“O” was a professor and the assistant chairperson of the Social Sciences Department of a university. “O” was also the president of the university union, a duly registered labor union and the sole and exclusive bargaining agent of the university’s faculty and non-academic personnel.
On 5 September 2014, the university received an administrative complaint filed by a student against “O.” The student claimed that “O” abused her and accordingly violated the university’s code of conduct and Republic Act No. 7610.
According to the student, she encountered “O” as the latter was about to enter the university’s faculty room. She held the doorknob on her way out of the office, while “O” held the opposite end of the doorknob. When she stepped aside, “O” allegedly exclaimed the words “anak ng puta” and walked on without any remorse. The student claims that she experienced emotional trauma from “O”‘s conduct.
The university thus charged “O” with gross misconduct and unprofessional behavior in violation of Section 16 (4) of Batas Pambansa Blg. 232, or the Education Act of 1982.1SECTION 16. Teacher’s Obligations. — Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter’s parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students’ scholastic ratings for acts that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies. (Emphasis supplied)
The university eventually dismissed “O” after complying with the requirements of procedural due process. “O” then proceeded to file a complaint for illegal dismissal and unfair labor practice against the university.
“O” denied that he “unjustifiably, angrily” yelled “anak ng puta” at the student. He pointed out inconsistencies in her testimony, arguing that he was in his classroom, and not where she had claimed, when the incident happened. In any case, “O” insisted that he had no motive to malign the student, who was never enrolled in any of his classes, and whom he did not know before the alleged incident.
“O” also contended that “anak ng puta” per se is neither defamatory nor constitutive of gross misconduct and unprofessional behavior. He argued that there was no proof that he had perverse or corrupt motivations in violating the school policy.
“O” added that should he be found guilty, dismissal was too harsh a penalty for the alleged infraction, especially since it would have been his first offense after 20 years of service. He believed that he was well loved by his students and that he had been professional throughout his stint, mindful of others’ feelings.
“O” further contended that his dismissal constituted unfair labor practice as it was done on account of his union activities, which involved taking a stand against the school’s K-12 policies. He claimed that the university saw the complaint as an opportunity to get rid of him for being critical of the university’s actions. He also asserted that the dismissal was done at the time the union was mourning the death of its secretary.
Was “O” validly dismissed from employment?
The Supreme Court ruled that “O”‘s dismissal was valid.
Article 297 of the Labor Code of the Philippines provides that an employer may terminate an employment for serious misconduct.
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 [297] 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.
Misconduct is not considered serious or grave when it is not performed with wrongful intent. If the misconduct is only simple, not grave, the employee cannot be validly dismissed.2National Labor Relations Commission v. Salgarino, G.R. No. 164376, July 31, 2006, 529 PHIL 355-376
The Court stated that a teacher exclaiming “anak ng puta” after having encountered a student is an unquestionable act of misconduct. However, the Court also clarified that whether the said expression constitutes serious misconduct that warrants the teacher’s dismissal will depend on the context of the phrase’s use. “Anak ng puta” is similar to “putang ina” in that it is an expletive sometimes used as a casual expression of displeasure, rather than a personal attack or insult.3Pader v. People, G.R. No. 139157, February 8, 2000, 381 PHIL 932-937
In the present case, the Court found that the utterance in question, “anak ng puta,” was an expression of annoyance or exasperation. Both “O” and the student were pulling from each side of the door, prompting “O” to exclaim frustration without any clear intent to maliciously damage or cause emotional harm upon the student. That they had not personally known each other before the incident, and that “O” had no personal vendetta against the student as to mean those words to insult her, confirm this conclusion.
However, the Court considered other relevant circumstances that aggravated the misconduct he committed.
First, he not only denied committing the act, but he also refused to apologize for it and even filed a counter-complaint against the student for supposedly tarnishing his reputation. He even refused to sign the receiving copy of the notices that sought to hold him accountable for his act.
According to the Court, while uttering an expletive out loud in the spur of the moment is not grave misconduct per se, the refusal to acknowledge this mistake and the attempt to cause further damage and distress to a minor student cannot be mere errors of judgment. “O”‘s subsequent acts are willful, which negate professionalism in his behavior. They contradict a professor’s responsibility of giving primacy to the students’ interests and respecting the institution in which he teaches. In the interest of self-preservation, “O” refused to answer for his own mistake; instead, he played the victim and sought to find fault in a student who had no ill motive against him.
The Court added that had he been modest enough to own up to his first blunder, “O”‘s case would have gone an entirely different way.
Second, a similar complaint had already been filed against “O”: that of verbal abuse against another student.
And third, “O” was found to have exhibited aggressive behavior to his colleagues in that he shouted at co-professors, displayed a dirty finger sign against his immediate superior, and challenged a co-professor to a fist-fight.
For the Court, the foregoing circumstances revealed “O”‘s pugnacious character and ill-mannered conduct.
The Court stressed that in determining the sanction imposable on an employee, the employer may consider the former’s past misconduct and previous infractions.4Sy v. Neat, Inc., G.R. No. 213748, November 27, 2017
Employers are not expected to retain an employee whose behavior causes harm to its establishment. 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 its interests. 5Sugue v. Triumph International (Phils.), Inc., G.R. Nos. 164804 & 164784, January 30, 2009, 597 PHIL 320-342
In the present case, “O” cannot rely on his 20-year stay in the university to shield him from liability. The longer an employee stays in the service of the company, the greater is his responsibility for knowledge and compliance with the norms of conduct and the code of discipline in the company.6Punzal v. ETSI Technologies, Inc., G.R. Nos. 170384-85, March 9, 2007, 546 PHIL 704-719
For the Court, “O”‘s dismissal was valid.
Did “O”‘s dismissal from employment constitute unfair labor practice?
The Supreme Court ruled that the university was not guilty of unfair labor practice.
Under Article 258 of the Labor Code of the Philippines, unfair labor practices are violative of the constitutional right of workers to self-organize.
Jurisprudence teaches that the person who alleges the unfair labor practice has the burden of proving it with substantial evidence.7UST Faculty Union v. University of Santo Tomas, G.R. No. 180892, April 7, 2009, 602 PHIL 1016-1036 In determining whether an act of unfair labor practice was committed, the totality of the circumstances must be considered. If the unfair treatment does not relate to or affect the workers’ right to self-organize, it cannot be deemed unfair labor practice. A dismissal of a union officer is not necessarily discriminatory, especially when that officer committed an act of misconduct. In fact, union officers are held to higher standards.8Republic Savings Bank v. Court of Industrial Relations, G.R. No. L-20303, October 31, 1967, 128 PHIL 230-247 and Great Pacific Life Employees Union v. Great Pacific Life Assurance Corp., G.R. No. 126717, February 11, 1999, 362 PHIL 452-466
In the present case, the Court found that “O”‘s dismissal, which was brought about by his personal acts, did not constitute unfair labor practice as provided under the Labor Code of the Philippines. Dismissing him was not meant to violate the right of the university employees to self-organize. Neither was it meant to interfere with the Union’s activities. The Court further stated that “O” failed to prove that the proceedings against him were done with haste and bias. And although the Court noted “O”‘s defense that he was the union president, this does not make him immune from liability for his acts of misconduct.
The Court reiterated the principle that the employer’s management prerogative to dismiss an employee is valid as long as it is done in good faith and without malice.9 In this case, this Court found no bad faith on the part of the university when it dismissed “O” from employment. “O”‘s claim of unfair labor practice thus failed.
Further reading:
- Adamson University Faculty and Employees Union v. Adamson University, G.R. No. 227070, March 9, 2020.
