G.R. No.
196280 and 196286, April 02, 2014
Unibersidad de Sta. Isabel vs. Sambajon, Jr.
Facts:
Universidad de Sta. Isabel is a non-stock,
non-profit religious educational institution in Naga
City. Petitioner hired Marvin-Julian L. Sambajon, Jr.
as a full-time college faculty member with the rank
of Assistant Professor on probationary status.
Even after the contract expired, petitioner
continued to give teaching loads to Sambajon, who
remained a full-time faculty member of the
Department of Religious Education for two
semesters for two school-years.
Sambajon completed his course in Master
of Arts in Education. He submitted the
corresponding Special Order from the CHED,
together with his credentials for the said master’s
degree, to the Human Resources Department of
petitioner for the purpose of salary
adjustment/increase. Subsequently, respondent’s
salary was increased starting October of 2004 and
he was re-ranked from Assistant Professor to
Associate Professor.
In a letter addressed to the President of the
petitioner, Sambajon vigorously argued that his
salary increase should be made effective as of
June 2003 and demanded the payment of his
salary differential.
The school administration replied by
explaining its policy on re-ranking of faculty
members. The Faculty Manual provides Re-ranking
is done every two years; hence the personnel hold
their present rank for two years. Those undergoing
probationary period and those on part-time basis of
employment are not covered by this provision. That
teachers in the Universidad are not re-ranked
during their probationary period.
Respondent insisted on his demand for
retroactive pay. Petitioner reiterated the school
policy on re-ranking of teachers. However,
respondent found the above explanation insufficient
and not clear enough. He pointed out the case of
another faculty member also on probationary status
whose salary was supposedly adjusted by
petitioner at the start of school year (June) after
completing master’s degree in March.
Conflict ensued. Sambajon subsequently
received his letter of termination which prompted
him to file a complaint for illegal dismissal against
the petitioner.
The LA ruled that there was no just or
authorized cause in the termination of Sambajon’s
probationary employment. The NLRC affirmed LA’s
decision holding that respondent had acquired a
permanent status pursuant to the 1992 Manual of
Regulations for Private Schools, in relation to
Article 281 of the Labor Code.
The CA sustained the conclusion of the
NLRC that respondent had already acquired
permanent status when he was allowed to continue
teaching after the expiration of his first
appointment-contract.
Issue:
Whether or not Sambajon is a regular
employee.
Ruling:
No.
The probationary employment of teachers in
private schools is not governed purely by the Article
281 of the Labor Code. The Labor Code is
supplemented with respect to the period of
probation by special rules found in the Manual of
Regulations for Private Schools.
On the matter of probationary period,
Section 92 of the 1992 Manual of Regulations for
Private Schools regulations states:
“Subject in all instances to compliance with
the Department and school requirements, the
probationary period for academic personnel shall
not be more than three (3) consecutive years of
satisfactory service for those in the elementary and
secondary levels, six (6) consecutive regular
semesters of satisfactory service for those in the
tertiary level, and nine (9) consecutive trimesters of
satisfactory service for those in the tertiary level
where collegiate courses are offered on a trimester
basis.”
Thus, it is the Manual of Regulations for
Private Schools, and not the Labor Code, that
determines whether or not a faculty member in an
educational institution has attained regular or
permanent status.
Issue:
Whether or not Sambajon was illegally
dismissed.
Ruling:
YES, notwithstanding the limited
engagement of probationary employees, they are
entitled to constitutional protection of security of
tenure during and before the end of the
probationary period.
The services of an employee who has been
engaged on probationary basis may be terminated
for any of the following: (a) a just or (b) an
authorized cause; and (c) when he fails to qualify
as a regular employee in accordance with
reasonable standards prescribed by the employer.
Thus, while no vested right to a permanent
appointment had as yet accrued in favor of
respondent since he had not completed the
prerequisite three-year period (six consecutive
semesters) necessary for the acquisition of
permanent status as required by the Manual of
Regulations for Private Schools-- which has the
force of law -- he enjoys a limited tenure. During the
said probationary period, he cannot be terminated
except for just or authorized causes, or if he fails to
qualify in accordance with reasonable standards
prescribed by petitioner for the acquisition of
permanent status of its teaching personnel.