UNIVERSIDAD DE STA. ISABEL, vs. MARVIN-JULIAN L. SAMBAJON, JR., G.R. Nos. 196280 & 196286, 02 April 2014 Security of Tenure of Probationary Teacher To be sure, nothing is illegitimate in defining the school-teacher relationship in this manner. The school, however, cannot forget that its system of fixed-term contract is a system that operates during the probationary period and for this reason is subject to the terms of Article 281 of the Labor Code. Unless this reconciliation is made, the requirements of this Article on probationary status would be fully negated as the school may freely choose not to renew contracts simply because their terms have expired. The inevitable effect of course is to wreck the scheme that the Constitution and the Labor Code established to balance relationships between labor and management. Given the clear constitutional and statutory intents, we cannot but conclude that in a situation where the probationary status overlaps with a fixed-term contract not specifically used for the fixed term it offers, Article 281 should assume primacy and the fixed-period character of the contract must give way. This conclusion is immeasurably strengthened by the petitioners’ and the AMACC’s hardly concealed expectation that the employment on probation could lead to permanent status, and that the contracts are renewable unless the petitioners fail to pass the school’s standards. Magis Young Achievers’ Learning Center v. Manalo, supra note 23, at 436-437, citing Lacuesta v. Ateneo de Manila University, supra note 25, and Escorpizo v. University of Baguio, 366 Phil. 166, 180 (1999). (Additional emphasis supplied.) Notwithstanding the limited engagement of probationary employees, they are entitled to constitutional protection of security of tenure during and before the end of the probationary period. See Manila Hotel Corporation v. NLRC, 225 Phil. 127, 133-134 (1986), citing Biboso v. Victorias Milling Co., Inc., 166 Phil. 717, 722-723 (1977). The services of an employee who has been engaged on probationary basis may be terminated for any of the following: (a) a just or (b) an authorized cause; and (c) when he fails to qualify as a regular employee in accordance with reasonable standards prescribed by the employer. Abbott Laboratories Philippines v. Alcaraz, G.R. No. 192571, July 23, 2013, pp. 11-12, citing Robinsons Galleria/Robinsons Supermarket Corporation v. Ranchez, G.R. No. 177937, January 19, 2011, 640 SCRA 135, 142. Thus, while no vested right to a permanent appointment had as yet accrued in favor of respondent since he had not completed the prerequisite three-year period (six consecutive semesters) necessary for the acquisition of permanent status as required by the Manual of Regulations for Private Schools, See Fr. Escudero, O.P. v. Office of the President of the Phils., 254 Phil. 789, 797 (1989); Colegio San Agustin v. NLRC, 278 Phil. 414, 419 (1991) -- which has the force of law, See Espiritu Santo Parochial School v. National Labor Relations Commission, 258 Phil. 600, 606 (1989) -- he enjoys a limited tenure. During the said probationary period, he cannot be terminated except for just or authorized causes, or if he fails to qualify in accordance with reasonable standards prescribed by petitioner for the acquisition of permanent status of its teaching personnel. In a letter dated February 26, 2005, petitioner terminated the services of respondent stating that his probationary employment as teacher will no longer be renewed upon its expiry on March 31, 2005, respondent’s fifth semester of teaching. No just or authorized cause was given by petitioner. Prior to this, respondent had consistently achieved above average rating based on evaluation by petitioner’s officials and students. He had also been promoted to the rank of Associate Professor after finishing his master’s degree course on his third semester of teaching. Clearly, respondent’s termination after five semesters of satisfactory service was illegal. Respondent therefore is entitled to continue his three-year probationary period, such that from March 31, 2005, his probationary employment is deemed renewed for the following semester (1st semester of SY 2005-2006). However, given the discordant relations that had arisen from the parties’ dispute, it can be inferred with certainty that petitioner had opted not to retain respondent in its employ beyond the three-year period.
Posted on: Fri, 04 Jul 2014 07:45:31 +0000
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