Due process as a constitutional mandate in selected private universities, Cebu City: basis for proposed measures for improved faculty-administration relations

Title: DUE PROCESS AS A CONSTITUTIONAL MANDATE IN SELECTED PRIVATE UNIVERSITIES, CEBU CITY: BASIS FOR PROPOSED MEASURES FOR IMPROVED FACULTY-ADMINISTRATION RELATIONS
Name: FRANCISCO DAN LIAO SALUD, JR.
Degree: DOCTOR OF EDUCATION MAJOR IN EDUCATIONAL MANAGEMENT
Name of School: SOUTHWESTERN UNIVERSITY
School Year: 2002-2003


The Constitution provides that ?no person shall be deprived of life, liberty, property without due process of law?. Due process of law is a guaranty against any arbitrariness on the part of the government, whether committed by the legislature, the executive, or judiciary. Indeed, this due process clause protects all persons, natural as well as artificial. Its guarantee includes livelihood in as much as one?s job or livelihood is property, which is protected within the ambit of due process. Specifically, in the academic community where the administration, faculty and students are interacting and interdependent with each other, factions and intrigues could not be avoided.

In view of this fact, this study tries to find out the status of due process of law as a constitutional mandate in the selected private universities in Cebu City through an in-depth analysis of the offenses committed by the faculty members in the form of serious misconduct, loss of confidence and neglect of duties. The process in the investigation of faculty members for the alleged commission and on the level of awareness on imposition of sanctions such as warning, reprimand, fine, transfer, demotion, suspension and dismissal.

Further, the study utilizes the descriptive-survey method of research utilizing the questionnaire as its main instrument of gathering data administered to the 255 faculty members of the selected universities in Cebu City, which fifty respondents come from sectarian university and 205 faculty members from the non - sectarian universities obtained through random sampling. Obtained data are tabulated using the weighted mean for the offenses committed, and t-test of mean difference for the significance of perceptions.

The findings revealed that due process was not at all implemented as perceived by the teachers when it comes to a teacher administratively charged with serious misconduct, loss of confidence and neglect of duty. However, on the extent of implementation on the elements of due process in the investigation, the findings showed that due process was implemented. As to implementation of due process relative to penalties like warning, reprimand, fine, transfer, demotion, suspension and dismissal due process was implemented.

Consequently, the researcher recommends the following: there should be stiffer and more stringent laws penalizing those violators of the labor laws giving more teeth to it; Magna Carta for Private School Teachers should cover protection of teachers? rights; the Department of Labor should periodically conduct information on seminars to private school teachers so that they become more vigilant on their rights; that the administrators should likewise be informed of their duties and obligations for strict implementation of the laws affecting the rights of teachers; that there should be an amendment to some of the provision of the Labor Code so that there will be keeping up with the changes and present demands of labor; and finally that the administration and the teachers should appraise the requirements and implementation of administrative due process.

Ultimately, the study advances proposed guidelines as the main output of the study.

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