SC affirms dismissal of case filed by teacher against UV

CEBU, Philippines - The Supreme Court (SC) of the Philippines affirmed the decision of the lower court that a former professor of the University of the Visayas was not illegally dismissed from service.

 In his one-page notice, deputy division clerk of court Wilfredo Lapitan of the third division denied the petition for review on certiorari filed by Dr. Paulus Mariae Cañete over the decision of the Court of Appeals (CA) dismissing his appeal over monetary claims.

“The court resolves to deny the petition for failure to show any reversible error in the challenged decision and resolution as to warrant the exercise of the court’s discretionary appellate jurisdiction,” Lapitan ruled.

 Cañete appealed the case before the SC after Associate Justice Pamela Ann Abella-Maxino of the CA special 19th division affirmed the decision of the National Labor Relations Commission (NLRC).

 The NLRC affirmed the decision of Labor Arbiter Ricardo Barrios, Jr. dated Sept. 11, 2007 dismissing Cañete’s complaint for illegal dismissal and monetary claims for insufficiency of evidence.

Cañete was hired by the university during the first semester of Academic Year 1998-1999, as a professor for the College of Arts and Sciences (CAS) and the Graduate School Department (GSD). He then became a permanent and full-time teacher. He handled teaching loads ranging to 24 to 30 academic units per semester.

 However, Cañete alleged he was not given teaching loads for the first semester of Academic Year 2005-2006 by then CAS Dean Jocelyn Moran.

 â€œâ€¦Moran informed petitioner that he could not get his teaching load until he sees and talks to UV’s Assistant Vice-President for Administration Gerald Anthony Gullas,” he said, adding he immediately went to the office of Gerald Anthony, now congressman but he was told by his secretary that the latter “would not meet him.”

 Sometime in July 2005, Cañete said he received a letter confirming his dismissal from the university.

On Aug. 17, 2005, he filed a complaint for illegal dismissal, backwaters, separation pay in lieu of reinstatement, damages and attorney’s fees against the school and/or Eduardo Gullas, as owner.

 Contrary to the allegation of Cañete, private respondents said on June 7, 2005, the latter got a copy of his tentative teaching loads from the office of the CAS.

 However, in the early part of June, Dr. Milagros Cañete, petitioner’s mother informed UV’s Vice-President for External Affairs Atty. Joseph Baduel that her son was allegedly not happy with his work and wanted to resign.

 Baduel reported the information to the university. Moran then distributed the petitioner’s tentative teaching loads to other teachers.

 Cañete, however, reportedly changed his mind. Baduel sent a letter to Cañete and suggested for him to inform the dean of his availability for teaching loads in the next school year.

The school stated that they did not dismiss Cañete from the service since it was Cañete, who left UV. Cañete was then employed at the new Mandaue City College and was officially appointed as president of the said school on Jan. 2, 2006.

 â€œPetitioner therefore, resigned from his teaching job in UV,” the document read.

With the foregoing, Barrios dismissed the complaint for the insufficiency of evidence dated Sept. 11, 2007.

 On May 30, 2008, the NLRC affirmed the ruling of Barrios. The NLRC said the failure of petitioner to file his motion for reconsideration (MR) within the 10 days prescribed period made the decision of Labor Arbiter final and executory. Cañete reportedly filed his MR four days after the 10-day period.

 Meanwhile, Lapitan informed Cañete or his authorized representative to get his excess payment of the prescribed legal fees in the amount of P470 from the Cash Disbursement and Collection Division of the said court. (FREEMAN)