Case Digest (G.R. No. 190015)
Facts:
Geraldine Michelle B. Fallarme and Andrea Martinez-Gacos, petitioners, filed a Petition for Review on Certiorari under Rule 45 (G.R. Nos. 190015 & 190019, September 14, 2016, First Division, Sereno, C.J., writing for the Court) seeking review of the Court of Appeals' Decision (July 31, 2009) and Resolution (October 20, 2009) that affirmed the National Labor Relations Commission's (NLRC) reversal of the labor arbiter. The petition assails the nonrenewal/termination by San Juan de Dios Educational Foundation, Inc. and certain school officers (respondents).Petitioners were hired by respondent college as full‑time faculty beginning First Semester SY 2003–2004, their engagements evidenced by memoranda that did not state whether they were probationary or regular. Although teaching since 2003, each was asked only on 1 March 2006 to sign a written "Appointment and Contract for Faculty on Probation" effective November 4, 2005 to March 18, 2006, thereby first designating them probationary. After the contract expired the college informed them their contracts would not be renewed for First Semester SY 2006–2007, citing the school's "administrative prerogative."
Petitioners questioned the nonrenewal and, unsatisfied with the replies, filed complaints for illegal dismissal, reinstatement, back wages and damages before the labor arbiter. Respondents defended on grounds of alleged misconduct: selling computerized final examination sheets without approval (both); Fallarme selling sociology textbooks to students without permission; and Martinez‑Gacos organizing out‑of‑campus activities and working part‑time elsewhere — acts which respondents said amounted to unsatisfactory performance.
The labor arbiter found petitioners to be regular employees entitled to security of tenure and ordered reinstatement with back wages and 13th month pay. On appeal the NLRC reversed, holding petitioners failed to prove satisfactory service under the 1992 Manual and thus were not regular; however, because respondents had not observed due process, the NLRC awarded P2...(Pro-only)
Issues:
- Were petitioners regular employees of respondent college?
- Was petitioners' dismissal (nonrenewal) for a valid cause?
- If the dismissal was for a valid cause, was the proper dismissal procedu...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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