The two former contractual teachers of the Bacolod City College, whose contract of service was not renewed by the previous administration and whose mandamus case, filed against the former members of the BCC Board of Trustees and Sangguniang Panlungsod had been annulled and ordered dismissed by the Court of Appeals, have been rehired by Bacolod Mayor Monico Puentevella.

In its decision promulgated February 27, the Court of Appeals Nineteenth Division granted the petition for certiorari filed by the Board of Trustees of the BCC, led by its chairman, former Mayor and now Bacolod Rep. Evelio Leonardia, in the complaint for mandamus and damages filed by Rosalia Lorilla and Susan Grandeza, former contractual teachers of BCC.

It also directed that the Orders of the Regional Trial Court Branch 46, in Bacolod City, dated March 12 and May 30, 2012, be annulled and set aside, and enter a new one dismissing the petition for mandamus and damages filed by the two contractual teachers.

The Court found that Lorilla was not hired as instructor by Leonardia because of her mediocre teaching performance, based on the Teachers' Behavioral Inventory Records, and by the evaluation of numerous classes and students, that showed her to be an inferior teacher.

Grandeza, meanwhile, had violated school policy for being habitually late in attending her classes and absent without the knowledge and permission of the College administration, as well as falsification of her Daily Time Record.

Lorilla had denied the allegations against them and claimed that the non-renewal of their contract of services was illegal, and without due process.

Lorilla and Grandeza had filed a complaint before the RTC Branch 46 for mandamus and damages against Leonardia, then chairman of the BCC Board of Trustees, former Vice Mayor Jude Thaddeus Sayson, former City Administrator Rogelio Balo, in his capacity as alleged alternate chairman, Ma. Johanna Ann Rabago-Bayoneta as college administrator, members of the SP, and acting SP secretary Helen Legaspi. Both asked the Court to compel the respondents to reinstate them in their teaching positions.

A motion for lack of jurisdiction of the trial court over the case was filed by Leonardia.

On March 12, 2012, the Court issued an order denying the petition for the dismissal of the case.

Leonardia, et al, then filed a petition with the Court of Appeals for certiorari against Lorilla and Grandeza, and presiding Judge George Patriarca of RTC Branch 46 in Bacolod City, seeking to annul and set aside the March 12, 2012 order of the RTC in the civil case for mandamus and damages, which denied their motion to dismiss, and the May 30 order, that denied their motion for reconsideration.

Lorilla said they have not committed any mistake and it was purely political because they have been rehired by Puentevella.

She said they informed City Legal Officer Sarah Villamor that they will no longer pursue their case against the city, for the sake of Puentevella.

Yesterday, Puentevella submitted to the SP the “compromise agreement” entered by Lorilla and Grandeza with the city for the renewal of their contracts with BCC.

The agreement stated that the parties have agreed to settle the case. Since the former Mayor (Leonardia) did not sign their contract of services for 2011 to 2013, the city is not legally bound to pay the teachers their claim for compensation for such years.

It said the parties have agreed that the city will rehire the teachers to their previous teaching positions at the BCC for the year 2014, subject to the authority from the SP, without payment of claim for back wages on grounds that the teachers have no contract of services for years 2011 to 2013.

The agreement did not mention what had caused the non-renewal of their contract that reflected on their characters and qualities as educators.*CGS

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