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Case:

St. Lukeʼs Medical Center Employees Association and Santos vs. NLRC and St. Lukeʼs Medical Center
G.R. No. 162053, March 7, 2007

Facts:
• Maribel Santos (P) was hired as X-ray techinician on 13-Oct-1984.
• Apr 22, ʼ92, Congress passed and enacted RA 7431 “Radiologic Technology Act of 1992”, which requires
that no person shall practice or offer to practice as a radiology w/o a certificate of registration from board of
RT.
• Several notices were given to P reminding her of the requirement to secure the proper license.
• Nov 23, ʼ98, notice sent that the management of SLMC has approved her retirement
• Nov 26, ʼ98, notice sent that effective Dec 30, ʼ98, P will be separated from SLMC due to formerʼs refusal
to accept early retirement.
• Effort exerted to transfer her to several vacant positions wasnʼt fruitful as her qualifications do not fit.
• Letter from Association of Radiologic Technologists requesting to give P other assignments while awaiting
her to pass the board; P failed to submit appeal for rechecking of her exam.
• Letter from Union requesting to give her another position from a previous employee. P was offered a
secretary position but failed to reply and show up.
• LA decided to dismissed case while requiring SLMC to pay 115,500 separation pay.
• NLRC affirmed LAʼs decision.

Issue:
WON P was illegally dismissed

Held:
Petition denied.

Principles applied:
• While the right of workers to security of tenure is guaranteed by the Constitution, its exercise may e
reasonably regulated pursuant to the police power of the State to safeguard health, morals, peace,
education, order, safety and the general welfare of the people.
• The State is justified in prescribing the specific requirements for X-ray technicians and/or any other
professions connected with the health and safety of its citizens.
• SC stated that Pʼs personal interest cannot override public interest.
• P canʼt insists on her sterling work performance and without a derogatory record to make her qualify as a
RT.
• The fact that another employee, who wasnʼt able to pass the exam, was allowed to apply and transfer to
another position does not constitute unlawful discrimination as P was also accorded the same opportunity.

* Security of tenure - a constitutional or legal guarantee that an office-holder cannot be removed from office
except in exceptional and specified circumstances.

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