St. Lukes Medical Center v NLRC of his organization (petitioner Maribel S.
Santos included) "for not
Azcuna, J.: passing yet the Board of Examination for X-ray Technology," "by
Facts: giving them an assignment in any department of your hospital
awaiting their chance to pass the future Board Exam."
- Petitioner Maribel S. Santos was hired as X-Ray technician in the - Jan 6. 1999 another Notice of Separation from the company was
radiology department of St. Lukes (SLMC) on October 13, 1984. issued to Maribel Santos
- April 22, 1922, RA 7431 Radiologic Technology Act of 1992 was - March 2, 1999, Maribel Santos filed a complaint against SLMC for
enacted, requiring that no person shall practice radiology in the PH illegal dismissal and non-payment of salaries, allowances, and other
without having obtained the proper certificate of registration from monetary benefits
the Board of Radiologic Technology. - Alliance of Filipino Workers requested SLMC to accommodate
- Sept. 12, 1995, Assistant Executive Director-Ancillary Services and Mariel Santos and assign her to the vacant position of CSS Aide in the
HR Director of private respondent SLMC issued final notice to all Hospital (former employee died 2 months earlier)
practitioners for compliance to the said law. Non-licensed employees - Rita Marasigan (Human Resource Director SLMC, addressee of the
would be transferred to an area which does not require a license if letter) answered that Maribel Santos must apply for the said vacant
there is an available. position and that it is not automatically awarded to her.
- March 4, 1997, Director of the Institute of Radiology issued a final - Judith Betita (Personnel Manager SLMC) added, on a separate
notice against Maribel Santos directing latter to comply with RA 741 letter, that Maribel Santos did not respond to the offered position of
- May 14, 1997 Director issued a memorandum to Maribel Santos Secretary at the Dietary Department.
directing the latter to submit her PRC registration form/ examination - Sep. 5, 2000, Labor Arbiter ruled that SLMC pay Maribel Santos the
permit amount of Php 150,000 representing her separation pay. All other
-March 13, 1998 Director issued another memorandum to petitioner claims were dismissed.
Maribel Santos advising her that only a license can assure her of her - NLRC affirmed the decision of the Labor Arbiter
continued employment at the Institute of Radiology. She was given a - Case was raised to the Court of Appeals
chance to take and pass the board examination scheduled in June - CA affirmed the NLRC decision
1998
- November 23, 1998, Director informed Maribel Santos through a ISSUES
memorandum that SLMC has approved her retirement in lieu of 1. WON Santos was illegally dismissed by private respondent
separation pay SLMC on the basis of her inability to secure a certificate of
- November 26, 1998, Personnel Manager of SLMC issued a Notice registration from the Board of Radiologic Technology
of Separation from the Company to Maribel Santos, in view of
latters refusal of early retirement. RULING
- December 18, 1998, Jack Lapay, on behalf of the Philippine
Association of Radiologic Technologist, Inc. requested SLMC to give No. The requirement for a certificate of registration is set forth under
due consideration to the organization's three (3) regular members RA no 7431.
Petitioner conceded that the sole cause for Santos separation from unlawful discrimination. This was a valid exercise of management
work is her failure to pass the board licensure exam for X-ray prerogative, petitioners not having alleged nor proven that the
technicians, a precondition for obtaining the certificate of reassigned employee did not qualify for the position where she was
registration from the Board. The contention that the petitioners transferred.
failure to comply did not constitute a just cause for termination,
thereby violating her constitutional right to security of tenure is DECISION
untenable. PETITION IS DENIED FOR LACK OF MERIT
While the right of workers to security of tenure is guaranteed by the
Constitution, its exercise may be reasonably 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 enactment of R.A. (Nos.) 7431 and 4226 are recognized as an
exercise of the State's inherent police power. It should be noted that
the police power embraces the power to prescribe regulations to
promote the health, morals, educations, good order, safety or
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.
No malice or ill-will can be imputed upon private respondent as the
separation of petitioner Santos was undertaken by it conformably to
an existing statute. It is undeniable that her continued employment
without the required Board certification exposed the hospital to
possible sanctions and even to a revocation of its license to operate.
It would be unreasonable to compel private respondent to wait until
its license is cancelled and it is materially injured before removing the
cause of the impending evil.
The fact that another employee, who likewise failed to pass the
required exam, was allowed by private respondent to apply for and
transfer to another position with the hospital does not constitute
