Acting Appointments vs Security of Tenure: Clarifying Employment Rights in Philippine Schools

The distinction between a permanent appointment and an acting or temporary one is a frequent source of confusion in Philippine schools. A recent Supreme Court decision, Aklan College, Inc. v. Guarino (G.R. No. 152949, August 14, 2007), clarifies when a school employee may claim security of tenure in an administrative position. The ruling is essential reading for teachers, deans, and school administrators navigating the rules on appointments, qualifications, and termination.

The Case: A Teacher Who Wore Many Hats

Rodolfo Guarino was hired as an instructor by Aklan College in 1972. In 1974, he was appointed Acting Dean of the Commerce and Secretarial Department. In 1990, he was also designated Acting Personnel Director on a temporary basis, revocable at any time by the school's President or Rector.

After a one-year leave in 1991–1992, Guarino sought to return to his posts. The school refused to reinstate him as Acting Dean because he lacked a master's degree, a qualification required by regulations. The Acting Personnel Director position had already been filled by a regular appointee. Guarino filed an illegal dismissal case.

The Issue: Does an Acting Appointment Grant Tenure?

The central question was whether Guarino, having served as Acting Dean for over 17 years, acquired security of tenure in that administrative position. The school argued that acting appointments are temporary and revocable at will, citing the doctrine in La Salette of Santiago, Inc. v. NLRC (G.R. No. 82918, March 11, 1991).

The Supreme Court agreed with the school.

The Ruling: Acting Appointments Remain Temporary

The Court held that an acting appointment is essentially temporary and revocable. The holder may be removed anytime, even without cause or hearing. This principle applies with even greater force when the appointment is expressly made in an acting capacity.

The Court distinguished between faculty and administrative positions. While teachers can attain permanency in their teaching posts, teachers appointed as deans, directors, or department heads do not normally acquire a "second security of tenure" in those administrative roles. Guarino was never removed as an instructor—he was only stripped of his administrative designations.

The Qualification Requirement: No Vested Right

The Court also addressed the master's degree requirement. Under the 1970 Manual of Regulations for Private Schools (the version in effect at the time of dismissal), a college dean must hold an appropriate graduate degree. Guarino did not have one, despite receiving a scholarship to pursue an MBA.

The Court rejected the argument that 17 years of service cured the defect. Long service cannot confer qualifications a person does not possess. Nor could the school be estopped from invoking the requirement, since estoppel cannot validate an act prohibited by law.

Practical Takeaways

• Acting appointments are temporary. A designation as "acting" dean, director, or principal does not ripen into a permanent position, regardless of how long it lasts.
• No second tenure for administrators. Teachers who also hold administrative posts should not expect security of tenure in those administrative roles—only in their faculty positions.
• Qualifications matter. Regulatory requirements, such as graduate degrees for deans, are mandatory. A school cannot permanently appoint an unqualified person, and length of service does not substitute for credentials.
• No separation pay when teaching job remains. If an employee is removed only from an administrative post but retains a faculty position, there is no illegal dismissal and no entitlement to separation pay.
• Check the applicable regulations. The version of the Manual of Regulations in force at the time of the dismissal governs, not a later edition.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.