October 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 198002 : October 19, 2011]
AMALIA D. SALCEDO V. DLSU-PROFESSIONAL SCHOOLS, INC.
G.R. No. 198002 (Amalia D. Salcedo v. DLSU-Professional Schools, Inc.) and G.R. No. 198003 (DLSU-Professional Schools, Inc. v. Amalia D. Salcedo).
RESOLUTION
The Court, after a review of the records, resolves to DENY the consolidated petitions for failure to show that the Court of Appeals (CA) committed reversible error in its Decision dated December 16, 2010 in CA-G.R.SP 99623.
In G.R. 198002, the Court affirms that there was a valid cause for the dismissal of petitioner Amalia D. Salcedo. While the records showed that she repeatedly took leaves of absence for extended periods of time due to emergency family matters in Thailand, she failed to show that awaiting the approval of her applications for leave, which would only take a few days, would be detrimental to her family. On the other hand, her numerous absences affected the quality of her work as well as her efficiency to the detriment of respondent DLSU-Professional Schools, Inc. As the CA aptly noted, repeated absences coupled with inefficiency constitute gross and habitual neglect of duties which is a valid cause for dismissal.
In G.R. 198003, the Court affirms that petitioner DLSU-Professional Schools, Inc. failed to observe due process when it dismissed respondent Amalia D. Salcedo. Indeed, the Memorandum dated March 16, 2004 only warned Salcedo that DLSU will take the necessary legal actions if she still failed to report back for work. It did not charge her of any violation or inform her that she will be dismissed as a result of her absence. This deprived her of the opportunity to be heard. As such, the Court affirms the award of P30,000.00 as nominal damages in accordance with the Agabon ruling. Moreover, the Court NOTES that the petition was improperly verified, the same having been made based on personal knowledge and "belief."
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court