalism in his behavior at all
times.
5. Refrain from making deductions in
students' scholastic rating for acts that
are clearly not manifestations of poor
scholarship.
6. Participate as an agent of constructive social,
economic, moral, intellectual, cultural and
political change in his school and the community
within the context of national policies.

Teachers are
likewise called
upon to pursue
training and
development for
their
professional
growth so that
they may keep
up with the
global trends in
education.
This is not
optional
for
teachers.
It is an
obligation

“4. Assume the
responsibility to maintain
and sustain his
professional growth and
advancement and maintain
professionalism in his
behavior at all times.”

The Code of Ethics for
Professional Teachers provides:
•
• Section 2. Every teacher shall uphold the
highest possible standards of quality
education, shall make the best
preparations for the career of teaching,
and shall be at his best at all times and
in the practice of his profession.

Meet
18
Meet your P.E. Teacher

Section 3. Every teacher shall pursue such other
studies as will improve his efficiency, enhance the
prestige of the profession, and strengthen his
competence, virtues, and productivity in order to be
nationally and internationally competitive.

Integrity and Morality
Aside from
professional
competence and
growth, the teacher is
also called upon to
maintain his integrity
and morality.

• Disgraceful or
immoral conduct
inside or outside
the school campus
may cause the
termination of a
teacher or faculty.
23

Borrowing Money
In the case of Pearl S. Buck
Foundation, Inc. vs. NLRC (182 SCRA
446 [1990]) the Court ruled, stating that
—
“Borrowing money is neither dishonest, nor
immoral, nor illegal, much less criminal. (Medical
Doctors, Inc. [Makati Medical Center] v. NLRC,
136 SCRA 1 [1985]) However, said act becomes
a serious misconduct that may justly be
asserted as a ground for dismissal when
reprehensible behavior such as the use of a
trust relationship as a leverage for borrowing
money is involved.”

Unauthorized Collections
“xxxx regardless of who initiated the
collections, the fact that the same was
approved or indorsed by petitioner, made her
"in effect the author of the project."
It hardly needs reminding that, in view of
their position and responsibility, those in
the teaching profession must demonstrate
a scrupulous regard for rules and policies
as befits those who would be role models
for their young charges.
(Anita Salavarria vs. Letran College G.R. No.
110396. September 25, 1998)

Cheryll Santos Leus,
versus
St. Scholastica’s College Westgrove

It isn’t
premarital sex
if you have no
intention
of getting
married.

Cheryll Santos Leus was
hired by SSCW as a non-
teaching personnel,
engaged in pre-marital
sexual relations, got
pregnant out of wedlock,
married the father of her
child, and was
DISMISSED by SSCW.
HI, I’m CHERYLL
YOU’RE
FIRED!

According to SSWC
Termination of
Petitioner is a valid
exercise of
SSCW’s
management
prerogative.
SSCW as a
Catholic school
exclusively for
young girls, would
lose credibility.
Petitioner should have
strived to maintain the
honor, dignity and
reputation of SSCW as
a Catholic school.

According to the Petitioner
Pre-marital sex between two consenting adults without
legal impediment to marry each other does not fall
under “disgraceful and immoral conduct” and “serious
misconduct” under the Manual and the Labor Code.
That the pregnancy would set a bad example to
students is speculative and imaginary.
The dismissal constitutes grave abuse of discretion of
SSCW.

ISSUE:
Whether pregnancy out of
wedlock by an employee of a
Catholic educational institution
is a cause for the termination of
her employment.

Alleged disgraceful and immoral
conduct must be assessed against
the prevailing norms of conduct.
the determination of whether a
conduct is disgraceful or immoral
involves a two-step process: first, a
consideration of the totality of the
circumstances surrounding the
conduct; and second, an assessment
of the said circumstances vis-à-vis
the prevailing norms of conduct, i.e.,
what the society generally considers
moral and respectable.

Public and secular morality
should determine the
prevailing norms of conduct,
NOT religious morality.
The distinction between public
and secular morality and
religious morality is important
because the jurisdiction of the
Court extends only to public
and secular morality.

The morality referred to in the law is
public and necessarily secular, not
religious.
Otherwise, if government relies upon religious
beliefs in formulating public policies and morals,
the resulting policies and morals would require
conformity to what some might regard as
religious programs or agenda.
Accordingly, in order for a conduct to be
considered as disgraceful or immoral, it must be
“‘detrimental (or dangerous) to those conditions
upon which depend the existence and progress
of human society’ and not because the conduct is
proscribed by the beliefs of one religion or the
other.”

When the affair is NOT immoral
“With the finding that there is no substantial evidence of the imputed
immoral acts, it follows that the alleged violation of the Code of Ethics
governing school teachers would have no basis. Private respondent
utterly failed to show that petitioner took advantage of her position to court
her student. If the two eventually fell in love, despite the disparity in
their ages and academic levels, this only lends substance to the
truism that the heart has reasons of its own which reason does not
know. But, definitely, yielding to this gentle and universal emotion is not to
be so casually equated with immorality. The deviation of the
circumstances of their marriage from the usual societal pattern cannot be
considered as a defiance of contemporary social mores.” (Evelyn Chua-
Qua vs. Hon. Jacobo Clave, G.R. No. 49549. August 30, 1990)

Love has
reasons of its
own…
Which reason
does not
know…

Student Discipline
In the case of Jose S. Angeles
vs. Hon. Rafael Sison; G.R. No.
L-45551 February 16, 1982, the
Supreme Court declared:
“A college or any school for that
matter, has a dual responsibility to
its students. One is to provide
opportunities for learning and the
other is to help them grow and
develop into mature, responsible,
effective and worthy citizens of the
community. Discipline is one of the
means to carry out the second
responsibility.”

“I called you because
your son is
misbehaving in class.”

•
“He is also misbehaving
at home.
Pinatawag ba kita?”

SUBSTITUTE PARENTAL
AUTHORITY
• Substitute parental authority can only be
exercised within the school premises and it shall
be exercised only to protect and promote the
physical, mental and moral well-being of the
students.
(DepEd Memo 297 Series of 2006, Prohibiting Acts Constituting
Violations of RA 7610)

PARENTAL AUTHORITY
FC Art. 220. The parents and those exercising
parental authority shall have with the respect to their
unemancipated children on wards the following
rights and duties:
(1) To keep them in their company, to support,
educate and instruct them by right precept and good
example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and
counsel, companionship and understanding;
(3) To provide them with moral and spiritual
guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them
compliance with the duties of citizenship; 42

PARENTAL AUTHORITY
(4) To furnish them with good and
wholesome educational materials, supervise
their activities, recreation and association with
others, protect them from bad company, and
prevent them from acquiring habits detrimental
to their health, studies and morals;
(5) To represent them in all matters
affecting their interests;
(6) To demand from them respect and
obedience;
(7) To impose discipline on them as may be
required under the circumstances; and
(8) To perform such other duties as are
imposed by law upon parents and guardians.
(316a)
43

Authority of the School To Discipline
• “xxx there are instances when the school might be called
upon to exercise its power over its student or students for
acts committed outside the school and beyond school
hours in the following:

• a) In cases of violations of school policies or
regulations occurring in connection with a school
sponsored activity off-campus; or
• b) In cases where the misconduct of the student
involves his status as a student or affects the good
name or reputation of the school.” (Angeles vs. Sison)
• c) In cases where misconduct is committed in
cyberspace. (Vivares vs. STC)

46
Family Code Art. 233. The person
exercising substitute parental
authority shall have the same
authority over the person of the
child as the parents.
In no case shall the school
administrator, teacher of
individual engaged in child care
exercising special parental
authority inflict corporal
punishment upon the child.

Anti-Corporal Punishment
(Under DepEd Order No. 40, s. 2012)
• Blows such as, but not limited to, beating, kicking, hitting,
slapping, or lashing, of any part of a child’s body, with or without
the use of an instrument such as, but not limited to a cane,
broom, stick, whip or belt;
• Striking of a child’s face or head, such being declared as a “no
contract zone”;
• Pulling hair, shaking, twisting joints, cutting or piercing skin,
dragging, pushing or throwing of a child;
• Forcing a child to perform physically painful or damaging acts
such as, but not limited to, holding a weight or weights for an
extended period and kneeling on stones, salt, pebbles or other
objects;
• Deprivation of a child’s physical needs as a form of punishment;

• Deliberate exposure to fire, ice water, smoke, sunlight, rain, pepper, alcohol, or
forcing the child to swallow substances, dangerous chemicals, and other
materials that can cause discomfort or threaten the child’s health, safety and
sense of security such as, but not limited to insecticides, excrement or urine;
• Tying up a child;
• Confinement, imprisonment or depriving the liberty of a child;
• Verbal abuse or assaults, including intimidation or threat of bodily harm,
swearing or cursing, ridiculing or denigrating the child
• Forcing a child to swear a sign, to undress or disrobe, or put on anything that
will make a child look or feel foolish, which belittles or humiliates the child in
front of others;
• Permanent confiscation of personal property of pupils, students or learners,
except when such pieces of property pose a danger to the child or to others,
and
• Analogous acts.

George Bongalon vs. People of the
Philippines, GR 169533, March 20, 2013• “Not every instance of the laying of
hands on a child constitutes the
crime of child abuse under Section
10 (a) of Republic Act No. 7610.
Only when the laying of hands is
shown beyond reasonable doubt to
be intended by the accused to
debase, degrade or demean the
intrinsic worth and dignity of the
child as a human being should it be
punished as child abuse. Otherwise,
it is punished under the Revised
Penal Code.”

Child - refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or
condition. (RA 7610)
“D.O. 40, For purposes of this Department Order the term also
includes pupils or students who may be eighteen (18) years
of age or older but are in school.”

Convention on the Rights of the Child
• For the purposes of the
present Convention, a child
means every human being
below the age of eighteen
years unless under the law
applicable to the child,
majority is attained earlier.

Security of Tenure
• “Security of tenure, while
constitutionally
guaranteed, cannot be
used to shield
incompetence or deprive
an employer of its
prerogatives under the
law.”

Right to Security of Tenure
• Section 63. Probationary Period; Regular or
Permanent Status. A probationary period of
not more than three years in the case of the
school teaching personnel and not more than
six months for non-teaching personnel shall
be required for employment in all private
schools. A school personnel who has
successfully undergone the probationary
period herein specified and who is fully
qualified under the existing rules and
standards of the school shall be considered
permanent.
• Source: DO 88, s. 2010

LABOR CODE
• Art. 281. Probationary employment.
Probationary employment shall not
exceed six (6) months from the date the
employee started working, unless it is
covered by an apprenticeship agreement
stipulating a longer period. The services
of an employee who has been engaged on
a probationary basis may be terminated for
a just cause or when he fails to qualify as a
regular employee in accordance with
reasonable standards made known by the
employer to the employee at the time of his
engagement. An employee who is
allowed to work after a probationary
period shall be considered a regular
employee.

DOLE-DECS-CHED-TESDA Order No. 01, series of 1996,
"Guidelines on Status of Employment of Teachers and of Academic
Personnel in Private Educational Institutions”:
• 2. Subject in all instances to compliance with the concerned agency and school
requirements, the probationary period for teaching or academic personnel shall not be
more than three (3) consecutive school years of satisfactory service for those in the
elementary and secondary levels; six (6) consecutive regular semesters of
satisfactory service for those in the tertiary and graduate levels, and nine (9)
consecutive trimesters of satisfactory service for those in the tertiary level where
collegiate courses are offered on a trimester basis.
• Unless otherwise provided by contract, school academic personnel who are under
probationary employment cannot be dismissed during the applicable probationary
period, unless dismissal is compelled by a just cause or causes.
• 3. Teachers or academic personnel who have served the probationary period as
provided for in the immediately preceding paragraph shall be made regular or
permanent if allowed to work after such probationary period. The educational
institution, however, may shorten the probationary period after taking into account the
qualifications and performance of the probationary teachers and academic personnel.

•Full-time teaching or academic personnel are those meeting all the
following requirements:
• 3.1. Who possess AT LEAST THE MINIMUM ACADEMIC QUALIFICATIONS
prescribed by the Department of Education, Culture and Sports for Basic
Education, the Commission on Higher Education for Tertiary Education, and
the Technical Education and Skills Development Authority for Technical and
Vocational Education under their respective Manual of Regulations
governing said personnel;
• 3.2 Who are PAID MONTHLY OR HOURLY, BASED ON THE NORMAL OR
REGULAR TEACHING LOADS as provided for in the policies, rules and
standards of the agency concerned;
• 3.3 Whose REGULAR WORKING DAY OF NOT MORE THAN EIGHT (8)
HOURS a day is devoted to the school;
• 3.4 Who have NO OTHER REMUNERATIVE OCCUPATION elsewhere
requiring regular hours of work that will conflict with the working hours in
the school; and
• 3.5 Who ARE NOT TEACHING FULL-TIME IN ANY OTHER EDUCATIONAL
INSTITUTION.

All teaching or academic personnel who do not meet
the foregoing qualifications are considered part
time.
• 4. Part-time teaching or academic
personnel cannot acquire regular or
permanent employment status.
• 5. Teaching or academic personnel who do
not meet the minimum academic
qualifications shall not acquire tenure or
regular status. The school may terminate
their services when a qualified teacher
becomes available.

• In University of Sto. Tomas v. NLRC, we
ruled that for a private school teacher to
acquire permanent status in employment,
the following requisites must concur:
• (1) the teacher is a full-time teacher;
• (2) the teacher must have rendered
three consecutive years of service;
and
• (3) such service must have been
satisfactory.

Spouses Lim vs. Legazpi Hope Christian
School, G.R. No. 172818; March 31, 2009
• The burden is on petitioners to prove their
affirmative allegation that they are permanent
teaching personnel. However, there is not enough
evidence on record to show that their total working
day is devoted to the school. There is no showing of
what the regular work schedule of a regular teacher
in respondent school is. What is clear in the records
is that Evelyn and Alwyn spent two hours and four
hours, respectively, but not the entire working day,
at the respondent school. They do not meet
requirement c of Section 45 of the Manual. Hence,
we sustain the findings of the Court of Appeals that
the petitioners are part-time teachers. Being part-
time teachers, in accordance with University of Sto.
Tomas v. NLRC, they cannot acquire permanent
status.

Three-Year Probationary Period• In Rev. Fr. Labajo v. Alejandro,31 we held that:
• The three (3)-year period of service mentioned in paragraph 75 [of the
Manual of Regulations for Private Schools] is of course the maximum
period or upper limit, so to speak, of probationary employment allowed in
the case of private school teachers. This necessarily implies that a regular
or permanent employment status may, under certain conditions, be
attained in less than three (3) years. By and large, however, whether or
not one has indeed attained permanent status in one’s employment,
before the passage of three (3) years, is a matter of proof.
• There can be no dispute that the period of probation may be reduced if
the employer, convinced of the fitness and efficiency of a probationary
employee, voluntarily extends a permanent appointment even before the
three-year period ends. Conversely, if the purpose sought by the employer
is neither attained nor attainable within the said period, the law does not
preclude the employer from terminating the probationary employment on
justifiable ground; or, a shorter probationary period may be incorporated in
a collective bargaining agreement. But absent any circumstances which
unmistakably show that an abbreviated probationary period has been
agreed upon, the three-year probationary term governs.32

In Pena vs. NLRC, [G.R. No. 100629.
July 5, 1996], the Supreme Court
declared that:
“It is the prerogative of the school to set
high standards of efficiency for its teachers
since quality education is a mandate of the
Constitution. As long as the standards fixed
are reasonable and not arbitrary, courts are
not at liberty to set them aside. Schools
cannot be required to adopt standards which
barely satisfy criteria set for government
recognition.”

Fixed Term Employment vs.
Probationary Status
• As we made clear in the afore-cited case of Magis Young
Achievers’ Learning Center, the teacher remains under
probation for the entire duration of the three-year period.
Subsequently, in the case of Mercado v. AMA Computer
College-Parañaque City, Inc.39 the Court, speaking
through Justice Arturo D. Brion, recognized the right of
respondent school to determine for itself that it shall use
fixed-term employment contracts as its medium for
hiring its teachers. Nevertheless, the Court held that the
teachers’ probationary status should not be disregarded
simply because their contracts were fixed-term.

If we pierce the veil, so to speak, of the
parties’ so-called fixed-term employment
contracts, what undeniably comes out at
the core is a fixed-term contract
conveniently used by the school to define
and regulate its relations with its teachers
during their probationary period.

Under the terms of the Labor Code, these
standards should be made known to the
teachers on probationary status at the start
of their probationary period, or at the very
least under the circumstances of the present
case, at the start of the semester or the
trimester during which the probationary
standards are to be applied. Of critical
importance in invoking a failure to meet the
probationary standards, is that the school
should show – as a matter of due process –
how these standards have been applied.

Source: Universidad de Sta. Isabel vs. Sambajon, Jr., G.R. Nos. 196280 & 196286;
April 2, 2014
Article 281 should assume primacy and the fixed-
period character of the contract must give way.
This conclusion is immeasurably strengthened by
the petitioners’ and the AMACC’s hardly concealed
expectation that the employment on probation
could lead to permanent status, and that the
contracts are renewable unless the petitioners fail
to pass the school’s standards

List of Statutory Benefits
• MINIMUM WAGE
•
• Basis: normal working hours of eight (8) hours a day.
•
• The wage increases prescribed under Wage Orders apply to all
private sector workers and employees receiving the daily minimum
wage rates or those receiving up to a certain daily wage ceiling,
where applicable, regardless of their position, designation or status,
and irrespective of the method by which their wages are paid,

• OVERTIME PAY (Article 87)
•
• Overtime pay refers to the additional compensation for work
performed beyond eight (8) hours a day.
• Overtime Pay Rates
• The minimum overtime pay rates vary according to the day the
overtime work is performed, as follows:
• For work in excess of eight (8) hours performed on ordinary working
days: Plus 25% of the hourly rate.
• For work in excess of eight (8) hours performed on a scheduled rest

• SERVICE INCENTIVE LEAVE (Article 95)
•
• Every employee who has rendered at least one (1) year of service is entitled to Service
Incentive Leave (SIL) of five (5) days with pay.
•
• The phrase “one year of service” of the employee means service within twelve (12)
months, whether continuous or broken, reckoned from the date the employee started
working. The period includes authorized absences, unworked weekly rest days, and
paid regular holidays. If through individual or collective agreement, company practice
or policy, the period of the working days is less than twelve (12) months, said period
shall be considered as one year for the purpose of determining the entitlement to the
service incentive leave.
•
• The service incentive leave may be used for sick and vacation leave purposes. The
unused service incentive leave is commutable to its money equivalent at the end of
the year. In computing, the basis shall be the salary rate at the date of conversion.

• MATERNITY LEAVE (RA 1161, as amended by RA 8292)
•
• Every pregnant employee in the private sector, whether married or unmarried, is entitled to
maternity leave benefit of sixty (60) days in case of normal delivery or miscarriage, or seventy-
eight (78) days, in case of Caesarian section delivery, with benefits equivalent to one hundred
percent (100%) of the average daily salary credit of the employee as defined under the law.
•
• To be entitled to the maternity leave benefit, a female employee should be an SSS member
employed at the time of her delivery or miscarriage; she must have given the required notification
to the SSS through her employer; and her employer must have paid at least three monthly
contributions to the SSS within the twelve-month period immediately before the date of the
contingency (i.e., childbirth or miscarriage).
•
• The maternity leave benefit, like other benefits granted by the Social Security System (SSS), is
granted to employees in lieu of wages. Thus, this may not be included in computing the employee’s
thirteenth-month pay for the calendar year.

• PATERNITY LEAVE (RA 8187)
•
• Paternity Leave is granted to all married male employees in the
private sector, regardless of their employment status (e.g.,
probationary, regular, contractual, project basis). The purpose of this
benefit is to allow the husband to lend support to his wife during her
period of recovery and/or in nursing her newborn child.
•

• Paternity leave benefit shall apply to the first four (4) deliveries of
the employee’s lawful wife with whom he is cohabiting.
•
• The paternity leave shall be for seven (7) calendar days, with full
pay, consisting of basic salary and mandatory allowances fixed by the
Regional Wage Board, if any, provided that his pay shall not be less
than the mandated minimum wage.
•
• Usage of the paternity leave shall be after the delivery, without
prejudice to an employer’s policy of allowing the employee to avail of
the benefit before or during the delivery, provided that the total
number of days shall not be more than seven (7) calendar days for
each covered delivery.

• Conditions for Entitlement
•
• He is an employee at the time of the delivery of his child;
• He is cohabiting with his spouse at the time that she gives birth or
suffers a miscarriage;
• He has applied for paternity leave with his employer within a
reasonable period of time from the expected date of delivery by his
pregnant spouse, or within such period as may be provided by
company rules and regulations, or by collective bargaining
agreement; and
• His wife has given birth or suffered a miscarriage.

• Non-conversion to Cash
•
• In the event that the paternity leave is not availed of, it shall not be
convertible to cash and shall not be cumulative.

• PARENTAL LEAVE FOR SOLO PARENTS (RA 8972)
•
• Parental leave for solo parents is granted to any solo parent or individual who is left alone with
the responsibility of parenthood due to:
•
• Giving birth as a result of rape or, as used by the law, other crimes against chastity;
• Death of spouse;
• Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
• Physical and/or mental incapacity of spouse as certified by a public medical practitioner;
• Legal separation or de facto separation from spouse for at least one (1) year: Provided that he/she
is entrusted with the custody of the children;
• Declaration of nullity or annulment of marriage as decreed by a court or by a church: Provided,
that he/she is entrusted with the custody of the children;
• Abandonment of spouse for at least one (1) year;

• Unmarried father/mother who has preferred to keep and rear
his/her child/children, instead of having others care for them or
give them up to a welfare institution;
• Any other person who solely provides parental care and support to a
child or children: Provided, that he/she is duly licensed as a foster
parent by the Department of Social Welfare and Development
(DSWD) or duly appointed legal guardian by the court; and
• Any family member who assumes the responsibility of head of family

• The Parental Leave Benefit
•
• The parental leave, in addition to leave privileges under existing laws, shall be
for seven (7) work days every year, with full pay, consisting of basic salary and
mandatory allowances fixed by the Regional Wage Board, if any, provided that
his/her pay shall not be less than the mandated minimum wage.
•
• Conditions for Entitlement
•
• He/she has rendered at least one (1) year of service, whether continuous or
broken;
• He/she has notified his/her employer that he/she will avail himself/herself of it,
within a reasonable period of time; and
• He/she has presented to his/her employer a Solo Parent Identification Card,

LEAVE FOR VICTIMS OF VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN (RA 9262)
• In addition to other paid leaves under existing labor laws, company
policies, and/or collective bargaining agreements, the qualified victim-
employee shall be entitled to a leave of up to ten (10) days with full pay,
consisting of basic salary and mandatory allowances fixed by the
Regional Wage Board, if any.
•
• The said leave shall be extended when the need arises, as specified in
the protection order issued by the barangay or the court.
•
• The usage of the ten-day leave shall be at the option of the woman
employee. In the event that the leave benefit is not availed of, it shall
not be convertible into cash and shall not be cumulative.
•

• THIRTEENTH-MONTH PAY (PD 851)
•
• All employers are required to pay their rank and file employees
thirteenth-month pay, regardless of the nature of their employment
and irrespective of the methods by which their wages are paid,
provided they worked for at least one (1) month during a calendar
year. The thirteenth-month pay should be given to the employees not
later than December 24 of every year.
•
• The thirteenth-month pay shall not be less than one-twelfth (1/12) of
the total basic salary earned by an employee in a calendar year.

• Thirteenth-Month Pay of Resigned or Separated Employee
•
• An employee who has resigned or whose services are terminated at
any time before the time of payment of the thirteenth-month pay is
entitled to this monetary benefit in proportion to the length of time
he or she has worked during the year, reckoned from the time he or
she has started working during the calendar year up to the time of
his or her resignation or termination from the service

RETIREMENT PAY (Article 287, as
amended by RA 7641)
• Coverage
• Employees shall be retired upon reaching the age of sixty (60) years
or more but not beyond sixty-five (65) years old [and have served the
establishment for at least five (5) years].
• This benefit applies to all employees except:
• 1) government employees;
• 2)employees of retail, service and agricultural
establishments/operations regularly employing not more than ten
(10) employees.
•

• Amount of Retirement Pay
•
• The minimum retirement pay shall be equivalent to one-half (1/2) month salary
for every year of service, a fraction of at least six (6) months being considered as
one (1) whole year.
•
• For the purpose of computing retirement pay, "one-half month salary" shall
include all of the following:
•
• Fifteen (15) days salary based on the latest salary rate;
• Cash equivalent of five (5) days of service incentive leave;
• One-twelfth (1/12) of the thirteenth-month pay. (1/12 x 365/12 = .083 x 30.41 =
2.52)

G.R. No. 189456
CHIANG KAI SHEK COLLEGE and
CARMELITA ESPINO, Petitioners,
vs.
ROSALINDA M. TORRES, Respondent.
84

Issue: Can a school suspend
an erring faculty, instead of an
outright dismissal with
agreement to voluntarily resign
at the end of the SY?
85

While respondent did not tender
her resignation wholeheartedly,
circumstances of her own making
did not give her any other option.
With due process, she was found
to have committed the grave
offense of leaking test questions.
Dismissal from employment was
the justified equivalent penalty.
Having realized that, she asked
for, and was granted, not just a
deferred imposition of, but also
an acceptable cover for the
penalty.
87

Petitioners should not be punished for being compassionate and
granting respondent's request for a lower penalty. Put differently,
respondent should not be rewarded for reneging on her promise to
resign at the end of the school year. Otherwise, employers placed
in similar situations would no longer extend compassion to
employees. Compromise agreements, like that in the instant case,
which lean towards desired liberality that favor labor, would be
discouraged.
88

Mobile No. 09998817412
Email:
jnmestrada@geailaw.com
Instagram: @attyerap
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Joseph Noel Estrada
Thank you!

Rights and Obligations of School Personnel in Catholic Schools

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