NLRC VS Salgarino

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, petitioners,
vs.
MA. BERNADETTE S. SALGARINO, respondent.
The case involves a dispute between the petitioners (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) and the respondent, Ma.
Bernadette S. Salgarino.
In April 1988, Salgarino was employed by St. Jude Catholic School as a Mathematics teacher.
In February 1999, two weeks before the fourth periodical test of that school year, Salgarino went
on maternity leave. During her leave, she conducted make-up tests in her house without prior
permission from the school. Her co-teachers substituted for her in her classes during this period.
Upon return, Salgarino requested the grading sheets from the substitute teachers and
proceeded to change failing grades to passing grades, asserting that as the handling teacher,
she had the prerogative to pass her students. This led to an investigation, and a panel
concluded that Salgarino altered her students' grades, constituting education malpractice or
grave misconduct.
Subsequently, Salgarino was terminated from her position, prompting her to file a complaint for
illegal dismissal with the Labor Arbiter. The Labor Arbiter ruled in favor of Salgarino, declaring
her dismissal illegal. However, the National Labor Relations Commission (NLRC) reversed this
decision, stating that Salgarino's act of giving failing students higher grades justified her
dismissal. The Court of Appeals later reversed the NLRC decision, reinstating the Labor
Arbiter's ruling. The petitioners then filed a petition for review with the Supreme Court.
The main issues raised by the petitioners include whether Salgarino's act of changing failing
grades constitutes serious misconduct justifying dismissal and whether the Court of Appeals
erred in reinstating the Labor Arbiter's decision.
The Supreme Court analyzed the nature of Salgarino's actions and concluded that while she
committed misconduct, it was not serious enough to warrant dismissal. The Court emphasized
that to constitute serious misconduct, the act must be of a grave and aggravated character,
performed with wrongful intent. In Salgarino's case, there was no evidence of wrongful intent or
ulterior motive; rather, she claimed to have acted out of humanitarian consideration to help her
students.
The Court also considered Salgarino's long tenure, lack of previous derogatory record, and her
academic excellence awards. It found the dismissal disproportionate to the offense, categorizing
her actions as simple misconduct rather than serious misconduct.
Article XV, Section 79. Basis for Grading. The final grade or rating given to a pupil or
student in a subject should be based solely on his scholastic performance. Any addition
or diminution to the grade in a subject for co-curricular activities, attendance, or
misconduct shall not be allowed, except as may otherwise be explicitly provided for by
an individual school x x x, and provided further that such adjustments are relevant to the
subject content and requirements x x x.
Article XVII, Section 94, par. (b). Negligence in keeping school or student records, or
tampering with or falsification of the same;
Additionally, the Court addressed the reliance on Section 94(b), Article XVII of the Manual of
Regulations for Private Schools, which allows termination for negligence in keeping school or
student records or tampering with them. The Court noted that the use of the word "may" in the
provision implies discretionary authority rather than mandatory dismissal. The Court
emphasized that such authority should not be exercised arbitrarily, and in Salgarino's case, the
circumstances mitigated her misconduct.
Ultimately, the Supreme Court upheld the Court of Appeals' decision, declaring Salgarino's
dismissal as illegal, and ordered her reinstatement with back wages.

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NATIONAL LABOR RELATIONS COMMISSION, ST. JUDE CATHOLIC SCHOOL, REV. FR.

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