Case Digest (G.R. No. L-29493)
Facts:
Claret School of Quezon City, G.R. No. 226358, October 09, 2019, Supreme Court Third Division, Leonen, J., writing for the Court. The petition sought review of the Court of Appeals' decision that respondent was a regular employee who was illegally dismissed.
Petitioner is Claret School of Quezon City; respondent is Madelyn I. Sinday, who worked in various non-teaching clerical roles for the school between 2010 and 2013. Sinday first served as a releasing clerk in a book sale (April 2010), then as a filing clerk in Human Resources (July 2010–March/April 2011), returned as a releasing clerk (April–July 2011), and on July 15, 2011 began work at Claretech as a secretary performing clerical and secretarial duties; she intermittently served as substitute teacher aide on August 1, 2013 until October 25, 2013. Her husband was one of the school’s longtime drivers and their children were scholars of the school.
On February 18, 2014 Sinday filed a complaint for illegal dismissal. She alleged that she had been repeatedly engaged for about three years in tasks “usually necessary or desirable” to the school’s business and that she had been classified as regular, citing a January 10, 2013 letter and a salary differential paid on February 20, 2013. Claret denied regular status, asserting Sinday was a part-time fixed-term/contractual worker who accepted temporary assignments as needed; it also alleged an isolated incident of theft of relief goods but did not pursue investigation or due process prior to termination.
At the Labor Arbiter, Labor Arbiter Joanne G. Hernandez-Lazo found Sinday was illegally dismissed, concluding the repeated rehiring over three years conferred regular status. The Arbiter relied on Brent School, Inc. v. Zamora but found the Brent criteria for a valid fixed-term employment were not present (Sinday did not knowingly and voluntarily agree to fixed-term terms and lacked equal bargaining power), and ordered reinstatement with backwages and attorney’s fees (Decision dated September 11, 2014).
The National Labor Relations Commission (First Division) reversed the Labor Arbiter in a January 14, 2015 Decision, dismissing the complaint for lack of merit and finding the employment clearly contractual/part-time (relying on Sinday’s biodata, application letters, and lack of written fixed-term contract does not ipso facto confer regular status). A motion for reconsideration was denied (Resolution May 4, 2015). Sinday petitioned the Court of Appeals via certiorari.
The Court of Appeals (Second Division) in a March 30, 2016 Decision granted Sinday’s petition, reversed the NLRC, and affirmed the Labor Arbiter with modification: it found Sinday illegally dismissed and ordered backwages, separation pay in lieu of reinstatemen...(Subscriber-Only)
Issues:
- Were questions of fact raised in the Petition properly reviewable by this Court under Rule 45?
- Was respondent Madelyn I. Sinday a regular employee of Claret School of Quezon City?
- If regular, was respondent illegally dismissed and entitled to reinstatement and backwages...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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