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Biboso v.

Victorias Milling probationary period is the period required to learn a skill,


GR # L-44360 | March 31, 1977 trade, occupation or profession.
Petition: Petition for Certiorari on the decision of the OP o It was likewise held that the allegation of unfair labor practice
Petitioner: Regina S. Biboso, Nenita B. Biso, Fe Cubin, Magelende H. is untenable.
Demegilldo, Emerita O. Panaligan, Nilda P. Tayo, Nelda Tormon, Arde M. - Hence, this petition.
Valenciano, Ma. Linda E. Villa and the Vicmico Supervisory Employees
Association (VICSEA) ISSUE/S
Respondent: Victorias Milling Company, Inc. and the Office of the 1. W/N the provision of the assuring workers security of tenure is
President of the Philippines, applicable to those whose employment admittedly were on a basis.

DOCTRINE RULING & RATIO


There is a safeguard as to the duration of employment being respected and 1. NO
to that extent, tenure is secure. The moment, however, the period expired in o The Office of the President exercised its discretion but it
accordance with contracts freely entered into, they could no longer invoke the cannot be said that an abuse could rightfully be imputed.
constitutional protection. o What is decisive is that petitioners were well aware that their
tenure was for a limited duration. Upon its termination, both
FACTS parties to the employment relationship were free to renew it
- Bibos et. al were employed by Victorias Milling as academic or to let it lapse.
teachers in its school (St. Mary Mazzarello). o It was the decision of the company that it should cease. The
- Biboso et. al were notified by the school Directress that they were not Office of the President could find nothing objectionable when
going to be rehired for the school year 1973-74. it determined that the will of the parties as to the limited
o The necessary report for such was filed by the school with duration thereof should be respected.
the Department of Labor, informing that the teachers o However, this is not to assert that the security of tenure
services were thus terminated protection of the constitution does not apply to probationary
- Biboso et. al challenged such decision and were quite successful employees.
with the Arbitrator, the former National Labor Relations Commission The Labor code provides that "The termination of
under Presidential Decree No. 21, and the Secretary of Labor. employment of probationary employees and those
- Victorias Milling then appealed to the Office of the President employed with a fixed period shall be subject to such
- OP: Presidential Executive Assistant Clave, dismissed the complaint regulations as the Secretary of labor may prescribe
of Biboso et. al for reinstatement. to prevent the circumvention of the right of the
o The OP had examined and analyzed the various contracts. employees to be secured in their employment as
o The complainants were hired as teachers of the school on a provided herein
year-to-year basis and that they reapplied before the o Petitioners did not enjoy a permanent status but during such
expiration of the contracts and/or signed new ones, as the period of employment, they could remain in their positions
case may be, if the school decided to renew the same. and any circumvention of their rights is subject to inquiry and
o They all signed identical contracts which provided for a correction by the Department of Labor.
definite period of employment. The complainants were hired o There was the safeguard as to the duration of their
as temporary and when required or until the contract is employment being respected. To that extent, their tenure
supposed to terminate. was secure. The moment, however, the period expired in
o The Labor Code recognizes the policy of the Bureau of accordance with contracts freely entered into, they could no
Private Schools settling the maximum probationary period for longer invoke the constitutional protection.
teachers at three years. o It would be a different matter of course had the failure to
o The Labor Code does not set the maximum probationary renew the contracts of petitioners been justly attributable to
period at six months. Under the Labor Code, the their joining petitioner labor union, Vicmico Supervisoyr

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Employees Association. That would be a clear case of an DISPOSITION WHEREFORE, the petition for certiorari is dismissed.
unfair labor practice.

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