Do you remember your

favorite teacher?
G.R. NO. L-63122,
FEB. 20, 1984

University Of Pangasinan Faculty Union v.

University Of Pangasinan and NLRC
PETITIONER
University Of Pangasinan Faculty
Union
Composed of faculty members of the respondent
University of Pangasinan;
Full-time professors, instructors, and teachers;
These teachers are paid their salaries on a
regular monthly basis.
RESPONDENTS
University Of Pangasinan and Natl
Labor Relations Commission (NLRC)
Employer of the Petitioner
NLRC prior to this review dismissed the appeal of
the petitioner.
FACTS
On December 18, 1981, the petitioner, through its
President, Miss Consuelo Abad, filed a complaint
against the private respondent with the Arbitration Branch
of the NLRC, Dagupan District Office, Dagupan City.

The petitioner were fully paid their regular monthly

salaries, however, from November 7 to December 5, 1981
(Semestral Break) they were not paid by ECOLA.
FACTS
The respondent (school) claims that the teachers are not
entitled thereto because the semestral break is not an
integral part of the school year and there is no actual
services rendered during said period.

During the same school year (1981-1982), Ministry of

Education and Culture authorized the respondent to collect
from their students a 15% increase of tuition fees.
FACTS
Petitioners members demanded a salary increase
effective the first semester of said schoolyear to be
taken from the sixty (60%) percent incremental
proceeds of the increased tuition fees.

Respondent refused, but eventually the respondent

granted an across-the-board salary increase of
5.86% when the complaint was filed in the case at
bar. Petitioner demanded for the remaining of 60%.
FACTS
Aside from the regular loads, some of the petitioners
members were given extra loads during the same
school year to teach on September 21, 1981 which
was declared as a working holiday.

Though the classes were suspended during the said

date, the petitioners members claimed that they
were not paid their salaries for those loads.
ISSUES
1. Whether or not petitioners members are entitled to ECOLA
during the semestral break (November 7 - December 5,
1981 of the 1981-82 school year);

2. Whether or not 60% of the incremental proceeds of

increased tuition fees shall be devoted exclusively to salary
increase; and

3. Whether or not alleged payment of salaries for extra loads

on September 21, 1981 was proven by substantial
evidence.
1. ENTITLEMENT TO ECOLA
Allowance of Full Time Employees
P.D. 1614 Sec. 6 Fulltime employees shall be paid in
full regardless of the number of their regular working
days.
Inactive due to Work Interruptions
Implementing Rules of Book III: Rule I
Principles in Determining Hours Worked
No Work definition. It should be :ad voluntatem.
2. SALARY INCREASE OF FACULTY MEMBERS
Presidential Decree 451, Sec. 3 Limitations (60:40-
12)
o Salary increase provision of Faculty Members;
o Maximum percentage of ROI; and
o Other duties and obligations.
3. EXTRA PAY FOR EXTRA LOADS
Regular Loads vs. Extra Loads
September 21, 1981 is a declared working holiday,
but classes were suspended.
No work, no pay principle.
DECISION
The private respondent is ordered to:
o Pay regular fulltime teachers/employees emergency
cost of living allowances for the semestral break from
November 7 to December 5, 1981; and
o Give the undistributed balance of the sixty (60%)
percent incremental proceeds from tuition increases
for the same school year as outlined above.

The Respondent is sustained in denying the payment

for the suspended extra loads on September 21, 1981.
SO ORDERED
TEEHANKEE, MELENCIO-HERRERA, PLANA AND RELOVA, JJ., CONCUR.