Professional Documents
Culture Documents
SERENO, C.J.,
Chairperson,
LEONARDO-DE CASTRO,
-versus- BERSAMIN,
VILLARAMA, JR., and
REYES,JJ.
MARVIN-JULIAN L. Promulgated:
SAMBAJON, JR.,
x- ---------- ·: e -- -------------- -
DECISION
The Facts
Rollo, pp. 61-75. Penned by Associate Justice Jose C. Reyes, Jr. with Associate Justices Antonio L.
Villamor and Ramon A. Cruz concurring.
2
Id. at 77-89. Penned by Commissioner Angelita A. Gacutan and concurred in by Presiding
Commissioner Raul T. Aquino and Commissioner Victoriano R. Calaycay.
Id. at 95-102. Penned by Labor Arbiter Jesus Orlando M. Quinones.
·
Decision 1 G.R. No. 196280 &
196286
Your personnel file shows that you were hired as a probationary teacher in
the second semester of school year 2002-2003. By October 2004, you will
be completing four (4) semesters (two school years) of service. Even
permanent teachers are re-ranked only every two years, and you are not
even a permanent teacher. I am informed that you have been told several
times and made to read the Provision in the Faculty Manual by the
personnel office that you cannot be re-ranked because you are still a
probationary teacher.
x x x x8
4 Records, p. 36.
5 Id. at 43.
6
Id. at 38-39.
7
Id. at 40-42.
8 Id. at 42.
Decision 2 G.R. No. 196280 &
196286
dated January 10, 2005, Sr. Evidente reiterated the school policy on re-
ranking of teachers, viz:
xxx
9 Id. at 96.
10
Id. at 97-101.
11
Id. at 59, 45-46.
12
Id. at 43, 111-112.
Decision 3 G.R. No. 196280 &
196286
We regret to inform your good self that your full time probationary
appointment will not be renewed when it expires at the end of this
coming March 31, 2005.
Thank you so much for the services that you have rendered to USI
and to her clientele the past several semesters. We strongly and sincerely
encourage you to pursue your desire to complete your Post Graduate
studies in the University of your choice as soon as you are able.
Godspeed!13
In his Decision dated August 22, 2006, Labor Arbiter Jesus Orlando
M. Quinones ruled that there was no just or authorized cause in the
termination of respondent’s probationary employment. Consequently,
petitioner was found liable for illegal dismissal, thus:
WHEREFORE, in view of the foregoing, judgment is hereby
rendered finding respondent school UNIVERSIDAD DE SANTA
ISABEL liable for the illegal dismissal of complainant MARVIN-JULIAN
L. SAMBAJON, JR.
All other claims and charges are DISMISSED for lack of legal and
factual basis.
SO ORDERED.14
13
Id. at 57.
14
Rollo, pp. 101-103.
Decision 4 G.R. No. 196280 &
196286
There is no showing that the complainant signed a contract for the first
and second semesters of SY 2004-2005.
SO ORDERED.15
15
Id. at 86-88.
Decision 5 G.R. No. 196280 &
196286
raised in the appeal memorandum, while the latter asserted that the NLRC
erred in not awarding him full back wages so as to conform to the finding
that he had acquired a permanent status. Both motions were denied by the
NLRC which ruled that regardless of whether or not the parties were aware
of the rules for the acquisition of permanent status by private school
teachers, these rules applied to them and overrode their mistaken beliefs. As
to respondent’s plea for back wages, the NLRC said the award of back
wages was not done in this case because respondent did not appeal the Labor
Arbiter’s decision.
SO ORDERED.17
The Petition/Issues
Before this Court, petitioner ascribes grave error on the part of the CA
in sustaining the NLRC which ruled that respondent was dismissed without
just or authorized cause at the time he had already acquired permanent or
regular status since petitioner allowed him to continue teaching despite the
expiration of the first contract of probationary employment for the second
semester of SY 2002-2003. Petitioner at the outset underscores the fact that
the NLRC decided an issue which was not raised on appeal, i.e., whether
respondent had attained regular status. It points out that the Labor Arbiter’s
finding that respondent was dismissed while still a probationary employee
was not appealed by him, and hence such finding had already become final.
16
Id. at 516-517.
17 Id. at 74.
Decision 6 G.R. No. 196280 &
196286
In fine, petitioner asks this Court to rule on the following issues: (1)
whether the NLRC correctly resolved an issue not raised in petitioner’s
appeal memorandum; and (2) whether respondent’s probationary
employment was validly terminated by petitioner.
Our Ruling
xxxx
In this case, petitioner sets forth the following issues in its appeal
memorandum:
5.01
WHETHER THE MARVIN JULIAN L. SAMBAJON, JR. WAS
ILLEGALLY DISMISSED FROM THE UNIVERSIDAD DE STA.
ISABEL.
5.02
WHETHER THE UNIVERSIDAD DE STA. ISABEL SHORTENED
THE PROBATIONARY PERIOD OF MARVIN JULIAN L.
SAMBAJON.
5.03
WHETHER RESPONDENTS-APPELLANTS ARE ENTITLED TO
DAMAGES.19
18 Luna v. Allado Construction Co., Inc., G.R. No. 175251, May 30, 2011, 649 SCRA 262, 268.
19 Records, p. 154.
Decision 7 G.R. No. 196280 &
196286
20
258-A Phil. 160, 171-172 (1989).
21
International Catholic Migration Commission v. National Labor Relations Commission, 251 Phil. 560,
567 (1989).
Decision 8 G.R. No. 196280 &
196286
test and observe the conduct of the former before hiring him permanently.22
The law, however, regulates the exercise of this prerogative to fix the period
of probationary employment. While there is no statutory cap on the
minimum term of probation, the law sets a maximum “trial period” during
which the employer may test the fitness and efficiency of the employee.23
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.25 Section
9326 of the 1992 Manual of Regulations for Private Schools provides that
full-time teachers who have satisfactorily completed their probationary
period shall be considered regular or permanent.
In this case, the CA sustained the NLRC’s ruling that respondent was
22
Id. at 567-568.
23 Magis Young Achievers’ Learning Center v. Manalo, G.R. No. 178835, February 13, 2009, 579 SCRA
421, 432.
24 The 1992 Manual of Regulations is the applicable Manual as it embodied the pertinent rules at the time
of the parties’ dispute, but a new Manual has been in place since July 2008; see Magis Young
Achievers’ Learning Center v. Manalo, id. at 431-438.
25 Lacuesta v. Ateneo de Manila University, 513 Phil. 329, 335 (2005).
26 Section 93. Regular or Permanent Status. Those who have served the probationary period shall be
made regular or permanent. Full-time teachers who have satisfactorily completed their probationary
period shall be considered regular or permanent.
Decision 9 G.R. No. 196280 &
196286
Only the first and third contracts were signed by the respondent.
However, such lack of signature in the second contract appears not to be the
crucial element considered by the CA but the fact that the third contract
dated February 26, 2004, unlike the previous contracts, does not indicate the
nature of the appointment as probationary employment. According to the
CA, this implies, as concluded by the NLRC, that respondent was already a
regular employee.
We disagree.
FULLTIMEFACULTYMEMBER
Congratulations and keep your work full in the spirit of the Lord
for the Charity of Christ urges us to live life to the fullest.
God bless
In Christ,
Witness:
29
Id. at 103.
30
Id. at 97-98.
31
248 Phil. 194, 200 (1988).
Decision 12 G.R. No. 196280 &
196286
neither attained nor attainable within the said period, the law does not
preclude the employer from terminating the probationary employment on
justifiable ground; or, a shorter probationary period may be incorporated in a
collective bargaining agreement. But absent any circumstances which
unmistakably show that an abbreviated probationary period has been agreed
upon, the three-year probationary term governs.32
32 Magis Young Achievers’ Learning Center v. Manalo, supra note 23, at 436-437, citing Lacuesta v.
Ateneo de Manila University, supra note 25, and Escorpizo v. University of Baguio, 366 Phil. 166, 180
(1999).
33 Records, p. 43.
34 Id. at 44.
Decision 13 G.R. No. 196280 &
196286
34.3 Whose regular working day of not more than eight (8) hours
a day is devoted to the school;
35
Rollo, pp. 418-419.
36 Id. at 82; records, p. 94.
37 Supra note 23.
Decision 14 G.R. No. 196280 &
196286
38
Id at 435-436.
39
G.R. No. 183572, April 13, 2010, 618 SCRA 218.
Decision 15 G.R. No. 196280 &
196286
Labor, for its part, is given the protection during the probationary
period of knowing the company standards the new hires have to meet
during the probationary period, and to be judged on the basis of these
standards, aside from the usual standards applicable to employees after
they achieve permanent status. Under the terms of the Labor Code, these
standards should be made known to the teachers on probationary status at
the start of their probationary period, or at the very least under the
circumstances of the present case, at the start of the semester or the
trimester during which the probationary standards are to be applied. Of
critical importance in invoking a failure to meet the probationary
standards, is that the school should show – as a matter of due process –
how these standards have been applied. This is effectively the second
notice in a dismissal situation that the law requires as a due process
guarantee supporting the security of tenure provision, and is in
furtherance, too, of the basic rule in employee dismissal that the employer
carries the burden of justifying a dismissal. These rules ensure
compliance with the limited security of tenure guarantee the law extends
to probationary employees.
Under the given facts where the school year is divided into
trimesters, the school apparently utilizes its fixed-term contracts as a
convenient arrangement dictated by the trimestral system and not because
the workplace parties really intended to limit the period of their
relationship to any fixed term and to finish this relationship at the end of
that term. If we pierce the veil, so to speak, of the parties’ so-called fixed-
term employment contracts, what undeniably comes out at the core is a
fixed-term contract conveniently used by the school to define and
regulate its relations with its teachers during their probationary period.
40
Id. at 237-243.
Decision 17 G.R. No. 196280 &
196286
Illegal Dismissal
41 See Manila Hotel Corporation v. NLRC, 225 Phil. 127, 133-134 (1986), citing Biboso v. Victorias
Milling Co., Inc., 166 Phil. 717, 722-723 (1977).
42 Abbott Laboratories Philippines v. Alcaraz, G.R. No. 192571, July 23, 2013, pp. 11-12, citing
Robinsons Galleria/Robinsons Supermarket Corporation v. Ranchez, G.R. No. 177937, January 19,
2011, 640 SCRA 135, 142.
43 See Fr. Escudero, O.P. v. Office of the President of the Phils., 254 Phil. 789, 797 (1989); Colegio
San Agustin v. NLRC, 278 Phil. 414, 419 (1991).
44 See Espiritu Santo Parochial School v. National Labor Relations Commission, 258 Phil. 600,
606 (1989).
45 Supra note 23, at 443-444.
Decision 19 G.R. No. 196280 & 196286
No pronouncement as to
costs. SO ORDERED.
WE CONCUR:
4U
TERESITAJ. LEONARDO-DE CASTRO
Associate Justice
IENVENIDO L. REYES
Associate Justice
CERTIFICATION