726 Phil. 147
LEONARDO-DE CASTRO, J.:
Good teaching is not something that happens spontaneously all the time. Good teaching is the result, in part, of hard work and planning. Clearly the planning for your classes, as indicated by the absence of detailed lesson plans, has resulted in below standard instruction. This is simply not acceptable. A review of your planning book shows less-than-skeletal entries with no detail or unification of direction of syllabus. You said that you had other written plans, but these were not visible nor used for reference during class. Relying solely on memory is not always the best approach. Although you are a veteran teacher with three decades of experience, you have been teaching Filipino for only two years during which time there have been important changes in the International Bacc[a]laureate structure. It is crucial that your plans, both medium and long range, be well constructed and written and then utilized. (Emphasis ours.)In a memo[17] dated March 25, 1996, Loy commented on the outline of goals and activities of Santos as follows:
1. You do not address any of the comments made in the Classroom Standards Evaluation Form, nor how you plan to address those concerns. At present, your outline of activities for this semester is sketchy. That is, your general lesson topics are listed, but without any daily substance or sequence. One example, the area of planning, along with objectives and activities, is an area of major concern for us. It is vital to your growth plan that you submit your detailed lesson plans to Mrs. Villajuan daily and discuss these with her before the lesson and after to ensure direction and implementation. Thus, a daily meeting with your department chair is required.On March 29, 1996, Loy sent another memo[18] to Santos, which required her to undergo the remediation phase[19] of the evaluation process through a Professional Growth Plan. Thus:
Given that planning is one of the areas of major concern, it is all the more disturbing that you have shown virtually no written planning for this quarter.The March 29, 1996 Professional Growth Plan[20] of Santos, which she signed with then Principal Jeffrey Hammett, Assistant Principal Peter Loy, and Modern Languages Department Chair Normelita Villajuan, reads:
For the record, please note that we met on February 2, 1996, the day after I observed your class for the second time this school year. At that meeting, you were given a draft of my comments and concerns, along with a two[-] page memo. Since that date, I have received a mere outline of your fourth quarter syllabus which contains virtually no specific plan of activity, action, or means of addressing the concerns. My memo of March 25 reiterates some of the concerns, while elaborating on the shortcomings of the outline you submitted that same day.
x x x x
The impression you are creating is that planning for your classes is not taking place, nor is there any immediate movement towards improvement. This lack of attention on your part only serves to heighten our concern. Please find attached, therefore, my draft of your Growth Plan.
Goals:In the memo[21] to Santos dated April 18, 1996, Loy commented that since the implementation of Santos’s Professional Growth Plan, it was observed that there was noticeable improvement in the writing of her lesson plans and the same had a clearer sense of direction for her classes. Likewise, in the memo[22] dated April 26, 1996, Loy noted that Santos was observed to be taking steps to address the concerns in her Professional Growth Plan. In the succeeding memos to Santos dated May 10, 1996[23] and May 16, 1996,[24] Loy expressed his gladness at the progress of Santos and the positive effect of the Professional Growth Plan on her performance. Accordingly, in a memo[25] dated May 24, 1996, Loy advised Santos that her Professional Growth Plan had been revised as a result of her efforts and improvements.
Improve classroom instruction through the implementation of the areas marked as “does not meet minimum standards,” “needs improvement,” or “not observed” in classroom observations from October 1993 through February 1996, as well as concerns noted in your Summary Evaluation of May 30, 1994. These areas include PLANNING, THE TEACHING ACT, CLIMATE, MANAGEMENT as specified and dated below.
Initial focus for the first part of this GROWTH PLAN, namely the fourth quarter of SY 1995-96 will be on PLANNING. By focusing on planning first, other issues relative to climate and management may also be assisted. This Growth Plan will be reviewed and revised as necessary for SY 1996-97.
Actions:
1. Write daily lesson plans (2/96)
2. Have clearly defined lesson objectives that tie into unit objectives as well as into the school curriculum (2/96)
3. Incorporate a variety of activities, resources and teaching strategies into the lesson (2/96)
4. Plan for the entire instructional period (2/96)
5. Provide an instructional sequence which is clear and logical, leading to stated objectives (2/96)
6. Use effective questioning techniques (2/96, 3/94, 10/93)
7. Provide sufficient guided practice and modeling to ensure success, particularly homework assignments (11/95)
8. Develop rapport with and between students by creating a supportive environment (2/96, 11/95)
9. Be punctual and time efficient (2/96, 3/94, 10/93)
10. State and enforce academic and classroom behavior expectations in a positive manner (2/96, 3/94, 10/93)
[11.] Reinforce appropriate behavior (2/96, 3/94, 10/93)
[12.] Organize the classroom to enhance learning and minimize disruption (11/95, 3/94)
Goals:For the school year 1996-1997, Santos again taught five classes of Filipino.[27]
Improve classroom instruction through the implementation of the areas marked as “does not meet minimum standards,” “needs improvement,” or “not observed” in classroom observations from October 1993 through February 1996, as well as concerns noted in your Summary Evaluation of May 30, 1994. These areas include PLANNING, THE TEACHING ACT, CLIMATE, MANAGEMENT as specified and dated below.
Initial focus for the first part of this GROWTH PLAN was on PLANNING. Ms. Santos has shown improvement in areas #1-4 under Short Term Planning during the fourth quarter of SY 1995-1996. Having focused on planning first, other issues relative to climate and management may also have assisted and can now be directly addressed in the 1996-97 school year.
Actions:
I. Continue the following, which was an area of focus in SY 1995-96:
A. Short Term Planning
1. Write daily lesson plans (2/96)
2. Have clearly defined lesson objectives that tie into unit objectives as well as into the school curriculum (2/96)
3. Incorporate a variety of activities, resources and teaching strategies into the lesson (2/96)
4. Plan for the entire instructional period (2/96)
II. Focus on the following areas in need of improvement:
(Note: these items have been grouped by topic area in this revised growth plan and therefore re-numbered from the listing in the original growth plan)
B. Medium and Long Range Planning
5. Provide an instructional sequence which is clear and logical, leading to stated objectives (2/96)
6. Be punctual and time efficient (2/96, 3/94, 10/93)
C. Classroom Climate and Management
7. Develop rapport with and between students by creating a supportive environment (2/96, 11/95)
8. State and enforce academic and classroom behavior expectations in a positive manner (2/96, 3/94, 10/93)
9. Reinforce appropriate behavior (2/96, 3/94, 10/93)
10. Organize the classroom to enhance learning and minimize disruption (11/95, 3/94)
D. Teaching Techniques
11. Use effective questioning techniques (2/96, 3/94, 10/93)
12. Provide sufficient guided practice and modeling to ensure success, particularly homework assignments (11/95)
[Santos] submitted a plan for the semester using a form from Anne Marie that will be used by the department to review the curriculum. A review of the plan submitted by [Santos] indicates that the plan is vague; it needs additional thought and revision with regards to detail and timelines. The vagueness of this plan is of concern because proper planning is one of the key areas in [Santos’s] Professional Growth Plan. Proper planning was also noted in Mr. Hammett’s observation comments x x x. [Santos] needs to revise this semestral plan for our next meeting. (Emphasis ours.)In the following memo[31] dated October 18, 1996, Loy noted that Santos revised her plan for the semester, but the same could use another revision. Santos was directed to add more details to her plan.
[T]here is still noted deficiency in the planning of your classes overall. Although your lesson plans for Conversational Filipino and Filipino III are better organized than previously, they are still vague, lack detail and are not clear as to how they fit into a well-sequenced unit. They are still stand-alone lessons. In addition, your last written lesson plan for Filipino I was for October 24 -- two class meetings ago. For Filipino A IBS2, there was only one written lesson plan -- for October 17, the first day of the quarter. (Emphases ours.)Thereafter, Loy’s memo[33] dated November 14, 1996 sternly told Santos the following words:
Vangie, you stated that you had not revised your lesson plans, yet there was no reason. In light of my observation of your class on October 29 which followed, planning remains a major concern. I voiced concern that, given the draft of my October 29 observation which had three notations which did not meet expectations, you had not responded to my request for a follow-up conference. x x xThe memo[34] of Loy on November 15, 1996, further stated:
Vangie, you need to plan thematic units and daily lessons for each class which are well sequenced and relevant to the unit. This is one of the major areas of concern in your Professional Growth Plan. For you not to address this issue from our previous meetings, and to have a planning book that does not reflect proper planning, does not address the concerns of that Growth Plan; instead the concerns not only persist, they become more problematic. Vangie, to quote you, you “play it by ear.” Flexibility only works when you are flexible within a clear plan. Otherwise, “playing it by ear” is synonymous with “winging it day-by-day.” You must plan, and you need to begin your second semester outlines now. To this end, I am asking that you present a draft of your second semester syllabi and plans at our next meeting.”
Thank you for coming to speak with me as follow-up to our meeting yesterday and to share your impressions. You stated that you feel I am being too hard on you. However, when we reviewed your lesson planning book which you brought with you we noted the following:In the memo[35] dated December 6, 1996, Loy disclosed to Santos that:- For your Filipino 1 classes, there were lesson plans for November 6, 7 and 13, but no lesson plans for November 11 and 12.
- For your Conversational Filipino and Filipino 3 classes, there were at least three “lesson plans” with no activities listed.
- For your Filipino A1/S2, you had gone back to write, using a pen with a slightly different colored ink to fill in parts of the lesson plan which I noted as deficient in my observation report of October 29.
- There are no lesson plans for any class beyond today’s date.
Clearly, this indicates a lack of planning. With this as your planning guide, I cannot agree that I am “being too hard on you.” As I have stated, your daily planning is often vague at best; your long term planning does not exist in writing. A review of your planning book today only supports this. (Emphases ours.)
Concern was expressed by both Mr. Hammett and myself that, after eight months working with your Professional Growth Plan, we are still focused on but one of the four major areas of concern. Still to be addressed, following Planning, are concerns under the Teaching Act, Climate and Management. The third quarter is a crucial one for you, Vangie. We need to move beyond the initial concern in the Growth Plan to work in the other areas as well.On January 22, 1997, Loy observed the Filipino 3 class of Santos. The Classroom Standards Evaluation Form[36] he accomplished stated that Santos still needed improvement on the following aspects: (1) has daily lesson plans written out; (2) incorporates a variety of activities, resources and teaching strategies into the lesson; (3) provides an instructional sequence which is clear and logical, leading to stated objectives; and (4) states and enforces academic and classroom behavior expectations in a positive manner. Loy also remarked that Santos’s “lesson plans do not give a clear sense of direction towards a specified goal other than to reach the end of the chapter and the book.”
As I said today, Vangie, I find myself continuing to use the phrases “vague” and “lacking specifics” in reviewing your daily, unit, or semestral plans. Moreover, suggestions and contributions made in our meetings to address those concerns do not seem to affect your planning. In your lesson plans, your objectives are basic and elementary; your activities, vacuous. Objectives such as “enrich vocabulary,” “identify the theme of the chapter,” and “participate actively in discussion” (for a class of 7) are not fitting of a high school lesson plan, much less a pre-International Baccalaureate course. Your activities do not specify the format, criteria, analytical features, or relationship to the day’s/course’s objectives.Since then, Loy continued to voice his concerns on the planning process of Santos. He noted on his memo[38] dated February 7, 1997 that the objectives in Santos’s daily lesson plans were very generic and the activities listed were elementary and very basic. Judging from the lesson plans, Loy concluded that Santos’s planning is still substandard. On February 28, 1997, Loy sent another memo[39] to Santos, which informed her in no uncertain terms that the growth they see was insufficient. Other than the substandard lessons, Loy commented that there was virtually no written work nor adequate direction in her syllabus. Loy also warned her that “[c]ontinuance in this manner without marked improvement cannot be tolerated.”
While you claim that you are doing much more than what you have in your lesson plans, my contention is then, that the plans do not accurately reflect the lesson. As it is, I entered a question mark next to “plans for the entire instructional period” because your plan gave so little direction about what you were planning that day. If you know what the specific objectives are, based on assessment goals, and you plan to include an activity as part of the lesson, include it in the plan and be specific about what it is, what the criteria are, and why it is important. (Emphasis ours.)
With regards to IBS2 Filipino, three of the eight students did not submit world literature papers as required by the International Baccalaureate syllabus. Why? You have had these students for the past two years and know the syllabus of the course. This required component should have been part of the planning of the course throughout. Although these students are not IB diploma candidates, the paper should have been drafted, revised, reviewed and polished throughout the course of the past two years. As you admitted, you did not know until the day the papers were due that these students were not submitting a paper.On April 2, 1997, Jeffrey Hammett sent a memo[41] to Santos, likewise expressing his disappointment with the latter’s performance. Hammett stated:
With regards to your lesson planning, there is still a marked absence of writing activities in all your classes. x x x
Vangie, I hear that you feel you are doing a good job. What worries me, then, is your perception of how problematic this situation is. You are now one year into a Professional Growth Plan with incremental movement in just one of several areas of concern. I am disappointed that you believe that I do not want to have you continue as a member of our faculty. I have worked with you for the past twelve months on this growth plan, meeting with you no fewer [than] fifteen times since August 1996. Throughout this time, I have offered observations on the areas of deficiency and suggestions for ways to improve. Ms. Butt and Mr. Hammett have also been supportive of your stated desire to improve. We want you to be a successful teacher in the area you teach for the sake of our students. If, as you have confided, Filipino is not the language you would choose to teach, what are the options? Mr. Hammett said again for the record that he did try to schedule a section of Spanish this year, but was unable to do so. That situation may also exist next year as we already have four other teachers teaching Spanish. Knowing all this, it may be difficult to consider your placement next year.
I look forward to continued discussions with you, Vangie, as we search for ways to assist your improvement toward success as a teacher. I think we all realize, however, that we are running out of time.
Vangie, we have been focusing on your planning for just over one year now, and this is just the first of four areas we wanted to address in your growth plan of last March. We have met with you more than thirty times this past year to check-on, discuss, and help improve your planning processes. Your planning has become our number one concern. Still, as I look at the three-day plan you presented me today for this pre-IB Filipino 3 class (see attached) – note that this “plan” covers last Monday (31 March), today (2 April), and this coming Friday (4 April) - this one-page planning sheet is less than half complete. In fact, the “objectives” section contains nothing more than an unfinished sentence. You list no activities, no student outcomes. What’s more, I found nothing but blank pages for any future class sessions.Subsequently, on April 10, 1997, McCauley sent a letter[42] to Santos directing her to explain in writing why her employment from the School should not be terminated because of her failure to meet the criteria for improvement set out in her Professional Growth Plan and her substandard performance as a teacher.
In all honesty, Vangie, this illustrates to me even more explicitly than ever before how justified we are in focusing our concerns on your planning. You cannot keep the daily objectives, activities, and expected student outcomes only “in your head” and “wing it” as you did today. Frankly speaking, you know how concerned we are with your planning, and you also know that you and I have had informal conversations relative to your continued employment with us. I would have hoped and expected, therefore, to see the complete plans for this quarter in your folder, or at the very least, a thoroughly planned unit on Noli Me Tangere, the material being presented and covered this week. Your “plan” shows me very little, and what I do see is completely unacceptable!
For me, the reality of this unacceptable lesson plan only reinforces the concerns being expressed by Mr. Loy. You do not plan in any written and complete way for the success of your students, and this lack of planning is now, has been, and always will be unacceptable in our school and in our profession. (Emphasis ours.)
The law is clear that for an employee to be validly dismissed, it must be shown that the inefficiency or incompetency of the employee must be “gross or serious” and “habitual.” What is gathered from the submission made by the respondent is the fact that complainant Santos does not have the skill and competency to teach Filipino as she was observed by her superior and peers to be lacking in “preparation” of her lesson plan; she was not in control of her classes as observed since students come in late; and, she has not communicated well with her students what the expectations and objectives of the class were.Both parties appealed the Labor Arbiter’s Decision to the National Labor Relations Commission (NLRC).[52] The appeals were docketed as NLRC CA No. 028558-01.
Based on the above arguments, it is this Office’s finding, that if she was measured against them, the complainant could not be considered as grossly or seriously inefficient or incompetent and therefore her dismissal is unwarranted. It is unwarranted since her being caught once for not preparing her lesson plan for the day is not and could not be, by itself as “gross or serious” as defined by law. Likewise, the observations made by her superior and peers could not be the basis for concluding or finding that she is grossly incompetent or inefficient.
The attendance of students to a greater extent is outside the control of the teacher. To hold her grossly incompetent on account of the late coming of students under her class is erroneous application of the intent of the law.
x x x x
This Office observed first hand (sic) the strained relations that developed and at times consumed the parties, making reinstatement a not prudent disposition of the case, for it will only inflame so far the subdued and subsiding emotions.
This Office was witness to the long and emotional and loud arguments that transpire every hearing. This Office had to step in most of the times to control flying tempers and emotions. Thus, in lieu of reinstatement, the respondent is directed to pay complainant separation pay equivalent to one-half (1/2) month salary for every year of service.
Full backwages will not be awarded as well considering the fact that complainant is not without fault. Partly, she contributed to the problem she found herself in only that, it is not “serious” or “gross” to make a finding of legality of her termination. She is, therefore, awarded a limited backwages not to exceed a year and a half in backwages as a form of penalty.
x x x x
WHEREFORE, judgment is hereby rendered as follows:
1. The complaint for unfair labor practice is dismissed for lack of merit;
2. The complaint of Rucio is dismissed for lack of merit;
3. The dismissal of Santos is declared unwarranted, and in view thereof, she is ordered paid separation pay in lieu of reinstatement in the amount of Seven Hundred Fifty[-]Six Thousand Five Hundred Thirty[-]Six and 55/100 (P756,536.55) Pesos, and, she is likewise ordered [paid] a limited backwages equivalent to one and a half (1 ½) year in the amount of One Million One Hundred Fifty[-]Two Thousand Eight Hundred Seventeen and 60/100 (P1,152,817.60) Pesos (please see computation Annex “A”);
4. Ms. Filler is declared a regular employee. She is ordered paid backwages and benefits due a regular employee covering the period from July 25, 1994 to the time of the rendition of this decision in the total amount of One Million Thirty[-]Three Thousand Three Hundred Seventy Five and 80/100 (P1,033,375.80) Pesos (please see computation Annex “A”).
All other claims are denied for lack of merit.[51] (Emphasis ours.)
WHEREFORE, premises considered, the appeal is dismissed for lack of merit and the Decision appealed from is affirmed en toto.The NLRC upheld the ruling of the Labor Arbiter that Santos’s dismissal from employment was not warranted given that “her being caught once for not preparing her lesson plan for the day is not and could not be, by itself, as gross or serious as defined by law. Likewise, the observations made by her superior and peers could not be the basis for concluding or finding that she is grossly incompetent or inefficient.”[54] The NLRC found the conclusion of the Labor Arbiter to be supported by substantial evidence.
UPON THE VIEW WE TAKE OF THIS CASE, THUS, the instant petition is PARTLY GRANTED. The Resolution of public respondent National Labor Relations Commission dated February 28, 2003, in NLRC CA No. 028558-01, and its Resolution of June 30, 2003 on the partial motion for reconsideration are AFFIRMED subject to the MODIFICATION that the award to private respondent METH[E]LYN FILLER of backwages and benefits due a regular employee from July 25, 1994 until the rendition of the Labor Arbiter’s decision on April 3, 2001 is hereby DELETED. Without costs.[58]Brushing aside the argument that Santos did not exercise slight care or diligence in the performance of her duties, the Court of Appeals pointed out that Santos did exert efforts to improve her performance, which led to a revision of her original Professional Growth Plan. Echoing the findings of the Labor Arbiter and the NLRC, the Court of Appeals agreed that Santos could not be said to be habitually neglectful of her duties after she was “caught once with an inadequately prepared lesson plan in 1997.”[59] Although the Court of Appeals acknowledged that Santos’s performance as a teacher was not at all satisfactory, it ruled that the same did not warrant the penalty of dismissal. To the appellate court, a penalty of suspension from work was more equitable under the circumstances. As a matter of right, Santos was adjudged to be entitled to reinstatement and backwages. However, given the deep antagonism between her and the petitioners, the Court of Appeals ordered the award of separation pay in lieu of reinstatement.
Petitioners argue that Santos’s repeated failure to maintain the standards of quality teaching expected from every faculty member of the School illustrates her gross and habitual neglect of her duties, which is a just cause for dismissal under Article 282 of the Labor Code. Petitioners lament the fact that the Court of Appeals allegedly substituted its own judgment with the reasonable standards of teaching set by the School. Petitioners point out that there was neither a finding that such standards were arbitrary, nor was the evaluation process biased or that the School or any of its personnel was motivated by ill will against Santos. Petitioners stress that Santos was not dismissed solely on the ground that she failed to prepare her lesson plan for one particular day. On the contrary, petitioners assert that Santos was dismissed from employment because she repeatedly failed to meet the standards required by the school from 1993 to 1997. According to petitioners, this repeated failure, especially after the one-year remediation period wherein school administrators met with Santos no less than thirty (30) times to check on her, clarify and discuss her planning process, and help her improve her performance, was clearly overlooked by the Court of Appeals.
a) WHETHER OR NOT THE COURT OF APPEALS ERRED IN FINDING THAT RESPONDENT EVANGELINE SANTOS WAS ILLEGALLY DISMISSED; and b) WHETHER OR NOT RESPONDENT EVANGELINE SANTOS IS ENTITLED TO REINSTATEMENT OR SEPARATION PAY WITH BACKWAGES.[61]
ART. 282. Termination by employer. – An employer may terminate an employment for any of the following causes:In all cases involving termination of employment, the burden of proving the existence of the above just causes rests upon the employer.[66] The quantum of proof required in these cases is substantial evidence, that is, such relevant evidence that a reasonable mind might accept as adequate to support a conclusion, even if other equally reasonable minds might conceivably opine otherwise.[67]
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and
(e) Other causes analogous to the foregoing.
Gross negligence connotes want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them. Fraud and willful neglect of duties imply bad faith of the employee in failing to perform his job, to the detriment of the employer and the latter’s business. Habitual neglect, on the other hand, implies repeated failure to perform one’s duties for a period of time, depending upon the circumstances. (Citations omitted, emphasis supplied.)We also reiterated in Union Motor Corporation v. National Labor Relations Commission[69] that in dismissing an employee for gross and habitual neglect of duties, the negligence should not merely be gross, it should also be habitual.
[G]ross inefficiency falls within the purview of “other causes analogous to the foregoing,” and constitutes, therefore, just cause to terminate an employee under Article 282 of the Labor Code. One is analogous to another if it is susceptible of comparison with the latter either in general or in some specific detail; or has a close relationship with the latter. “Gross inefficiency” is closely related to “gross neglect,” for both involve specific acts of omission on the part of the employee resulting in damage to the employer or to his business. In Buiser vs. Leogardo, this Court ruled that failure to observe prescribed standards of work, or to fulfill reasonable work assignments due to inefficiency may constitute just cause for dismissal. (Emphases ours; citations omitted.)Viewed in light of the above doctrines, the Court is not convinced that the actuations of Santos complained of by the petitioners constituted gross and habitual neglect of her duties.
It is the policy of the International School Manila to assist teachers in the improvement of classroom instruction at all levels in order to provide the highest quality educational program at ISM. To that end, procedures have been established which include 1) the promotion of on-going professional growth, 2) on-going supervision including regular monitoring, improvement of instructional practices and evaluation for continuing employment or tenure, and 3) evaluation (performance assessment, directed assistance, remediation and, if necessary, termination of employment).[81]Included in the supervision and evaluation process are formal and informal observations of a faculty member’s performance in his/her classes. Thus,
2.1 Formal observations will take several forms. Some will be total [sic] unannounced, with or without a pre-observation conference. Others will be scheduled in advance, possibly including a pre-observation conference, and with a post observation conference. One component of the formal observation will always be a written commentary by the supervisor or colleague making the observation.From the foregoing, it is clear that the Labor Arbiter erred in not giving weight to the observations made by Santos’s superiors and peers in determining whether she was grossly inefficient or not.
x x x x
2.3 Drop-in, informal observations, will be a part of the supervision and evaluation process. Drop-ins may be of any length, from a few minutes to an hour or more. A note from the observer confirming his or her impressions will be helpful to the teacher observed.[82]
The law imposes many obligations on the employer such as providing just compensation to workers, observance of the procedural requirements of notice and hearing in the termination of employment. On the other hand, the law also recognizes the right of the employer to expect from its workers not only good performance, adequate work and diligence, but also good conduct and loyalty. The employer may not be compelled to continue to employ such persons whose continuance in the service will patently be inimical to his interests. (citations omitted.)As regards the requirements of procedural due process, Section 2(d) of Rule 1 of The Implementing Rules of Book VI states that:
For termination of employment based on just causes as defined in Article 282 of the Labor Code:In this case, the School complied with the above requirements. After a thorough evaluation of Santos’s performance, the School held a series of conferences and meetings with Santos, in order to improve her performance. On March 29, 1996, the School required Santos to undertake a Professional Growth Plan. Thereafter, when the intervention of the School failed to yield any considerable improvement on Santos, McCauley wrote her a letter on April 10, 1997, which required her to explain in writing within forty-eight (48) hours why her employment should not be terminated in view of her failure to meet the standards of the School on very specific areas of concern. On April 16, 1997, Santos responded to McCauley’s letter, asking why she was being required to explain. On April 21, 1997, McCauley wrote Santos a letter informing her that an administrative investigation would be conducted on April 23, 1997 where she would be given the opportunity to be heard. On April 23, 1997, an administrative investigation was conducted. Santos appeared therein with the assistance of ISAE President Ching. In a letter dated May 29, 1997, the School informed Santos of its decision to terminate her employment on the ground of her failure to meet the standards of the School, which as discussed was tantamount to gross inefficiency.
(i) A written notice served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side.
(ii) A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires is given opportunity to respond to the charge, present his evidence, or rebut the evidence presented against him.
(iii) A written notice of termination served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. (Emphases ours.)
We hold that henceforth separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character. Where the reason for the valid dismissal is, for example, habitual intoxication or an offense involving moral turpitude, like theft or illicit sexual relations with a fellow worker, the employer may not be required to give the dismissed employee separation pay, or financial assistance, or whatever other name it is called, on the ground of social justice.In Toyota Motor Phils. Corp. Workers Association v. National Labor Relations Commission,[87] we modified our ruling in PLDT in this wise:
x x x x
The policy of social justice is not intended to countenance wrongdoing simply because it is committed by the underprivileged. At best it may mitigate the penalty but it certainly will not condone the offense. Compassion for the poor is an imperative of every humane society but only when the recipient is not a rascal claiming an undeserved privilege. Social justice cannot be permitted to be refuge of scoundrels any more than can equity be an impediment to the punishment of the guilty. Those who invoke social justice may do so only if their hands are clean and their motives blameless and not simply because they happen to be poor. This great policy of our Constitution is not meant for the protection of those who have proved they are not worthy of it, like the workers who have tainted the cause of labor with the blemishes of their own character.
In all of the foregoing situations, the Court declined to grant termination pay because the causes for dismissal recognized under Art. 282 of the Labor Code were serious or grave in nature and attended by willful or wrongful intent or they reflected adversely on the moral character of the employees. We therefore find that in addition to serious misconduct, in dismissals based on other grounds under Art. 282 like willful disobedience, gross and habitual neglect of duty, fraud or willful breach of trust, and commission of a crime against the employer or his family, separation pay should not be conceded to the dismissed employee.In the instant case, the Court finds equitable and proper the award of separation pay in favor of Santos in view of the length of her service with the School prior to the events that led to the termination of her employment. To recall, Santos was first employed by the School in 1978 as a Spanish language teacher. During this time, the records of this case are silent as to the fact of any infraction that she committed and/or any other administrative case against her that was filed by the School. Thus, an award of separation pay equivalent to one-half (1/2) month pay for every year of service is awarded in favor of Santos on grounds of equity and social justice.[88]
In analogous causes for termination like inefficiency, drug use, and others, the NLRC or the courts may opt to grant separation pay anchored on social justice in consideration of the length of service of the employee, the amount involved, whether the act is the first offense, the performance of the employee and the like, using the guideposts enunciated in PLDT on the propriety of the award of separation pay. (Emphasis ours.)