Appellate court sustains “dismissal” of university teacher

CEBU, Philippines - The Court of Appeals upheld the National Labor Relations Commission (NLRC) in its decision that sustained the dismissal from service of a university instructor four years ago.

The 19th division of the appellate court ruled that no law was violated by the University of San Jose-Recoletos when it did not renew the contract of Gemma Layo in 2010.

Layo claimed that she was illegally dismissed from service and filed a case before the NLRC against Rev. Fr. Enrico Peter Silab, OAR, (USJ-R president); Rev. Fr. Edwin Macmac, OAR, (former VP for Academics); Teoddie Dumam-ag, (former Dean- College of Arts and Sciences), and Pecia Leyte (former Chairman of the Department of Communication, Languages and Literature).

But the NLRC dismissed the complaint for lack of merit. She was however given her 13th month pay.

Layo raised the matter before the Court of Appeals and assailed the NLRC decision by filing a petition for certiorari. However, Associate Justice Maria Elisa Sempio Diy denied the petition.

“In sum, dismissal of the petition is justified not only because it is procedurally flawed but also for lack of merit,” the appellate court decision read.

Layo alleged that she was hired by the university as faculty member during the first semester of school year 2007-2008 until the first semester of school year 2009-2010.

But days before the start of the second semester, she was allegedly informed by Dumam-ag that her teaching contract would no longer be renewed without giving any reason. Layo said she later knew that her contract was not renewed because of her low evaluation rating.

The school administration denied that Layo was not informed of her low evaluation rating prior to the expiration of her contract. According to the school, Layo was already informed of her poor performance rating in her fifth semester of teaching.

The school added that Layo was not also illegally dismissed from service. Her contract’s expiration was the reason of her separation. (FREEMAN)