FACTS:
Respondent Belen Villas was employed by the petitioner School as high school teacher in September 1985. On May 15, 1995, she applied for a study leave for six months, from June to December 31, 1995. In a letter dated June 2, 1995, Mrs. Angelina Quiatchon, principal of the high school department, told Villas that her request for study leave was granted for one school year subject to the following conditions:
1. The requested study leave takes effect on June 5, 1995 and ends on March 31, 1996;
2. The requested study leave involves no remuneration on the part of the School;
3. The documents that justify the requested study leave should be submitted upon return on April 1, 1996;
4. Faculty Manual – Section 40 Special Provisions on the Granting of Leave of Absence should be observed:
a. Once proven beyond reasonable doubt during the period of the approved leave of absence that the faculty member shall engage himself in employment outside the institution, the administration shall regard the faculty member on leave as resigned;
b. The maximum length of leave of absence that may be applied for by the faculty member and granted by administration is twelve (12) months. If, at the lapse of the period, the faculty member fails to return for work, the administration shall regard the faculty member as resigned.
RESPONDENT ALLEGED: that she intended to utilize the first semester of her study leave to finish her masteral degree at the Philippine Women’s University (PWU). Unfortunately, it did not push through so she took up an Old Testament course in a school of religion and at the same time utilized her free hours selling insurance and cookware to augment her family’s income. However, during the second semester of her study leave, she studied and passed 12 units of education subjects at the Golden Gate Colleges in Batangas City. In response to the letters sent her by petitioner to justify her study leave, she submitted a certification from Golden Gate Colleges and a letter explaining why she took up an Old Testament course instead of enrolling in her masteral class during the first semester.
President and Rector of the School, Fr. Ramonclaro G. Mendez, O. P., wrote her, stating that her failure to enroll during the first semester was a violation of the conditions of the study leave and that the reasons she advanced for failure to enroll during the first semester were not acceptable and thus:
In the first place, prudence dictates that you should have ascertained first that you are still eligible to study at PWU to finish your masteral degree before applying and securing the approval of your leave by the School. In the second place, you should have informed the School at once that you could not enroll in the first semester so that your leave could have been adjusted for only one-half (1/2) year. Thirdly, your engaging in some part-time business instead of studying in the first semester of your leave is sufficient justification for the School to consider you as resigned under the Faculty Manual. And lastly, your failure to study in the first semester of your study leave without informing the School beforehand constitutes deception, to say the least, which is not a good example to the other teachers.
Voluntary Arbitrator Mayuga who found that respondent was illegally dismissed. MR denied. CA affirmed, Hence, this petition.
ISSUE:
Whether or not respondent’s alleged violation of the conditions of the study grant constituted serious misconduct which justified her termination from petitioner School.
HELD: NO
Under the Labor Code, there are twin requirements to justify a valid dismissal from employment: (a) the dismissal must be for any of the causes provided in Article 282 of the Labor Code (substantive aspect) and (b) the employee must be given an opportunity to be heard and to defend himself (procedural aspect).7 The procedural aspect requires that the employee be given two written notices before she is terminated consisting of a notice which apprises the employee of the particular acts/omissions for which the dismissal is sought and the subsequent notice which informs the employee of the employer’s decision to dismiss him.
In the case at bar, the requirements for both substantive and procedural aspects were not satisfied.
petitioner School argues that the conduct of respondent breached not only the provisions of the study grant (which was a contractual obligation) but also the Faculty Manual. Respondent was thus guilty of serious misconduct which was a ground for termination.
Misconduct is improper or wrongful conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error of judgment.9 Under Article 282 of the Labor Code, the misconduct, to be a just cause for termination, must be serious. This implies that it must be of such grave and aggravated character and not merely trivial or unimportant.
The alleged infractions of the respondent could hardly be considered serious misconduct:
1. Her alleged failure to report for work EXACTLY on April 1, 1996 (respondent reported on May 15, 1996) is not equivalent to “failure to return for work,” a sanctionable offense under the Faculty Manual. Although we give credence to petitioner’s argument that a private high school teacher still has work at the end of the schoolyear – to assist in the graduation preparations – and in the beginning of the school year – to assist in the enrollment – such tasks cannot be considered a teacher’s main duties, the failure to perform which would be tantamount to dereliction of duty or abandonment.
2. With regard to her alleged failure to enroll during the first semester, although we agree with the President and Rector, Fr. Mendez, that respondent should have first ascertained whether she was still eligible to study at the PWU before applying for a study leave,17 such lapse was more of an error in judgment rather than an act of serious misconduct. If respondent intended to use her study leave for other unauthorized purposes, as petitioner would like us to believe, she would not have enrolled at the Golden Gate Colleges during the second semester. Yet she did, as borne out by the certification18 prepared by the Registrar of Golden Gate Colleges.
3. Respondent did not violate the prohibition on engaging in employment outside the school as specified in her study leave grant and as provided in the Faculty Manual. Section 40 (a) of the Manual. The prohibition against outside employment was enacted to prevent the teacher from using the study leave period for unsanctioned purposes since the School pays the teacher while pursuing further studies. That rationale was not violated by respondent for the reason that her part-time activity of selling insurance and cookware could not have prevented her in any way from studying and, more importantly, she was not being paid by the School while on leave. How did the school expect her and her family to survive without any income for one whole year?
Petitioner also failed to comply with the procedural requirements for a valid dismissal. Petitioner failed to give respondent the first notice which should have informed the latter of the former’s intention to dismiss her. Petitioner argues that it complied with this requirement as there were several exchanges of communication between the School and respondent regarding the cause of her termination. However, we find that these letters did not apprise respondent that her dismissal was being sought by petitioner School as said letters only required respondent to submit proof of enrollment.
PETITION DENIED.
