Case Summary (G.R. No. 176717)
Background of Events
On May 23, 2003, Rev. Fr. Paul Van Parijs, the University's President, notified Cobarrubias that she had not met the minimum evaluation ratings for faculty within the five-year period from 1998 to 2003. Consequently, she was placed on forced leave for the first semester of the 2003-2004 academic year, during which her benefits would be suspended, according to Section 7.7 of the existing Collective Bargaining Agreement (CBA) with the Union of Faculty and Employees.
Evaluation and Employment Record
Cobarrubias had a mixed evaluation history over the preceding five years, where she generally met minimum requirements but did not achieve sufficient ratings to avoid being placed on forced leave. The provision in the CBA specifies that faculty receiving below 80 ratings in three cumulative years out of five are subject to termination.
Legal Actions Initiated
After being notified of her leave, Cobarrubias attempted to resume work in June 2003 but was not assigned a teaching load. Subsequently, she filed a complaint for illegal dismissal against the University on June 5, 2003. The case was originally referred to the National Conciliation and Mediation Board due to jurisdictional concerns.
Respondent's Subsequent Communications
Despite attempts by the University to reach out, including communications about a teaching load prepared for her in the second semester, Cobarrubias did not respond, leading to allegations of abandonment of her job. The institution issued multiple notifications urging her to report back to work, which she continuously ignored.
Arbitration and Initial Findings
A Voluntary Arbitrator later addressed the case, concluding that the clause in the CBA imposing forced leave was void. The Arbiter emphasized the failure to provide due process since Cobarrubias was not afforded proper notice or hearing concerning her performance evaluations and subsequent leave.
Court of Appeals Decision
Upon appeal by the University, the Court of Appeals overturned the Arbitrator's decision, asserting that the Arbiter overstepped his authority by nullifying provisions of the contract. The court articulated that schools must maintain high standards for their faculty and dismissed claims of abandonment, asserting that Cobarrubias had indeed abandoned her position by failing to respond to multiple requests from the respondent about her teaching responsibilities.
Petitioner’s Arguments in Supreme Court
Cobarrubias contended that her past contributions and the ongoing complaint for illegal dismissal demonstrated her intention to maintain the employer-employee relationship, which should invalidate any claim of abandonment. However, the Court noted that her silence in response to the University’s attempts to reinstate her indicated a deliberate refusal to engage.
Supreme Court Ruling
The Supreme Court ultimat
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Case Background
- Evangeline C. Cobarrubias was hired as a faculty member at Saint Louis University, Inc. in Baguio City in 1982.
- The respondent's President, Rev. Fr. Paul Van Parijs, notified the petitioner in a letter dated May 23, 2003, that she had failed to meet the minimum evaluation rating required for faculty members over a five-year period (1998-2003).
- As a consequence of this failure, Cobarrubias was placed on forced leave for the first semester of the 2003-2004 school year, during which her benefits would be suspended, per Section 7.7 of the Collective Bargaining Agreement (CBA) between the university and its faculty union.
- The CBA stipulated consequences for faculty members who fail to achieve the required ratings, including forced leave and potential termination.
Performance Evaluation
- The petitioner’s performance ratings over the relevant five-year period were as follows:
- 1998-1999: Rating 85.50 (Required 86) - Retained as Assistant Professor III+
- 1999-2000: Rating 85 (Required 86) - Retained as Assistant Professor III+
- 2000-2001: Rating 87 (Required 86) - Passed, maximum rank as Assistant Professor III+
- 2001-2002: Rating 90.50 (Required 86) - Passed, later adjusted to Associate Professor I-1
- 2002-2003: Rating 85 (Required 87) - Retained as Associate Professor I-2
Complaint Filing
- After being informed of her forced leave, Cobarrubias attempted to report for work in June 2003, but was denied a teaching load.
- She filed a complaint for illegal dism