Dear Atty. Angela,

I started teaching on a contractual and part-time basis for a private school in 2016 and in 2018. I was issued an appointment as Assistant Professor I and was later on promoted to Assistant Professor III. I taught until the second semester of schoolyear 2019-2020 when the school suddenly discontinued giving me teaching assignments without reason. I later learned that I was falsely accused of giving grades to students who do not attend class. I plan to file a case for illegal dismissal against the school for not applying proper due process before wrongly easing me out.

Daniela

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Dear Daniela,

Unfortunately, as you have admitted, you are only working as a part-time teacher in said school and have not attained regular or permanent status. Consequently, your services may be terminated by the school without undergoing the twin-notice or procedural due process.

A perusal of the various orders prescribing teaching loads shows that the regular full-time load of a faculty member is in the range of 15 units to 24 units a semester or term, depending on the courses taught. Part-time instructors carry a load of not more than 12 units. All teaching personnel who do not meet the foregoing qualifications are considered part-time.

The case of Saint Mary's University v. Court of Appeals, G.R. 157788 (8 March 2005) is instructive when it held that "since there is no showing that respondent worked on a full-time basis for at least three years, he could not have acquired permanent status. A part-time employee does not attain permanent status no matter how long he has served the school. And as a part-timer, his services could be terminated by the school without being held liable for illegal dismissal. Moreover, the requirement of twin-notice is applicable only to regular or permanent employees and could not be invoked by the respondent.

Further, in the absence of a specific agreement on the period of the contract of employment, it is presumed to be for a term or semester. After the end of each term or semester, the school does not have any obligation to give a teaching load to each and every part-time teacher. It did not amount to illegal dismissal of the part-time teacher."