Below is a comprehensive discussion of the issue of “Retaking a Subject When a Professor Fails to Submit Grades” in the Philippine context. This article aims to provide a broad overview of the relevant legal and regulatory framework, institutional policies, and common practices. Please note that this does not constitute formal legal advice. For specific concerns, one should consult legal counsel or refer to the relevant Commission on Higher Education (CHED) regulations and the internal rules of the educational institution involved.

1. Introduction

Grades are central to a student’s academic record, affecting eligibility for academic honors, progression to advanced subjects, scholarship retention, and eventual graduation. However, there are rare but problematic instances in which a professor fails to submit final grades on time—or at all. This situation puts students at a disadvantage, especially when they cannot move to higher courses or graduate due to the missing grade. At times, institutions suggest (or require) retaking the subject to obtain a valid final grade. Questions often arise: Is it legal to mandate a retake because of a professor’s administrative lapse? What recourse do students have if their professor does not submit grades?

2. Regulatory Framework: CHED Policies and the Education Act of 1982

2.1. Commission on Higher Education (CHED)

CHED is the primary government agency that sets minimum standards for higher educational institutions (HEIs) in the Philippines.
While CHED Memorandum Orders (CMOs) cover a wide range of concerns—curriculum design, quality assurance, grading systems, and more—there is generally no CMO that explicitly outlines what happens if a professor fails to submit grades. Instead, CHED defers to the academic freedom of HEIs to craft their own grading policies, timelines, and dispute resolution processes.
CHED, however, mandates that each institution maintain clear rules and procedures for the issuance of grades, completion of “Incomplete” marks, and resolution of grade-related disputes or appeals. These provisions appear in various CHED Issuances (often relating to student welfare and academic standards).

2.2. Batas Pambansa Blg. 232 (Education Act of 1982)

The Education Act of 1982 enshrines the idea of institutional autonomy in establishing academic and grading standards, subject to the regulation of the State through CHED or the Department of Education (for basic education).
The law underscores that students have the right to receive timely and accurate information about their academic performance. It also obligates educational institutions to uphold fair procedures and protect student welfare.

2.3. Institutional Academic Freedom

The 1987 Philippine Constitution and existing jurisprudence afford HEIs broad academic freedom, including the right to set admissions, grading, and disciplinary policies.
Under this framework, each institution typically spells out in its Student Handbook or Academic Manual how grades are computed, what deadlines apply for grade submission, and how to handle cases where a grade cannot be awarded on time.

3. The Role and Responsibility of the Professor

3.1. Contractual and Professional Obligation

In a university or college setting, a faculty member’s failure to submit grades is typically a violation of contractual obligations with the institution. Many faculty contracts (and institutional handbooks) impose a clear deadline for grade submission, especially at the end of each term.
Failing to meet this obligation can trigger internal disciplinary procedures against the professor, though the specific process varies between institutions.

3.2. Potential Grounds for Administrative Sanction

In government-run institutions (e.g., state universities and colleges), a professor’s failure to submit grades on time may be addressed through civil service rules on neglect of duty or inefficiency.
In private institutions, internal policies in the faculty handbook often impose corresponding sanctions.

4. Institutional Policies on Missing or Incomplete Grades

4.1. Incomplete (“INC”) Status

Many institutions allow professors to assign “Incomplete” (INC) if a student has failed to fulfill course requirements—but this presupposes that the professor has partially evaluated the student.
Where no grade is submitted at all (and not even an INC), the institution typically requires the department or registrar to follow up with the professor or to institute remedial measures (e.g., letting department heads finalize a grade if class records are available).

4.2. Administrative Solutions

Some schools empower the Dean or Department Chair to reconcile grades if the faculty member is unable or unwilling to submit them. If student work (exams, projects) is on file, another faculty member may be tasked to evaluate and issue a grade.
If the professor has truly not submitted any evaluative data, the institution may offer a re-examination or re-submission of coursework for students, or in extreme cases, have the student retake the subject in the next term.

4.3. Timelines for Grade Finalization

Institutions typically set a period (e.g., a week or two after the term ends) for submitting final grades. Students are then informed to check official portals or the registrar’s list for posted grades.
If a grade remains missing beyond that period, students are advised to file a grievance or complaint. The institution’s grievance committee or designated administrator is responsible for investigating and resolving the issue.

5. Students’ Rights and Remedies

5.1. Right to Due Process

A student is entitled to be informed of their standing in the course and the final grade promptly.
If a grade is not submitted, the student has the right to lodge a complaint or file a grade appeal under the institution’s rules.

5.2. Right to Timely Resolution

Students have a legitimate expectation for quick resolution of grade-related disputes or delays. Undue delay can jeopardize scholarship eligibility, enrollment in subsequent courses, on-time graduation, and even employment opportunities.

5.3. Filing a Formal Complaint

The first line of action is often informal—contacting the professor or the department to request a status update. If that fails, a student can submit a formal complaint or grievance to the department chair or dean.
Under most institutional policies, the dean or an academic standards committee is empowered to act. If the situation remains unresolved, students could escalate to higher administrative bodies or even to CHED if the institution violates its own processes.

6. Requirements and Process of Retaking the Subject

6.1. Why Retaking Happens

In extreme instances where no graded work was recorded, or the professor’s records are irretrievably lost, the institution may suggest or require that the student retake the entire subject to earn a valid grade.
This typically occurs if the professor’s failure to submit grades coincides with the absence or loss of evaluative evidence (exams, projects, attendance, etc.).

6.2. Legal Validity of Retaking

Legally, requiring a retake can be justified if institutional policy specifies this remedy for missing evaluations. However, due process dictates that the school should first exhaust all alternatives (e.g., reconstruction of grades by another faculty member, makeup exams, administrative resolution) before mandating a complete retake.
The student should be afforded an opportunity to contest the decision if other solutions (like a special exam or partial re-submission) are feasible.

6.3. Practical Considerations

Retaking a subject will incur additional tuition and fees, prolong a student’s stay in school, and possibly affect financial aid or scholarship status.
Students who believe they are unfairly asked to retake the class because of faculty negligence should explore institutional grievance mechanisms.

7. Administrative and Legal Recourse

7.1. Internal Grievance or Appeals Committees

Almost all HEIs have an internal grievance or appeals committee tasked with receiving and hearing complaints, including those related to grades. A student should gather any evidence of their completed coursework (exams, projects, attendance) to substantiate the claim that they have performed their academic duties.

7.2. Escalation to CHED

If an institution fails to address or resolve the issue in a fair and timely manner, a student may file a formal complaint with the CHED Regional Office. Although CHED generally defers to institutional autonomy, it can intervene if there is a manifest violation of student rights or school policies.

7.3. Possibility of Legal Action

In rare cases, if the professor’s failure to submit grades causes quantifiable damage to a student (e.g., loss of scholarship, delayed graduation), a student could explore civil remedies. However, such actions are uncommon, given the available internal mechanisms in most institutions.

8. Conclusion and Best Practices

8.1. For Students

Stay Informed: Always track official grade submission timelines and proactively check your grades.
Keep Records: Retain copies of exams, projects, assignments, and any correspondence with professors.
Use Institutional Remedies: If a grade is missing, start with informal inquiries, then escalate to the department, and eventually file a formal complaint if unresolved.
Consult Handbooks: Every institution’s Student Handbook or Academic Policy Manual should detail the procedures for grade disputes and retaking subjects.

8.2. For Professors and Institutions

Clear Policies: Institutions should clarify in writing what procedures apply if a professor fails to submit grades, including timelines for resolution and the possibility of special exams or retakes.
Faculty Training: Professors must be reminded of their obligation and deadlines to submit grades.
Administrative Oversight: Department heads and registrars should conduct checks to catch missing or delayed grades early, ensuring student records are not compromised.

8.3. Balancing Academic Freedom and Student Rights

While academic freedom grants colleges and universities broad discretion in academic matters, it is balanced against a student’s right to timely evaluations.
Properly crafted and enforced policies can safeguard both faculty’s prerogative to evaluate performance and students’ right to know that performance.

Final Word

Retaking a subject due to a professor’s failure to submit grades is an extraordinary scenario, but it does arise. In the Philippine context, there is no single law that directly addresses this situation. Instead, the resolution typically falls under institutional regulations, guided by the principles of due process, fairness, and protection of student welfare. Students who find themselves in this predicament should thoroughly review their institution’s policies, collect available proof of completed coursework, and seek redress through the school’s internal mechanisms—resorting to CHED or legal counsel only if such attempts fail.