G.R. No. 228357 , April 16, 2024
C.P. REYES HOSPITAL AND ANGELINE M. REYES, PETITIONERS, VS. GERALDINE M. BARBOSA, RESPONDENT.

FACTS

The case involves the dismissal of respondent Geraldine M. Barbosa, a probationary employee. The records show that C.P. Reyes Hospital served only one notice of termination to Barbosa regarding her alleged failure to meet the hospital’s standards for regularization. The implementing rules and regulations of the Labor Code, as amended by Department of Labor and Employment (DOLE) Department Order No. 010-97, provide that for termination due to a probationary employee’s failure to meet the employer’s standards, it is sufficient that a written notice is served within a reasonable time. Previous jurisprudence, such as Philippine Daily Inquirer vs. Magtibay, Jr. and Abbott Laboratories, Philippines v. Alcaraz, has upheld the validity of a single notice for dismissing probationary employees, ruling that the two-notice rule does not apply. The Office of the Solicitor General argued that the one-notice rule is valid and that imposing the two-notice rule would undermine the employer’s prerogative to choose employees.

ISSUE

Whether the one-notice rule for the dismissal of a probationary employee due to failure to qualify for regularization is valid, or if the two-notice rule applicable to dismissals for just cause should also apply.

RULING

The Separate Opinion concurs with the ponencia’s holding that respondent was illegally dismissed but writes separately to advocate for the application of the two-notice rule in cases involving the dismissal of a probationary employee for failure to qualify. The opinion argues that the one-notice rule runs counter to constitutional and statutory policies protecting labor and security of tenure. It emphasizes that security of tenure is a right afforded to all workers, whether regular or probationary, and includes the right not to be dismissed except for just cause and after due process. The opinion contends that the ground of failure to qualify is akin to a just cause for dismissal, as the “fault” lies with the employee. Therefore, the due process requirement in probationary employment should not only involve apprising the employee of the standards for regularization at the time of engagement but also include informing the employee of their failure to qualify and providing an opportunity to be heard prior to termination. The opinion concludes that the two-notice rule should be applied to ensure compliance with the constitutional guarantee of security of tenure and the State’s policy of affording full protection to labor.