Caption:

Title of the case: Dator vs UST et. al.

Citation: G.R. No. 169464
Date Promulgated: August 31, 2006
Respondents: University of Santo Tomas, Rev. Fr. Tamerlane Lana and Rev. Fr. Rodel Aligan
Petitioners: Roque D.A. Dator
Ponente: Justice Consuelo Ynares-Santiago

Facts:

On June 1983, Roque D.A. Dator, petitioner, was hired by the respondent, University of Santo
Tomas (UST) as Instructor I of the Institute of Religion with a maximum teaching load of 24
units.

On June 15, 1995, petitioner was hired as Graft Investigation Officer II in the Office of the
Ombudsman, as to which he failed to disclose such other employment to the respondents.

On June 16, 2000, the petitioner was informed regarding the reduction of his teaching load to 12
hours per week, which is accorded by the UST Faculty Code.

Petitioner asked for a reconsideration of the reduced teaching load and was granted with an
additional three hours of teaching.

On June 15, 2001, Dator requested for another additional load of three units but his request was
denied by respondent, Rev. Fr. Aligan. After another complaint and appeal, the petitioner was
still denied. As a result, on February 19, 2002, petitioner filed a complaint on the grounds of
illegal reduction of teaching load and illegal change of employment status, unpaid benefits and
attorney’s fee and illegal constructive notice.

The Labor Arbiter ruled in favor of the respondents, finding that the case constitutes a ground for
teaching load reduction. The respondents filed a petition for certiorari wherein the Court of
Appeals sustained the findings of the Labor Arbiter. Hence, petition is granted.
Issue:

Whether or not the constructive dismissal on the petitioner was illegal in finding that the
reduction of teaching load was justified

Ruling:

The Court ruled that the petitioner's complaint cannot be sustained. An employee's bare
allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be
given credence. UST committed no illegality when it ordered the reduction of Dator's teaching
load to twelve hours. Hence, the petition is denied. The ordering of dismissal of the petitioner’s
complaint for lack of merit is affirmed.