G.R. No. 96126 - Garciano vs. Court of Appeals

The petitioner, Esteria F. Garciano, was employed as a teacher at the Immaculate Concepcion Institute during the 1981-82 school year.
On January 13, 1982, she applied for an indefinite leave of absence to accompany her daughter to Austria.
The leave was approved by the school principal and the President of the Board of Directors.
On June 1, 1982, the school principal informed her via letter that her services were terminated due to the absence of a written contract and difficulties in finding a substitute teacher.

Upon returning from Austria in late June 1982, Garciano received a letter stating her termination.
On July 7, 1982, the Board of Directors reinstated her, declaring the prior termination letter null and void.
Following her reinstatement, several members of the Board resigned due to faculty backlash regarding the decision to reinstate Garciano.

On September 3, 1982, Garciano filed a complaint for damages against Fr. Wiertz, the principal, and some faculty members, alleging discrimination and illegal dismissal.
The Regional Trial Court ruled in her favor, awarding her substantial damages.
The defendants appealed to the Court of Appeals, which reversed the trial court's decision and dismissed the complaint.

The Court of Appeals found that the Board of Directors had not dismissed Garciano; rather, they had directed her to report for work.
The letter of termination sent by the private respondents lacked legal authority and did not prevent her from returning to her position.
The court concluded that Garciano voluntarily chose not to return to work, thus negating her claim for damages.

Liability for damages under Articles 19, 20, and 21 of the Civil Code requires unlawful, willful, or negligent acts.
The Court of Appeals determined that Garciano's decision to discontinue her teaching was voluntary and not due to any unlawful action by the respondents.
The dissenting opinions of the principal and faculty did not constitute grounds for liability as they were exercising their rights.

The right to recover moral damages is contingent upon the claimant not being at fault.
Garciano's actions, including her indefinite leave, refusal to sign a contrac...continue reading