Legal Question in Employment Law in Philippines

We are the concerned teachers and staff of a Christian Mission School here in the Philippines. Our average total enrollment every school year is only about 100 pax at most. Tuition fees are minimal because we cater mainly to children of the lower income group. Maybe due to some understanding one of the incorporator (who is the vice president of the school, aside from being a member of the board of trustees of the school) sued the school for non payment of salaries based on her claim that aside from being the vice president of the school she was also designated as the School Directress. Aside from the school as the named respondent, she included the as respondent the school president and the school principal. Unfortunately, due to some technicalities (the attorney hired by the school president failed to attend to the needs of the case) she won her case and the labor arbiter issued a decision awarding her claim for full back wages. A writ of execution has been issued to this effect. Our questions are;

1. The school have nothing to pay. Collections from tuition fees are barely enough to pay salaries of teachers and maintain the operation of the school. Should they proceed to effect the writ, will they be allowed to get all the properties of the school like books, desks, chairs, and tables (these are the only properties of the school) even if the school year is ongoing? Are they allowed to confiscate these properties when school sessions are still ongoing? School graduation is scheduled by the Dept of education by March 31, 2011.

2. The School President (also an incorporator and member of the board of trustees of the school) is nowhere to be found. The fact is he has not been reporting to the school since this case was filed to the Labor Arbiter. What is his liability to this case? The other incorporators are likewise not reporting to the school. Are they also liable?

3. The School Principal, who was named as respondent in this case, was hired to oversee the operation of the school. Concurrently, aside from being the principal, she was also later designated as school treasurer. Though her salary is very minimal (most of the time delayed), she practically does all the hard work to maintain the operation of the school because the board of trustees and the other school officials are not reporting to work. Despite of all these sacrifices, she was included as respondent in this case. Now the sheriff is telling her that if the school can not pay, she will bear the burden of personally paying the claim of the complainant. Is this legally right?

4. We want to continue operating the school. This is our ministry and our way of helping the children of the poorer sector of our community. But if the properties of the school will be taken we have nothing to use and we don't know how we can continue operation. Question is, can we as a group take refuge from the government and continue to operate the school? If so, what legal actions can we make? To whom shall we go for help?

Thank you for your very kind advise.


Asked on 2/23/11, 8:57 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

You can check the dispositive portion of the decision issued by the labor arbiter to determine if the individual respondents (president and principal) and the school were held jointly and severally liable to the monetary award..

If the individual respondents were held liable jointly and severally with the school then the whole judgment can be enforced against any of the respondents, the school and individual respondents. In this regard, the sheriff is correct if the school is insolvent.

What you can do is to plead with the sheriff In the event that the properties of the school are being taken by him to satisfy the judgment. In short, simply tell the sheriff what will happen to the school if he takes the properties of the school.

Since the judgment appears to be final and executory in view of your failure to file an appeal or even to contest the issuance of the writ of execution then you have no other remedy.

For sure you can survive by God's grace.

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Answered on 2/24/11, 5:48 pm


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