Wednesday, June 5, 2024

Palgan vs. Holy Name University, G.R. No. 219916, Feb. 10, 2021 [Case Digest]

 

Palgan vs. Holy Name University,

G.R. No. 219916, Feb. 10, 2021

Third Division [Hernando, J]

 

Facts:

            Petitioner started working as a Casual or Assistant Clinical Instructor for two semesters for school year (S.Y.) 1992-1993 in HNU's College of Nursing while awaiting the results of her Nursing Board Examination. She alleged that upon her hiring, HNU did not inform her of the standards for the evaluation of her satisfactory completion of her probationary period.

            In the second semester of S.Y. 1994-1995, she was hired as a full-time Clinical Instructor until S.Y. 1998-1999, and was assigned at the Medical Ward. During the second semester of S.Y. 1998-1999, she was transferred to the Guidance Center as a Nursing Guidance Instructor handling guidance, education, and graduate school courses. At this time, she was elected as Municipal Councilor of Carmen, Bohol. Upon her reelection as Municipal Councilor for the 2001-2004 term, she took a leave of absence from HNU.

            Sometime in the year 2004, petitioner rejoined HNU and was given a full-time load for the S.Y. 2004-2005. For S.Y. 2005-2006 and 2006-2007, petitioner signed contracts for term/semestral employment. However, in a notice dated February 28, 2007, HNU informed Arlene that her contract of employment, which would have expired on March 31, 2007, will no longer be renewed.

            Arlene argued that since she taught at HNU for more than six consecutive regular semesters, she already attained the status of a regular employee pursuant to the Manual of Regulations for Private School Teachers. There having been no valid or justifiable cause for her dismissal as she was not guilty of any infractions under the Labor Code or the Manual of Regulations for Private School Teachers, petitioner claimed that her employment was illegally terminated.

            On the other hand, respondents contended that in S.Y. 2004-2005, 2005-2006 and 2006-2007, Arlene remained a probationary employee. The completion of her probationary period did not automatically make her a permanent employee since she failed to comply with all the conditions of her probationary employment satisfactorily. Respondents insisted that petitioner was not dismissed; rather, her contract of employment merely expired on March 31, 2007.

            The Arbiter dismissed Arlene's complaint for lack of merit. Since her employment was probationary in nature, she has no vested right yet to a permanent appointment until after the completion of the pre-requisite three-year period for the acquisition of a permanent status.

            The NLRC denied Arlene's appeal and affirmed the ruling of the Arbiter. Palgan filed Motion for Reconsideration, which the NLRC granted. NLRC held that Palgan was illegally dismissed. CA reversed the decision of NLRC and held that Palgan was not illegally dismissed.

           

 

Issue:

            Whether CA erred in reversing the decision of NLRC.

 

Held:

            No; the governing law for the employment status of teachers/professors/instructors are the manuals of regulations for private schools.

            In Lacuesta v. Ateneo de Manila University (Lacuesta), We held that the Manual of Regulations for Private Schools and not the Labor Code determines whether or not a faculty member in a private educational institution has attained a permanent or regular status.

            Petitioner did not meet all the criteria required to be considered as a permanent employee. We have laid down in Lacuesta the following requisites before a private school teacher acquires permanent status, namely: 1) The teacher serves full-time; 2) he/she must have rendered three consecutive years of service; and 3) such service must have been satisfactory.

            These requisites find basis in Sections 92 and 93 of the 1992 Manual, which provide: Section 92. Probationary Period. Subject in all instances to compliance with Department and school requirements, the probationary period for academic personnel shall not be more than three (3) consecutive years of satisfactory service for those in the elementary and secondary levels, six (6) consecutive regular semesters of satisfactory service for those in the tertiary level, and nine (9) consecutive trimesters of satisfactory service for those in the tertiary level where collegiate courses are offered on the trimester basis.

            While petitioner has rendered three consecutive years of satisfactory service, she was, however, not a full-time teacher at the College of Nursing of HNU. It must be stressed that only a full-time teaching personnel can acquire regular or permanent status. This rule has been reiterated in a long line of cases, one of which is Herrera-Manaois v. St. Scholastica's College, where We held: "In the light of the failure of Manaois to satisfy the academic requirements for the position, she may only be considered as a part-time instructor pursuant to Section 45 of the 1992 Manual. In turn, as we have enunciated in a line of cases, a part-time member of the academic personnel cannot acquire permanence of employment and security of tenure under the Manual of Regulations in relation to the Labor Code. We thus quote the ruling of this Court in Lacuesta."

            Petitioner was never qualified to be a full-time faculty due to the apparent lack of the required clinical experience under the governing law and its relevant regulations. Full-time academic personnel are those meeting all the following requirements:

                        a. Who possess at least the minimum academic qualifications prescribed by the Department under this Manual for all academic personnel;

                        b. Who are paid monthly or hourly, based on the regular teaching loads as provided for in the policies, rules and standards of the Department and the school;

                        c. Whose total working day of not more than eight hours a day is devoted to the school;

                        d. Who have no other remunerative occupation elsewhere requiring regular hours of work that will conflict with the working hours in the school; and

                        e. Who are not teaching full-time in any other educational institution.

            All teaching personnel who do not meet the foregoing qualifications are considered part-time.

 

            Petitioner's experience as clinical instructor cannot be considered as "clinical practice experience" as there

is no substantial evidence on record that would prove that petitioner actually engaged in activities that may be considered as clinical practice within the ambit of the law.

            Evidence on record would reveal that petitioner was hired by HNU as a "full-time" clinical instructor assigned at the medical ward from 1994-1997. From 1998-2002, Arlene worked as a "part-time" faculty member until she was again hired in 2004.

            The evidence on record would show that petitioner was not illegally dismissed since no dismissal occurred in the first place. Her fixed-term contract merely expired.

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