[ LABOR 2 | ATTY.
NOLASCO ] 1
13. MT. Carmel College, Bishop Labayen and Salud vs. NLRC and Baez.
G.R. No.117514, October 4, 1996
Ponente: Puno, J
Digest by: Bacina
TOPIC: Types of Employees
PARTIES:
Employer: Mt. Carmel College
Employee: Normita Baez
DOCTRINE:
A calendar year consists of 12 months, while a school year consists only of 10
months. A school year begins in June of one calendar year and ends in March
of the succeeding calendar year.
RECIT-READY: Petitioners hired private respondent as a teacher. She did not
pass the board exams, so she was terminated on March 1992 (end of school
year). She filed a complaint for illegal dismissal. The NLRC held that the
dismissal was valid, however ordered to pay the unexpired term. The SC
disagreed with the NLRC. There is no unexpired term. A school year is different
from a calendar year. A calendar year has 12 months while a school year only
has 10. A school year begins in June of one calendar year and ends in March
of the succeeding calendar year. Thus, April, May and June are not included.
FACTS:
 Petitioner school hired private respondent as a grade school teacher
under a written Contract of Probationary Employment. It is provided in
the contract that period of employment by private respondent shall be
deemed to run from SY 1989-1990 up to SY 1991-1992 (day to day
of month to month). It was also provided that her services may be
terminated at any time after she fails to comply with the conditions laid
down.
 In March 1992(end of school year), private respondent was terminated
because she did not pass the board exams. She subsequently filed a
case for illegal dismissal against petitioner school.
 The LA found petitioners guilty of illegal dismissal. Upon appeal to the
NLRC, the latter ruled that the termination was legal. However, it also
ruled that petitioners pay the unexpired portion of her probationary
period.
ISSUE/S:
When is the expiration of the probationary period of private respondent?
And Whether petitioners are liable for payment equivalent to the unexpired
portion (if any)?
HELD:
March 1992 (school year is only for 10 months, beginning from June and ends
in March. No, Petitioner cannot be made to pay for the Months of April, May
and June.
 There is a difference between a calendar year and a school year
(Espiritu Santo Parochial School vs. NLRC, CSA vs. NLRC). As was
held in the Espiritu case, “the petitioners cannot talk of a three-year
probationary period as provided in the manual of Regulations for
Private Schools. If it expires per school year, it is not a 3-year period.
In the CSA case, it was held that “as applied to private school
teachers, the probationary period is 3 years as provided in the manual
of Regulations for Private Schools. It must be stressed that the law
speaks of 3 years not 3 school years”.
 It is to be noted that a calendar year is 12 months, while a school
year is 10 months. A school year begins in June and ends in
March of the succeeding year. The NLRC erred when it found that
private respondents probationary employment was suppose to end in
June 1992. The contract clearly states the term of private respondent
shall begin in the opening school year of 1989 (June 1989) and shall
end at the closing year of 1991-1992 (March 1992). Therefore,
petitioners cannot be compelled to pay the months of April, May and
June, as her employment already ceased in March.
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