International School Manila v.

International School duties;

Alliance of Educators (ISAE) c. Fraud or willful breach by the employee of the trust
February 5, 2014 | G.R. No. 167286 reposed in him by his employer or duly authorized
representative;
Summary:
d. Commission of a crime or offense by the employee
Evangeline Santos consistently received poor feedbacks from against the person of his employer or any immediate
her superior from her teaching of Filipino classes in International member of his family or his duly authorized
School Manila. She underwent a remediation phase to help her representatives;
with her deficiencies in teaching. She improved for a while but e. Other causes analogous to the foregoing.
later on did not show much promise. Due to her failure to meet
Facts:
the standards set by the School, she was terminated. She filed a
complaint in the Labor Arbiter for illegal dismissal. The Labor  International School Manila and Brian McCauley
Arbiter ruled in her favor saying that her lapses in teaching does petitioned the Court for review on certiorari to set aside
not warrant termination. The NLRC adopted the decision of the the decision of the CA that upheld the illegality of
Labor Arbiter. The CA affirmed the decision of the NLRC. The Evangeline Santos’ termination form employment in
Supreme Court however, reversed the decision ruling that Santos the School.
was not illegally dismissed arguing that there are certain  Santos is a full-time Spanish language teacher since she
standards of work that needs to be followed. Failure to do was hired by the School in 1978. After coming back
comply with these standards may constitute a just cause for from a leave of absence, she agreed to teach one
dismissal. The employer has the right to terminate the Spanish class and four Filipino class.
employment of any person that goes against the interest of the  Since it was Santos’ first time teaching Filipino, she
employer. was observed by the School’s high school
Relevant Provisions: administrators in her conduction of classes. The result
of the Classroom Standards Evaluation Form was poor
 Art. 282, Labor Code – Termination by employer. wherein it indicated that Santos needed improvement in
An employer may terminate an employment for any of conducting classes. It also indicated that the students
the following causes: were coming in late and leaving early in her classes.
a. Serious misconduct or willful disobedience by the  After a series of classroom observations, Santos
employee of the lawful orders of his employer or continued to receive poor feedbacks from the School’s
representative in connection with his work; administrators. Eventually, Principal Peter Loy required
b. Gross and habitual neglect by the employee of his
 Santos to undergo the remediation phase of the  The ISAE filed a complaint against the School alleging
evaluation process through a Professional Growth Plan. the following causes of action: unfair labor practice,
o The areas that needed to be improved were illegal dismissal, moral and exemplary damages,
planning, the teaching act, climate, and violation and refusal to comply with grievance
management. procedures in the CBA. And unresolved grievance
 Later on, Loy, in a memo, commented that there were matter.
noticeable improvements in the writing of her lesson  The Labor Arbiter found that Santos was illegally
plans and the same had a clearer sense of direction for terminated. The termination was unwarranted because
her classes. her being caught once for not preparing her lesson plan
 But the progress of Santos did not persist as a memo for the day is not and could not be, by itself gross or
from Loy states that the submitted plan of Santos for serious as defined by law. The observations made by her
the semester is vague and it needs additional thought superior and peers could not be the basis for concluding
and revisions with regards to detail and timelines. or finding that she is grossly incompetent or inefficient.
o A series of memos from Loy followed with the o Both parties appealed the decision to the National
same concern for vagueness and lack of details Labor Relations Commission (NLRC) and the
of Santos’ lesson plans. This persisted for a NLRC affirmed the decision of the Labor
year. Arbiter.
 McCauley sent a letter to Santos directing her to explain  The CA modified the decision of the NLRC by deleting
in writing why her employment from the School should the award given to a certain Methelyn Filler of
note be terminated because of her failure to meet the backwages and benefits due a regular employee, the
criteria for improvement set out in her Professional ruling on Santos still stands.
Growth Plan and her substandard performance as a o The CA acknowledged that Santos’ performance
teacher. as a teacher is not at all satisfactory but it does
o In her reply, Santos blamed the School for not warrant the penalty of dismissal. Santos was
forcing her to teach Filipino, a subject she had no awarded a separation pay in lieu of reinstatement
preparation for. due to the deep antagonism between her and the
 An Administrative Investigation was done and it petitioners.
recommended the termination of employment of Santos
Issues:
due to gross inefficiency or negligence in the
performance of her assigned work.  W/N Evangeline Santos was illegally dismissed. – NO.
o The school adopted the recommendation.
o Petitioners: There was no finding that the mandate of the Constitution. The
standards set by the School were arbitrary, nor prerogative of a school to provide
was the evaluation process biased. Santos was standards for its teachers and to determine
dismissed from employment because she whether these standards have been met is
repeatedly failed to meet the standards required in accordance with academic freedom,
by the school. Retaining her as a faculty would which gives the educational institution
be tantamount to sacrificing the welfare of the the right to choose who would teach.
School’s very own students. o It was Santos’ responsibility to teach the Filipino
o Respondents: Santos greatly improved on her classes well within the standards of teaching
preparations and she was never found wanting in required by the School.
the other areas of her teaching. Even though  Agabon v. National Labor Relations
Santos performed her duties unsatisfactorily, Commission. The law recognizes the right
they argue that the same does not warrant of the employer to expect from its
dismissal. Social and compassionate justice workers not only good performance,
would be better served if she was merely adequate work and diligence, but also
suspended from work since she had been with the good conduct and loyalty. The employer
School for 17 years. may not be compelled to continue to
o Buiser v. Leogardo – failure to observe employ such persons whose continuance
prescribed standards of work, or to fulfill in the service will patently be inimical to
reasonable work assignments due to inefficiency his interests.
may constitute just cause for dismissal. o Since Santos was validly dismissed from her
o The petitioners had sufficiently proved the employment, she would not ordinarily be entitled
charge of gross inefficiency, which warranted the to separation pay. But applying the principle of
dismissal of Santos from the School. She social justice according to the equities of the case
appeared to lack the necessary skills, in-depth (PLDT v. NLRC), the Court finds equitable and
knowledge, and expertise to teach the Filipino proper the award of separation pay in favor of
language at the standards required by the School. Santos in view of the length of her service with
 Peña v. National Labor Relations the School.
Commission. It is the prerogative of the o An award of separation pay equivalent to one-
school to set high standards of efficiency half month pay for every year of service is
for its teacher since quality education is a
 awarded in favor of Santos on grounds of equity
and social justice.
Ruling: Petition is Granted. CA Decision is Reversed. The
complaint of Evangeline Santos in the NLRC is Dismissed.