I got this email from our alumni yahoo groups almost a year ago. It’s about my former adviser who I didn’t know what happened to her after our graduation. This was the reason why she didn’t stay with the school after we graduated. I was one of the students of HS4C but was not one of the students who failed then given a chance to pass the subject.
National Labor Relations Commission, St. Jude Catholic School, Rev. Fr. Noel Bejo, Ms. Priscilla Lopez, Ms. Natividad Tan, Ms. Vilma Lao, Ms. Jennifer Gil, Ms. Remedios Cabanlit and Mr. Camilo Gelido v. Ma. Bernadette Salgarino
In April 1988, respondent Maria Bernadette A. Salgarino was employed by petitioner St. Jude Catholic School as Mathematics teacher. She was tasked to teach Algebra, Trigonometry, Statistics and Analytical Geometry for third and fourth year high school students. On 15 February 1999, or two weeks before the fourth periodical test of that school year, respondent went on maternity leave. She was expected to be back in petitioner school on 19 March 1999. During her official leave, she conducted make-up tests in her house in order to improve the grades of some of her students. However, this was done by the respondent without the prior permission of petitioners. At this same period, her co-teachers, Ms. Maria Luisa Capistrano (Capistrano) , Mrs. Angelita Rivera and Mrs. Michel Bongyad substituted for her in her classes. On 2 March 1999, the periodical test for Mathematics IV was conducted and the same was administered by Capistrano, since respondent was still on leave.
One of herein petitioners, Head Teacher Ms. Priscila Lopez (Lopez), instructed the substitute teachers to check the test papers and compute the grades of the students in Sections 4-A, 4-B and 4-C.
On 9 March 1999, the white sheets or the grading sheets for the 4th year students were accomplished by the substitute teachers. It was shown that some 4th year students obtained a failing grade in Math. Subsequently, respondent, while still on leave, requested Capistrano to deliver to her house the white sheets which contained the grades in Math of respondent’s students. Capistrano delivered the white sheets to respondent’s home through a student named Eunice Weeguano. Upon receiving them, respondent encircled the failing grades under the column of Daily Work (DW) and placed a passing grade beside each encircled grade. Respondent asserted that as the handling teacher, she had the prerogative to pass her students. She revealed that she required her students to do some projects and conducted make-up tests for them before she went on maternity leave and to improve the final grades of the concerned students. She avers that out of valid and humanitarian reasons, she indicated a passing grade of 75% beside the grades of those with failing grades.
Upon return of the white sheets, the substitute teachers noticed therein the additions made by respondent. The substitute teachers immediately reported the matter to Lopez who, in turn, referred the matter to petitioner Rev. Fr. Noel Bejo (Fr. Bejo), SVD, Acting Director/Principal of petitioner school.
On 26 March 1999, respondent was investigated for her act of increasing the grades of her students while she was on maternity leave. Respondent and the substitute teachers were allowed to attend and participate in the investigation.
The investigating panel reached the conclusion that respondent altered her students’ grades while she was on leave, which is, according to them, a case of education malpractice or grave misconduct and grossly prejudicial to the good name of the petitioner school. In particular, the investigating committee found respondent to have violated Article XV, Section 79 and Article XVII, Section 94, paragraph (b) of the Manual of Regulations for Private Schools
On these bases, the members of the investigating committee ruled to terminate respondent’s services.
According to petitioners, Section 79 of the Manual of Regulations for Private Schools mandates that a student’s grade should be based solely on his academic performance; that it is therefore a serious academic malpractice or grave misconduct for respondent to give grades that are not based on their scholastic performance; that it is a serious misconduct for respondent to give grades at the time she was still on maternity leave because she has no moral or legal authority then to do so; that there is nothing in the Manual which states that a teacher has the discretion or the option as to what grade she will give her students; and that a teacher has the obligation to determine the grades of students based solely on their academic performance.
Truly, then, respondent had committed a misconduct. However, such misconduct is not serious enough to warrant her dismissal from employment under paragraph (a) of Article 282 of the Labor Code.
Misconduct is defined as improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character and implies wrongful intent and not mere error of judgment. The misconduct to be serious within the meaning of the act must be of such a grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must nevertheless be in connection with the work of the employee to constitute just cause from his separation.
In order to constitute serious misconduct which will warrant the dismissal of an employee under paragraph (a) of Article 282 of the Labor Code, it is not sufficient that the act or conduct complained of has violated some established rules or policies. It is equally important and required that the act or conduct must have been performed with wrongful intent.
Based on the foregoing, respondent may have committed an error of judgment in deciding to pass her students, but it cannot be said that she was motivated by any wrongful intent in doing so. As such, her misconduct cannot be considered as grave in character which would warrant her dismissal from employment. We, thus, find her to be guilty only of simple misconduct. It is settled that a misconduct, which is not serious or grave, cannot be a valid basis for dismissing an employee.
As a caveat, it would do well for respondent to act more conscientiously and with more regard to the policies of petitioners in the future. A repetition or similar misconduct may call for a more severe penalty in the future.