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LOLITA R. LACUESTA VS.

ATENEO DE MANILA UNIVERSITY


FACTS:
Respondent Ateneo hired, on a contractual basis, petitioner Lolita R. Lacuesta as a part-time lecturer for the 2nd semester of school year
1988-1989. She was re-hired, still on a contractual basis, for the 1st and 2nd semesters of school year 1989-1990. Petitioner was appointed as fulltime instructor on probation effective June 1, 1990 until March 31, 1991. Her contract as faculty on probation was renewed on April 1, 1991 until
March 31, 1992 and again from April 1, 1992 until March 31, 1993. During years she was on probation status. In a letter dated January 27, 1993,
respondent notified petitioner that her contract would no longer be renewed because she did not integrate well with the English Department and that
she was not being terminated, but her contract would simply expire; hence, Lacuestas petition.
ISSUE:
Whether or not petitioner has already acquired permanent employment and was illegally dismissed.
RULING:
The requisites to acquire permanent employment, or security of tenure, are (1) the teacher is a full-time teacher; (2) the teacher must have
rendered three consecutive years of service; and (3) such service must have been satisfactory. Only when one has served as a full-time teacher can
he acquire permanent or regular status. The petitioner was a part-time lecturer before she was appointed as a full-time instructor on probation. As a
part-time lecturer, her employment as such had ended when her contract expired. Thus, the three semesters she served as part-time lecturer could
not be credited to her in computing the number of years she has served to qualify her for permanent status. Moreover, completing the probation
period does not automatically qualify her to become a permanent employee of the university. Petitioner could only qualify to become a permanent
employee upon fulfilling the reasonable standards for permanent employment as faculty member. Consistent with academic freedom and
constitutional autonomy, an institution of higher learning has the prerogative to provide standards for its teachers and determine whether these
standards have been met. In the instant case, petitioner, did not attain permanent status and was not illegally dismissed.

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