Escorpizo v.

University of Baguio
G.R. No. 121962 April 30, 1999
Facts:
Esperanza Escorpizo was a high school teacher in the University of Baguio contracted to be a
probationary teacher from 1989-1991. The terms of her employment stipulate that in order for her to
be regularized, she should get a satisfactory rating and she should pass the board examination for
teachers. After the lapse of her probationary period, UB was not supposed to re-sign her because she
failed the board exam but upon her pleading she was re-signed for one year but still a probationary. She
took the board exam again but she failed during the same school year. So when UB was considering the
list of teachers for next year, Escopizo was no longer considered. Meanwhile, Escorpizo again took the
exam this time she passed. But UB no longer took her in to teach. Her labor union assisted her in suing
UB averring that in the CBA, passing the board is not a requisite to be regularized.
Issue:
Whether or not Escorpizo should be reinstated as a teacher?
Held:
No. Escorpizo was not illegally dismissed. UB was well within its right to require its teachers to
pass the board before teaching, The Department of Education also rolled out an order requiring that
teachers should pass the board before teaching. This is to ensure the quality of education in the country.
As between the CBA and the DECS order, what should prevail is the requirements so provided by the
government.