Brent School Inc. v. Zamora

I.

Facts Doroteo Alegre was engaged as athletic director by Brent School at a yearly compensation of 20,000  The contract xed xed a specic term term for its existence which which was 5 years years Some three months before the expiration of the stip!lated period, Alegre was gi"en a copy of the report les by Brent School with the D#$% ad"ising the termination of his ser"ices The stated gro!nd for termination was completion of contract and expiation of the denite period of employment A month later, Alegre accepted the amo!nt of &',()))( and signed a receipt there for containing the phrase *in f!ll payment of ser"ices for the period +ay ( to -!ly (), (.) as f!ll payment of contract II. Case Progression /pon in"estigation of the $abor conciliator of said report of termination of  ser"ic ser"ices es of Alegr Alegre, e, he arg!e arg!ed d that that altho! altho!gh gh hi contra contract ct did stip!l stip!late ate the termination of the same on a gi"en period, since his ser"ices were necessary and desirable in the !s!al b!siness of his employer and his employment has lasted for 5 years, he had ac!ired the stat!s of reg!lar employee and cannot be mo"ed !nless for a "alid ca!se 1egional director ordered the reinstatement of Alegre Brent went to the 1egional director, then the secretary for labor re"iew then the oce of the president to appeal All of which !pheld the decision of the regional director director r!ling that Alegre Alegre was a permanent employee who co!ld not be dism dismis isse sed d exce except pt for for 3!st 3!st ca!s ca!se, e, and and expi expira rati tion on of the the empl employ oyme ment nt contract was not one of the 3!st ca!ses pro"ided in the labor code in regard to termination of ser"ices III. III.

Doct Doctri rine nes s and and Appl Applic icab able le laws laws

Regular and Casual Employment: --- the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which which are usually necessary necessary or desirable desirable in the usual business business or trade trade of the the employ employer er except except where where the employme employment nt has been xed for a specic project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or  service to be employee is seasonal in nature and he employment is for the duration of the season.  An employment shall be deemed to be casual if it is not covered by the preceding  paragraph: provided that any employee who has rendered at least one year of  service, whether such service is continuous or broken shall be considered regular  employee with respect to the activity in which he is employed and his employment  shall continue while such actually exists. 

 The ci"il code has always recogni4ed recogni4ed the "alidity and propriety propriety of contracts and obligations with a xed or denite period, and imposes no restraints on the freedom of parties to x the d!ration of a contract, regardless of ob3ect as

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long as it is not contrary law, morals, good c!stoms, p!blic order and p!blic policy  The code itself has singled o!t the instance where s!ch stip!lations and agreements are not "alid which is if it circ!m"ents the sec!rity of ten!re t sho!ld ha"e no application to instance where a xed period of employment was agreed !pon 6nowingly and "ol!ntarily by the parties, witho!t any force, d!ress or improper press!re being bro!ght to bear !pon the employee and absent any other circ!mstances "itiation his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less e!al terms with no moral dominance whatsoe"er being exercised by the former o"er the latter