8/8/2019 01 - St Lukes
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Case:
St. Lukes Medical Center Employees Association and Santos vs.
NLRC and St. Lukes Medical CenterG.R. No. 162053, March 7, 2007
Facts:
Maribel Santos (P) was hired as X-ray techinician on
13-Oct-1984.
Apr 22, 92, Congress passed and enacted RA 7431 Radiologic
Technology Act of 1992, which requires
that no person shall practice or offer to practice as a
radiology w/o a certificate of registration from board ofRT.
Several notices were given to P reminding her of the requirement
to secure the proper license.
Nov 23, 98, notice sent that the management of SLMC has approved
her retirement
Nov 26, 98, notice sent that effective Dec 30, 98, P will be
separated from SLMC due to formers refusalto accept early
retirement.
Effort exerted to transfer her to several vacant positions wasnt
fruitful as her qualifications do not fit.
Letter from Association of Radiologic Technologists requesting
to give P other assignments while awaitingher to pass the board; P
failed to submit appeal for rechecking of her exam.
Letter from Union requesting to give her another position from a
previous employee. P was offered asecretary position but failed to
reply and show up.
LA decided to dismissed case while requiring SLMC to pay 115,500
separation pay.
NLRC affirmed LA
s decision.
Issue:WON P was illegally dismissed
Held:
Petition denied.
Principles applied:
While the right of workers to security of tenure is guaranteed
by the Constitution, its exercise may ereasonably regulated
pursuant to the police power of the State to safeguard health,
morals, peace,education, order, safety and the general welfare of
the people.
The State is justified in prescribing the specific requirements
for X-ray technicians and/or any other
professions connected with the health and safety of its
citizens. SC stated that Ps personal interest cannot override
public interest.
P cant insists on her sterling work performance and without a
derogatory record to make her qualify as aRT.
The fact that another employee, who wasnt able to pass the exam,
was allowed to apply and transfer toanother position does not
constitute unlawful discrimination as P was also accorded the same
opportunity.
* Security of tenure - a constitutional or legal guarantee that
an office-holder cannot be removed from officeexcept in exceptional
and specified circumstances.
