GR 121962; (April, 1999) (Digest)
G.R. No. 121962 . April 30, 1999.
ESPERANZA C. ESCORPIZO and UNIVERSITY OF BAGUIO FACULTY EDUCATION WORKERS UNION, petitioners, vs. UNIVERSITY OF BAGUIO, VIRGILIO C. BAUTISTA, and NATIONAL LABOR RELATIONS COMMISSION, respondents.
FACTS
Petitioner Esperanza Escorpizo was hired as a probationary high school teacher by respondent University of Baguio in 1989. University rules required probationary teachers to pass the Professional Board Examination for Teachers (PBET) to attain permanent status. In March 1991, she was informed her contract would terminate due to her failure to pass the PBET. She pleaded for another chance and was allowed to teach for the 1991-1992 school year, conditioned on her passing the PBET. She failed again. At the end of that school year, the university evaluated its faculty. As Escorpizo had still not passed the PBET, she was not included in the list for rehiring. Although she subsequently passed the PBET in June 1992, the university did not renew her contract. She filed a complaint for illegal dismissal.
ISSUE
Whether or not the non-renewal of Escorpizo’s probationary employment contract constituted illegal dismissal.
RULING
The Supreme Court dismissed the petition. Procedurally, the petition was filed under Rule 65 without first filing a motion for reconsideration with the NLRC, which is an indispensable step to afford the agency a chance to correct its errors. Furthermore, the certification against forum shopping was executed by counsel and not by the petitioner herself, warranting dismissal.
On the merits, the Court found no grave abuse of discretion by the NLRC. Escorpizo was a probationary employee whose employment was contingent upon meeting the university’s reasonable standard of passing the PBET. A probationary appointment is precisely for the employer to observe whether the employee meets prescribed reasonable standards for permanent employment. The requirement to pass the PBET was a valid and reasonable standard set by the university for regularization. Since Escorpizo had not complied with this condition at the time her contract expired at the end of the 1991-1992 academic year, she had not acquired a vested right to permanent employment. Consequently, the non-renewal of her contract upon its expiration was not a dismissal but a lawful termination of a probationary engagement. The employer was under no obligation to renew the contract.