Experience and qualification

Experience and solid work is not enough in getting a promotion. The required qualification standards must still be met. This is the ruling in this case of Ben.

Ben was a deck marine officer who was appointed on a permanent basis as Instructor I in the government owned National Maritime Polytechnic (NMP) on June 28,1989. Then he rose to the permanent position of Assistant Professor I and later as Associate Professor I. While teaching, he studied law and passed the bar in 1996. Hence he was also appointed as Officer-in-Charge of the Maritime Training Division and as NMP’s Chief Legal Counsel.

In 1996, he was again promoted to the rank of Professor I but under a mere temporary appointment. While holding such position, he studied International Maritime Law in Malta and finished his master’s degree in 2000. Later on he developed a module in maritime law for Marine Officers of the NMP and started teaching the subject.

But Ben’s temporary appointment as Professor I was merely renewed yearly from January 7, 2000 to January 7, 2003. On February 13, 2003 NMP informed Ben that it would be putting him under contractual employment from January 7, 2003 to June 30, 2003. On March 20, 2003 NMP again notified Ben that his temporary appointment as Professor I was being renewed effective April 1, 2003 and that the succeeding renewal of his appointment would be subject to his meeting the requirements of the position which is two years shipboard experience (on license) aside from 3 years teaching. To enable him to comply, NMP even considered him first priority for the Shipboard Rotation Scheme for 2003 and for holding 3rd Officer position on board ship. But Ben did not avail himself of said scheme nor submitted papers needed under the program. Instead he made several requests on which NMP had no action.

So on December 23, 2003, NMP wrote Ben that his appointment as Professor I would be renewed on contractual status effective January 5 to June 30, 2004. Ben agreed and signed the contract. But on June 30, 2004, NMP informed Ben that he was not to report for work anymore on the following day.

So on November 2, 2004, Ben appealed his case to the Civil Service Commission (CSC). But the CSC held that as holder of a temporary and contractual appointment Ben did not enjoy security of tenure. It further held that it was Ben’s fault that he did not take steps to remedy his deficiency of having a shipboard experience on license after holding the position of Professor I for 5 years.

But the Court of Appeals (CA) reversed the ruling of the CSC and ordered NMP to reinstate Ben to his previous position as Professor I and to pay his back salaries starting July 1, 2004. The CA declared that Ben’s 15 years teaching experience was sufficient compliance with the shipboard experience on license requirement of the NMP. Was the CA correct?

No. Ben had sufficient teaching experience but he did not have the required shipboard experience. In fact he did not board any vessel as a licensed 3rd Mate Officer. Despite the NMP’s repeated efforts to get him on board, Ben still did not bother to complete the required shipboard experience. Because of this NMP could only give him temporary appointment that did not provide security of tenure. Such appointment is terminable at the pleasure of the appointing power with or without cause. Thus when NMP did not further renew Ben’s contractual appointment, the same cannot be regarded as dismissal but an expiration of his term.

Ben’s numerous achievements here and abroad, his solid work, experience and expertise as well as his part in teaching Filipino seafarers cannot replace the need for him to meet the prescribed qualification standard for the position of Professor I. Such a standard is a mix of the formal education, experience, training, civil service eligibility, physical health and attitude that the job requires. They need to be met by those who seek the position. Ben did not (NMP and DOLE vs. Maceda, G.R. 185112, January 18, 2010). –Jose C. Sison (The Philippine Star)

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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E-mail at: jcson@pldtdsl.net