CHIANG KAI SHEK COLLEGE, AND CHIEN YIN SHAO, Petitioners, -versusHON. COURT OF APPEALS; HON. NATIONAL NATIONAL LABOR RELATIONS COMMISSION; HON. COMMISSIONER COMMISSI ONER VICTORIANO R. CALAYCAY CALAYCAY, HON. PRESIDING PRESIDIN G COMMISSIONE COMMI SSIONER R RAUL T. AUINO, AND HON. COMMISSIONER COMMISSION ER ANGELITA A. GACUTAN; AND MS. DIANA P. BELO, Respondents. Au!us" #$, #%%$ G.R. N&. '(#)** F+"s Diana P. Belo was employed as a permanent teacher by Chiang Kai Shek College for 1 years. Belo had to take a lea!e of absence for the S.". 1##$%1##& d'e to her children of tender age had no yaya to take care of them. (he then principal, )rs. *oan Sy Cotio, appro!ed her application. +owe!er, on 1 *'ne 1##$, )s. Belo recei!ed a letter dated # *'ne 1##$ of )r. Chien "in Shao, President of CKSC, informing her of the schools schools e-isting e-isting policy that they co'ld not g'arantee her a teaching load when she wo'ld ret'rn and that only teachers in ser!ice may enoy the pri!ilege and benefits pro!ided by the school. /hen she signified her intention to ret'rn to teach for the S.". 1##&%1##0, the college reasoned that it already hired non%permanent teachers to take her load. (he abor 2rbiter reasoned that there was no dismissal beca'se she was not dismissed3 there was simply no a!ailable teaching load for her. (he 4RC re!ersed the 2s 2s decision and ordered her reinstatement with f'll back wages. (he Co'rt of 2ppeals declared that Belo was constr'cti!ely dismissed3 the dismissal howe!er is illegal beca'se it !iolated her sec'rity of ten're. Issue /hether Belo was constr'cti!ely dismissed and therefore entitled to reinstatement and back wages Ru/! "es. "es. 5nder the )an'al of Reg'lations for Pri!ate Schools, for a pri!ate school teacher to ac6'ire a permanent stat's of employment and be entitled to a sec'rity of ten're, the three following re6'isites m'st conc'r7 8a9 the teacher is a f'll%time teacher3 8b9 the teacher m'st ha!e rendered three consec'ti!e years of ser!ice3 and 8c9 s'ch ser!ice m'st ha!e been satisfactory. Since Belo has has meas meas'r 'red ed 'p to thes thesee stan standar dards ds,, she she ther theref efor oree enoy enoyss sec' sec'ri rity ty of ten'r ten're. e. She was was constr'cti!ely dismissed when the college, in implementing their policies, effecti!ely barred her from from teachi teaching ng for the school school year 1##&%1# 1##&%1##0. #0. B't Belo Belo was definite definitely ly single singled d o't in the implementation of a f't're policy. (he college did not take heed of the principle enshrined in o'r labor labor laws laws that that polic policie iess sho'l sho'ld d be ade6 ade6'at 'ately ely known known to the the emplo employe yees es and and 'nif 'nifor orml mly y impl implem ement ented ed to the the body body of empl employ oyee eess as a whol wholee and and not not in isol isolat atio ion. n. (he (he cont contin in'ed 'ed emplo employm yment ent of Belo Belo was was also also rende rendere red d 'nli 'nlikel kely y by the the insi insist sten ence ce of the the peti petiti tion oner erss in implementing the alleged policy that a teacher who goes on lea!e for one year is not ass'red of a teaching load. /hile this alleged policy was mentioned in )r. Chiens letter of # *'ne 1##$, it was not incl'ded in the schools written statement of policies dated 1& )arch 1##$. +ence, it was then a non%e-istent policy. /hen a non%e-istent policy is implemented and, in this case, only to her, it constit'tes a clear case of discrimination. Belo was constr'cti!ely dismissed witho't 'st ca'se and witho't obser!ing the twin re6'irements of d'e process, in !iolation of the tenets of e6'ity and fair play. Shes entitled to reinstatement and back wages in accordance with the 6'estioned Co'rt of 2ppeals and 4RC decisions.