LAYUG v QUISUMBING
FACTS
Teacher Layug filed charges against Principal Presto for harassment. In counterclaim, Principal Presto filed charges of incompetence and undesirability against Layug. Both locked horns like angry bulls and ultimately Layug found himself suspended. DECS Secretary Quisumbing affirmed the suspension. Later on, the order of suspension was lifted and Layug was reinstated. Unfortunately, he did not receive his old job as a teacher of English and Biology. The poor fella was kicked into the CAT/YDT department. Layug demanded his old job as an English/Bio teacher and Principal Presto asserted that those positions were filled. The petition was denied, and Layug then found himself shuffled to temporary assignment in the Guidance Office. Layug howled again. Presto chastised him saying that if he did not accept, he will be terminated. Layug claims that the law mandates that he be given back his job as a Bio/English teacher since this was his appointment.
ISSUE
Whether or not Layug has the right to teach the old subjects.
HELD
NO. Layug’s contention, that he should be reinstated to his former assignment as a teacher of English and Biology subjects, has no legal basis. The law only provides that he shall be reinstated in the service, i.e., to his position as a high school teacher appearing in his appointment. A teacher may not be compelled to accept, and neither may he demand to be given, an assignment not specified in his appointment. His appointment is that of a TEACHER. That is all he may demand. The selection of the subjects which Layug may teach is a matter for his principal and the DECS regional director to determine based on his qualifications and the prevailing conditions in the school. As explained by Presto, the English and Biology subjects which Layug used to teach had been assigned to other teachers after Layug’s suspension, and, since changing teachers in the middle of the school year would be prejudicial to the students. Presto rightfully assigned Layug to teach YDT/CAT subjects instead (which he rejected).
Layug’s petition is denied.
