FACTS

- In 1992, DECS issued the Revised Manual of Regulations for Private Schools requiring college faulty members to
have a master’s degree as a minimum educational qualification for acquiring regular status

- In 119, UE and UE Faculty Association executed a 5-year CBA w/c provided that UE shall extend only
semester-to-semester appointments to faculty staffs who didnt possess the minimum qualifications.

- On Feb 7, 1996, several agencies issues DECS-CHED-TESDA-DOLE Joint Order 1 w/c reiterated the policy in the
Manual of Regulations. Because of this, UE President issued a University Policy that starting SY 1996-1997, it would
hire those who have no post grad units or master’s degree for its college teaching staff, in absence of qualified
applicants, only on a sem to sem basis

- UE hired respondents Mariti Bueno in 1997 and Analiza Pepanio in 2000, both on a sem to sem basis. They dont
qualify for probationary or regular statues because they lacked post grad degrees

- Bueno enrolled in PNU in 6 post grad subjects but didnt finish. Pepanio earned 27 units at Gregorio Araneta
University Foundation but no longer credited because she failed to continue w/in 5 years.

- In 2001, UE and UE Faculty Association entered into a new CBA that the school would extend probationary full time
appointments to full time faculty members who dont the required post grad degree proved that they comply with
requirement with in the probationary period. UE extended probationary appointments to respondents.

- 2 years later, Dean of UE College of Arts and Sciences, Eleanor Javier (petitioner), sent notice to the faulty reminding
them of the expiration of probationary status of those lacking the qualification by the end of the 1 st semester of SY
2003-2004. Pepanio replied stating she enrolled in PUP and Bueno was not interest in acquiring tenure.

- Dean issued a memo stating she would recommend extension for 2 sems for those who want it based on wished of
the UE President. Pepanio requested for 3 sems but was denied. UE wrote to respondents extending their
probationary period but both no longer reported for work

- Bueno later wrote to UE demanding it to consider her as regular employee based on 6.5 years of service on full load
basis given that UE hired her while the 1994 CBA was in effect. Pepanio made the same demand. UE didnt heed to
demands w/c lead to respondents filing an illegal dismissal case with labor Arbiter (LA).

- LA held the respondents were regular employees given that they taught for 4 semesters under old CBA and that the
new CBA cant deprive them of employment benefits. LA directed UE to reinstate respondents with backwages. UE
then appealed to NLRC.

- Respondents questioned the timeliness of the appeal to NLRC stating that postmaster’s certification that its office
received the mail containing LA’s decision on March 17, 2005 and informed Office of Atty. Mison but they only got the
letter on April 2005.” Bueno and Pepanio claim that the 10-day period for appeal should be counted from March 22,
2005, five days after the postmaster’s first notice to Atty. Mison to claim his mail.

- NLRC 3rd division set aside LA Decision, it rules that 4-sem probationary period didnt grant regular status and they
they had to meet the minimum qualifications. NO renewal was based on failure to obtain post grad degree.

- CA reinstated LA’s decision based on technicality and that 10 day appeal period lapsed already when UE filed for
appeal.

ISSUES

1. W/N UE filed a timely appeal to the NLRC from the decision of LA

2. Whether or not UE’s petition before this Court can be given due course given its failure to enclose a certification
from the UE Board of Trustees’ empowering petitioner Dean Javier to execute the verification and certification of
non-forum shopping

3. Whether or not UE illegally dismissed Bueno and Pepanio.

HELD

1. YES. UE filed a timely appeal.

- For completeness of service by registered mail, the reckoning period starts either (a) from the date of actual receipt of
the mail by the addressee or (b) after five days from the date he received the first notice from the postmaster. There
must be a conclusive proof, however, that the registry notice was received by or at least served on the
addressee before the five-day period begins to run.

- The records fail to shot that Atty. Mison received the registry notice from post office on March 22 that
required him to claim his mail. Respondents didnt present a copy evidencing such notice. The court
considered the receipt bearing the date of April 4.

2. YES, it can be given due course

- As a general rule, Board of Directors must authorize the person who signs the verification and
certification against non-forum shopping.

- Court held that authorization is not necessary when it is evident that the signatory is in position to verify
the correctness of allegation in the petition.

- Dean Javier is in position to verify the correctness of the allegation

3. NO, respondents were not illegally dismissed

- Policy requiring the minimum qualification was provided in the Manual of Regulations as early as 1992.

- In Escorpizo v University of Baguio, a school CBA must be read in conjunction with statutory and
administrative regulations governing faculty qualifications. Such regulations form part of a valid CBA w/o
need for parties to make express reference to it.

- Right to contract is subject to the limitation that the agreement must not be contrary to law

- BP 232 (Education Act of 1982) delegated the administration of education system to the Ministry of
Education, Culture and Sports (DepEd now). DECS was exercising its poser of regulation over educational
institutions.

- Requirement of masteral degree for tertiary education teachers in not unreasonable. Operation of
education institutions involves public interest. Government has the right to ensure that only qualified
persons are allowed to teach in such institutions

- Respondents were each given only semester-to-semester appointments from the beginning of their employment with
UE precisely because they lacked the required master's degree. It was only when UE and the faculty union signed
their 2001 CBA that the school extended petitioners a conditional probationary status subject to their obtaining a
master's degree within their probationary period. It is clear, therefore, that the parties intended to subject respondents'
permanent status appointments to the standards set by the law and the university.