Case Digest (G.R. No. 175283)
Facts:
Jackqui R. Moreno v. San Sebastian College-Recoletos, Manila, G.R. No. 175283, March 28, 2008, Supreme Court Third Division, Chico‑Nazario, J., writing for the Court.Petitioner Jackqui R. Moreno was employed by respondent San Sebastian College‑Recoletos, Manila (SSC‑R) as a teaching fellow on January 16, 1999, became a full‑time college faculty member on October 23, 2000, and was placed on the permanent faculty on October 22, 2001; she was later offered the chairmanship of her department on September 13, 2002. SSC‑R’s Faculty Manual and Moreno’s employment contract required prior written permission from the College President before accepting outside teaching assignments and limited outside load consistent with Section 45 of the Manual of Regulations for Private Schools.
Reports that Moreno taught without permission at Centro Escolar University and the College of the Holy Spirit prompted SSC‑R’s Human Resource Department to investigate; the investigation report (October 24, 2002) and a memorandum (October 27, 2002) led Moreno to submit a written explanation admitting unpermitted external teaching and explaining it as a response to urgent needs and family financial hardship. A Special Grievance Committee convened, questioned her, and, by majority, recommended dismissal (with one member dissenting and recommending suspension). SSC‑R adopted the committee’s recommendation and terminated Moreno effective November 16, 2002.
Moreno filed a complaint for illegal dismissal with the NLRC (Labor Arbiter docket NLRC‑NCR Case No. 11‑10077‑02). The Labor Arbiter dismissed her complaint on April 30, 2003, finding the dismissal lawful but awarded unpaid salary for fifteen days. On appeal, the NLRC (Second Division) reversed on November 23, 2004, and ordered reinstatement with full backwages from November 16, 2003, citing mitigating circumstances (first offense, admission of fault, good performance). The NLRC denied SSC‑R’s motion for reconsideration on March 31, 2005.
SSC‑R filed a Petition for Certiorari under Rule 65 in the Court of Appeals (CA‑G.R. SP No. 90083), alleging grave abuse of discretion by the NLRC; the CA granted the petition on November 7, 2006, annulled the NLRC decisions, and reinstated ...(Subscriber-Only)
Issues:
- Did SSC‑R validly dismiss petitioner Moreno for just cause consistent with substantive and procedural due process?
- If the dismissal was unlawful, what remedies is Moreno entitled to — reinstatement, backwages, damages, and a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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