University of Sto. Tomas v. National Labor Relations Commission
NEW DOCTRINEFacts
The Antecedents: Dr. Basilio E. Borja was appointed as an affiliate faculty member at the University of Santo Tomas (UST) on September 29, 1976. He subsequently held various appointments as an instructor with varying teaching loads from the second semester of the 1976-77 school year until the 1979-80 school year. Despite initial observations of sub-standard performance, he was reappointed, with assurances of improvement. At the end of the 1979-80 academic year, his reappointment was not recommended due to a lack of improvement. Procedural History: In July 1982, Dr. Borja filed a complaint for illegal dismissal against UST before the National Labor Relations Commission (NLRC). The Labor Arbiter rendered a decision on July 19, 1984, ordering UST to reinstate Dr. Borja with full backwages, moral damages, and attorney's fees. UST appealed to the NLRC, which modified the decision on September 30, 1988, affirming the reinstatement but limiting backwages to three years, and awarding actual/compensatory damages, moral damages, and exemplary damages, plus attorney's fees. The Petition: UST and its officers filed the instant petition for certiorari and prohibition, alleging that the NLRC committed grave abuse of discretion in finding that Dr. Borja acquired tenure, that his services were constructively terminated, and in awarding damages.
Issue(s)
Whether Dr. Basilio E. Borja acquired tenure as a faculty member of the University of Santo Tomas. Whether the services of Dr. Borja were constructively terminated. Whether the award of damages by the NLRC was proper.
Ruling
The petition is GRANTED. The questioned orders of the NLRC and the Labor Arbiter are SET ASIDE, and the complaint of Dr. Borja is DISMISSED. There was no illegal dismissal as Dr. Borja did not acquire permanent status.
Ratio Decidendi
On the issue of whether Dr. Borja acquired tenure: The Court ruled that Dr. Borja did not acquire permanent status as a faculty member. The Manual of Regulations for Private Schools requires a teacher to be a full-time teacher, render three consecutive years of satisfactory service, and have a nominal teaching load of eighteen hours a week. The Court found that Dr. Borja was a part-time instructor, as evidenced by his varying teaching loads which never reached eighteen hours a week. Furthermore, he was engaged in the practice of his profession as a doctor and maintained a clinic, indicating he had other regular remunerative employment, thus not devoting his total working day to the school. His compensation was also averaged monthly, suggesting he was not paid on a regular monthly basis. Therefore, he could not have acquired permanent employment status. On the issue of whether Dr. Borja's services were constructively terminated: Since Dr. Borja did not acquire permanent employee status, UST had no obligation to reappoint him. His temporary appointment merely lapsed according to its terms, and such reappointment is a matter addressed to the discretion of the university. Consequently, the NLRC's finding of constructive termination was without lawful basis. On the issue of the award of damages: As there was no illegal dismissal, the order for reinstatement with backwages and the awards for actual, compensatory, moral, and exemplary damages must be struck down. The Court found no basis for these awards since the employer-employee relationship, in terms of permanent status, did not ripen.
Main Doctrine
A part-time faculty member cannot acquire permanence in employment under the Manual of Regulations for Private Schools, as the requisites for permanent status include being a full-time teacher whose total working day is devoted to the school, having no other regular remunerative employment, and being paid on a regular monthly basis, in addition to rendering three consecutive years of satisfactory service with a nominal teaching load of eighteen hours a week.