Title
Colegio San Agustin-Bacolod vs. Montano
Case
G.R. No. 212333
Decision Date
Mar 28, 2022
Dr. Melinda M. Montaño's illegal suspension and dismissal by Colegio San Agustin-Bacolod resulted in a Supreme Court ruling affirming her dismissal while granting her entitlement to salary differentials.
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Case Digest (G.R. No. 212333)

Facts:

  • Dr. Melinda M. MontaAo (respondent) filed a complaint against Colegio San Agustin-Bacolod (CSA-Bacolod) and its president, Fr. Frederick C. Comendador (petitioners).
  • Employed by CSA-Bacolod since 1973, she served as school registrar from 2003.
  • The complaint included claims of illegal suspension, illegal dismissal, separation pay, diminution of benefits, moral and exemplary damages, and attorney's fees.
  • Dr. MontaAo's salary was reduced from P33,319.00 to P26,658.20 in her reappointment letter for the 2009-2011 term.
  • She sought clarification from the Human Resource Director, who indicated the total gross pay remained unchanged.
  • Dr. MontaAo was suspended and later dismissed based on allegations of allowing ineligible students to participate in the March 2009 graduation ceremony.
  • Although she admitted to allowing certain students to march, she argued it was consistent with a long-standing practice for humanitarian reasons.
  • The Labor Arbiter ruled in her favor, declaring her suspension and dismissal illegal, and awarded her backwages, separation pay, damages, and attorney's fees.
  • The National Labor Relations Commission (NLRC) reversed this decision, asserting her actions constituted serious misconduct.
  • The Court of Appeals (CA) reinstated the Labor Arbiter's decision, finding her actions were misconduct but did not warrant dismissal, leading to the current petition for review.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that Dr. MontaAo was validly dismissed from her employment, thus she is not entitled to backwages, separation pay, moral and exemplary damages, or attorney's fees.
  • However, the Court found that she is entitled to a...(Unlock)

Ratio:

  • The Court emphasized the necessity of observing both substantive and procedural due process for a valid dismissal.
  • The focus was on substantive due process, which requires just cause for termination.
  • The Court agreed with the NLRC's finding that Dr. MontaAo committed serious misconduct by allowing ineligible students to participate in graduation rites, violating established school policy.
  • This act was deemed a conscious and willful transgression, indicating a lack of fitness for her role as school registrar.
  • The Court noted her position involved a fiduciary duty, and her actions constituted a breach of trust and confidence.
  • The length of her employment did not mitigate the seriousness o...continue reading

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