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MAGIS YOUNG
ACHIEVERSLEARNING CENTER
and
MRS. VIOLETA T. CARIO,
Petitioner
s,
- versus -
ADELAIDA P. MANALO,
Responde
nt.
G.R.
No.
178835
Present:
YNARESSANTIAGO, J
.,
Chairperson,
AUSTRIAMARTINEZ,
CHICONAZARIO,
NACHURA,
and
PERALTA, JJ.
Promulgated
:
February 13,
2009
x-----------------------------------------------------------------------------------x
DECISION
NACHURA, J.:
This is a petition for review on certiorari of the
Decision dated January 31, 2007 and of the Resolution
dated June 29, 2007 of the Court of Appeals (CA) in CAG.R. SP No. 93917 entitled Magis Young Achievers
Learning Center and Violeta T. Cario v. National Labor
Relations Commission, 3rd Division, Quezon City, and
Adelaida P. Manalo.
The pertinent facts are as follows:
On April 18, 2002, respondent Adelaida P.
Manalo was hired as a teacher and acting principal of
petitioner Magis Young Achievers Learning Center with
a monthly salary of P15,000.00.
It appears on record that respondent, on March
29, 2003, wrote a letter of resignation addressed to
Violeta T. Cario, directress of petitioner, which reads:
Dear Madame:
I am tendering my irrevocable
resignation effective April 1, 2003 due
to personal and family reasons.
I would like to express my
thanks
and
gratitude
for
the
opportunity, trust and confidence given
to me as an Acting Principal in your
prestigious school.
God bless and more power to
you.
Sincerely yours,
(Signed)
Mrs. ADELAIDA P. MANALO[1]
On March 31, 2003, respondent received a letter of
termination from petitioner, viz.:
Dear Mrs. Manalo:
Greetings of Peace!
The Board of Trustees of the Cario
Group of Companies, particularly that
of
Magis
Young
Achievers Learning Center convened,
deliberated and came up with a Board
Resolution that will strictly impose all
means possible to come up with a costcutting scheme. Part of that scheme is
a systematic reorganization which will
entail streamlining of human resources.
As agreed upon by the Board of
Directors, the position of PRINCIPAL will
be
abolished
next
school
year. Therefore, we regret to inform
you that we can no longer renew your
contract, which will expire on March 31,
2003. Thus, thank you for the input you
have given to Magis during your term
of office as Acting Principal. The
function of the said position shall be
delegated to other staff members in
the organization.
Hoping for your understanding on this
matter and we pray for your future
endeavors.
Very truly yours,
(Signed)
Mrs. Violeta T. Cario
School Directress
Noted by:
(Signed)
Mr. Severo Cario
President[2]
On April 4, 2003, respondent instituted against
petitioner a Complaint[3] for illegal dismissal and nonpayment of 13th month pay, with a prayer for
reinstatement, award of full backwages and moral and
exemplary damages.
In her position paper,[4] respondent claimed that her
termination violated the provisions of her employment
contract, and that the alleged abolition of the position
of Principal was not among the grounds for termination
by an employer under Article 282[5] of the Labor
Code. She further asserted that petitioner infringed
Article 283[6] of the Labor Code, as the required 30-day
notice to the Department of Labor and Employment
(DOLE) and to her as the employee, and the payment
281. Probationary
Employment. Probationary employment
shall not exceed six (6) months from
the date the employee started working,
unless
it
is
covered
by
an
apprenticeship agreement stipulating a
longer period. The services of an
employee who has been engaged on a
probationary basis may be terminated
for a just cause or when he fails to
qualify as a regular employee in
accordance with reasonable standards
made known by the employer at the
time of his engagement. An employee
who is allowed to work after a
probationary period shall be considered
a regular employee.