An agreement contrary to law has no effect

DearPAO, During our town fiesta, my brother institutions in our province, who gave his word that my brother will be given a teaching position in the institution’ s undergraduate program. My brother was so excited his documents and went to the institution to submit his requirements literature. Upon assessment by the school’s HumanResource (HR), they informed him that he could not be given a teaching position because he does not possess a master’ s degree. My brother insisted of a teaching position, but the HR personnel refused to process his application. Can my brother assert the verbal agreement between him and the college dean?

VicKie

Dear Vickie,

Parties to a contract are allowed to stipulate such terms and conditions as they may please, provided that such terms and conditions are not contrary to law, morals, good customs, public order, or public policy. If the terms and conditions set by the parties are contrary to law, morals, good customs, public order, or public policy, then the same cannot be asserted. To be precise, the New Civil Code of the Philippines provides:

“Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.

“Art. 1409. The following contracts are inexistent and void from the beginning: (1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; x x x”

Pursuant to the Manual of Regulations for Private Higher Education of 2008, a faculty member for undergraduate programs must be a holder of master’s degree and where applicable, be a holder of a professional license:

“Section 35. Minimum Faculty Qualifications. The minimum qualifications of a faculty in a higher educational institution shall be as follows:

“1) For undergraduate programs: “1. 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. However, in specific fields where there is dearth of holders of Master’s degree, a holder of a professional license requiring at least a bachelor’s degree may be qualified to teach. Any deviation from this requirement will be subject to regulation by the Commission. x x x”

Accordingly, your brother may not assert the verbal agreement between him and the college dean because such agreement has no binding effect considering that it is against the provisions of the Manual of Regulations for Private Higher Education of 2008. It may, perhaps, only be insisted upon if there is a concrete showing that there is a “dearthofholdersofMaster’sdegree” in such field.

The Supreme Court, in the case of Sonetal.vs.UniversityofSanto Tomasetal. (GR 211273, April 18, 2018, Ponente: Associate Justice Mariano del Castillo), said:

“As early as in 1992, the requirement of a Master’s degree in the undergraduate program professor’s field of instruction has been in place, through DECS (Department of Education, Culture and Sports) Order 92 (series of 1992, August 10, 1992) or the Revised Manual of Regulations for Private Schools. Article IX, Section 44, paragraph 1 (a) thereof provides that college faculty members must have a master’s degree in their field of instruction as a minimum qualification for teaching in a private educational institution and acquiring regular status therein.

“DECS Order 92, Series of 1992 was promulgated by the DECS in the exercise of its rule-making power as provided for under Section 70 of Batas Pambansa Blg. 232, otherwise known as the Education Act of 1982. As such, it has the force and effect of law. In University the requirement of a masteral degree for tertiary education teachers was held to be not unreasonable but rather in accord with the public interest.”

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’snote:DearPAOisadaily columnofthePublicAttorney’s Office.Questionsfor ChiefAcosta maybesenttodearpao@manilatimes.