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    Feati University Vs Bautista, 18 Scra 1191

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    Earvin Joseph Barace
    The Faculty Club of FEATI University declared a strike, disrupting classes. The president certified the labor dispute between FEATI University and the Faculty Club to the Court of Industrial Relations. FEATI University argued the court did not have jurisdiction as it is an educational institution not covered by the Industrial Peace Act. The court denied the motion. FEATI University then argued it is not an employer under the act. The court ruled that FEATI University is operated for profit, so it is considered an employer covered by the Industrial Peace Act. Furthermore, professors are employees rather than independent contractors as the university controls their work.

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    Feati University Vs Bautista, 18 Scra 1191

    Uploaded by

    Earvin Joseph Barace
    91 views1 page
    The Faculty Club of FEATI University declared a strike, disrupting classes. The president certified the labor dispute between FEATI University and the Faculty Club to the Court of Industrial Relations. FEATI University argued the court did not have jurisdiction as it is an educational institution not covered by the Industrial Peace Act. The court denied the motion. FEATI University then argued it is not an employer under the act. The court ruled that FEATI University is operated for profit, so it is considered an employer covered by the Industrial Peace Act. Furthermore, professors are employees rather than independent contractors as the university controls their work.

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    28. Feati University vs Bautista, 18 Scra 1191

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    The Faculty Club of FEATI University declared a strike, disrupting classes. The president certified the labor dispute between FEATI University and the Faculty Club to the Court of Industrial Relations. FEATI University argued the court did not have jurisdiction as it is an educational institution not covered by the Industrial Peace Act. The court denied the motion. FEATI University then argued it is not an employer under the act. The court ruled that FEATI University is operated for profit, so it is considered an employer covered by the Industrial Peace Act. Furthermore, professors are employees rather than independent contractors as the university controls their work.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    91 views1 page

    Feati University Vs Bautista, 18 Scra 1191

    Uploaded by

    Earvin Joseph Barace
    The Faculty Club of FEATI University declared a strike, disrupting classes. The president certified the labor dispute between FEATI University and the Faculty Club to the Court of Industrial Relations. FEATI University argued the court did not have jurisdiction as it is an educational institution not covered by the Industrial Peace Act. The court denied the motion. FEATI University then argued it is not an employer under the act. The court ruled that FEATI University is operated for profit, so it is considered an employer covered by the Industrial Peace Act. Furthermore, professors are employees rather than independent contractors as the university controls their work.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    28.

    FEATI UNIVERSITY VS BAUTISTA, 18 SCRA 1191

    FEATI UNIVERSITY, petitioner, vs.


    HON. JOSE S. BAUTISTA, Presiding Judge of the Court of Industrial Relations and FEATI
    UNIVERSITYFACULTY CLUB-PAFLU, respondents.
    ZALDIVAR, J.:

    FACTS:
    Members of the Faculty Club of the petitioner FEATI University declared a strike and established
    picket lines in the premises of the University, resulting in the disruption of classes in the University.
    President of the Philippines certified to the Court of Industrial Relations the dispute between the
    management of the University and the Faculty Club pursuant to the provisions of Section 10 of Republic Act
    No. 875 (Industrial Peace Act).
    The University, thru counsel filed a motion to dismiss the case upon the ground that the CIR has no
    jurisdiction over the case, because (1) the Industrial Peace Act is not applicable to the University, it being an
    educational institution, nor to the members of the Faculty Club, they being independent contractors; and (2)
    the presidential certification is violative of Section 10 of the Industrial Peace Act, as the University is not an
    industrial establishment and there was no industrial dispute which could be certified to the CIR.
    The respondent judge denied the motion to dismiss and set the case for hearing but the University
    moved the cancellation of the said hearing upon the ground that the court en banc should first hear the
    motion for reconsideration and resolve the issues raised therein before the case is heard on the merits but
    denied.
    Faculty Club filed with the CIR in Case 41-IPA a petition to declare in contempt of court certain
    parties, alleging that the University refused to accept back to work the returning strikers, in violation of the
    return-to-work order.
    In this petition, the University raised several issues but among of which is the following.

    ISSUE:
    Whether or not FEATI is an employer within the purview of the Industrial Peace Act.

    RULING:
    Yes. FEATI is an employer within the purview of the Industrial Peace Act.

    Scope of Industrial Peace Act:


    Industrial Peace Act (Republic Act No. 875) is not applicable to charitable, eleemosynary or non-
    profit organizations — which include educational institutions not operated for profit. The only exception
    being the Government, including any political subdivision or instrumentality thereof. It is settled that the
    Industrial Peace Act is applicable to any organization or entity — whatever may be its purpose when it was
    created — that is operated for profit or gain.

    In this case, the University is operated for profit hence included in the term of employer. Professors
    and instructors, who are under contract to teach particular courses and are paid for their services, are
    employees under the Industrial Peace Act.
    Furthermore, professors and instructors are not independent contractors. University controls the work
    of the members of its faculty; that a university prescribes the courses or subjects that professors teach, and
    when and where to teach; that the professors’ work is characterized by regularity and continuity for a fixed
    duration; that professors are compensated for their services by wages and salaries, rather than by profits; that
    the professors and/or instructors cannot substitute others to do their work without the consent of the
    university; and that the professors can be laid off if their work is found not satisfactory. All these indicate
    that the university has control over their work; and professors are, therefore, employees (and not
    independent contractors).

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