Nov.

21, 1884- May 21, 1985

GENERAL DIESEL POWER Corp hired LINA as a component mechanic and issued a
temporary employment, however she was made to work as parts clerk and secretary.
May 22, Manufacturing,
1985 respondent extended
contract of(G.R.
employment
providing a
Mariwasa
Inc. vs.LINAs
Leogardo
No 74246)
probationary
period of
Joaquin
A. Dequila
(or6 months.
Dequilla) was hired on probation by Mariwasa
On Nov. 21, 1985
terminated,utility
as management
decided
to end her
Manufacturing,
Inc. she
as was
a general
worker on
January
10,Probationary
1979.
Period.
After 6 months, he was informed that his work was unsatisfactory and
1986,
she was
probationary
periodToofgive
6 months,
June 5,chance,
1986, she
had Jan.20,
failed to
meet
the rehired,
required
standards.
him until
another
dismissed.
and was
with
Dequilas written consent, Mariwasa extended Dequilas
probationary period for another three months: from July 10 to
July 8, 1986, she lodged a complaint for illegal dismissal and then filed an amended
October 9, 1979. Dequilas performance, however, did not improve and

complaint on January 30, 1987.

RULING: YES, agreements stipulatingLina

longer
periodsterminated
may constitute
lawful
exceptions
to the
was probationary
unjustly and unlawfully
even after
she had
already completed
statutory prescription limiting such periods to six months.

successive three six-month probationary periods of employment which should have

converted her status to that of a regular employee. Her termination, therefore, violated her
The SC in its decision in Buiser vs. Leogardo, Jr. (1984) said that Generally, the probationary period of
right to The
security
of tenuretoin this
her employment.
But iseven
probationary
employees
employment is limited to six (6) months.
exception
general rule
when
the parties
to anare
protected
by
law.
For
one,
probationary
employment
should
not
exceed
six
(6)
employment contract may agree otherwise, such as when the same is established by company policymonths
or
from the
date the
started working,
it is covered
by latter
an apprenticeship
when the same is required by the nature
of work
toemployee
be performed
by the unless
employee.
In the
case,
there is recognition of the exercise
of managerial
prerogatives
inthe
requiring
agreement
stipulating a longer
period. True,
services of a
anlonger
employeeperiod
who has of
been
probationary employment, such as
in the
case
where
the
probationary
for to
engaged
on apresent
probationary
basis
may be
terminated
for a justperiod
cause orwas
whenset
he fails
eighteen (18) months, i.e. from May, 1980 to October, 1981 inclusive, especially where the employee must
qualify as a regular employee in accordance with the reasonable standards made known
learn a particular kind of work such as selling, or when the job requires certain qualifications, skills
by the employer to the employee at the time of his employment. but the law is explicit that
experience or training.
an employee who is allowed to work after a probationary period shall be considered a
regular
employee
.
In this case, the extension given to
Dequila
could
not have been pre-arranged to avoid the legal
consequences of a probationary period satisfactorily completed. In fact, it was ex gratia, an act of liberality
Prime
Securitychance
Services,
v. NLRC
(GR No.
107320).
Thefailed
complaint
on the part of his employer affordingAhim
a second
to Inc.
make
good after
having
initially
to
alleged,
among
others,now
that unjustly
complainant
respondent
herein)
had been
prove his worth as an employee. Such
an act
cannot
be (private
turned against
said
employers
working
a security
guard
for a according
year with the
Sugarland
Security Services,
account to compel it to keep on its payroll
one as
who
could not
perform
to its
work standards.

Inc., a sister company of petitioner; that he was rehired as a security guard on

January 30, 1988 by the petitioner and assigned to the same post at the U.S.
CALS
poultry
supply
vs Roco
. Doctrine:
computation
of the
Embassy
Building
along
Roxas
Boulevard,OurManila;
that he
was6-month
among those
probationary period is reckoned from the date of appointment up to the same
absorbed by the petitioner when it took over the security contracts of its sister
calendar date of the 6th month following.
company, Sugarland Security Services, Inc., with the U.S. Embassy; that he was
forced
by petitioner
toRoco,
sign there
new isprobationary
of employment
for
With
respect
to Candelaria
no dispute thatcontracts
she was employed
on
probationary
basis.that
CALS
argues that
the Court
Appeals computation
of the 6six (6) months;
on August
1, 1988,
his of
employment
was terminated;

month probationary period is erroneous as the termination of Candelarias services

Buiser,
et al
Leogardo,
GR ofNo.
L-63316period.
xxx Generally, the
on
November
15,vs.
1995Hon.
was exactly
on the Jr,
last day
the 6-month
probationary period of employment is limited to six (6) months. The exception to
this general rule is when the parties to an employment contract may agree
Mitsubishi motors vs Chrysler Doctrine: Applying
Article
13 of
Civilthe
Code,
theisprobationary
of six (6)policy
months
of
otherwise,
such
asthe
when
same
establishedperiod
by company
orconsists
when the
one hundred eighty (180) days.
same is required by the nature of work to be performed by the employee. In the
latter case, there is recognition of the exercise of managerial prerogatives in
Held: Respondent Paras was employed as a management
on period
a probationary
basis. During
the orientation
conducted
on May
15,
requiring atrainee
longer
of probationary
employment,
such
as in the
present
1996, he was apprised of the standards upon which
his
regularization
would
be
based.
He
reported
for
work
on
May
27,
1996.
As
per
the
case where the probationary period was set 1
eighteen (18) months, i.e. from
companys policy, the probationary period was from
to a1981
maximum
of six especially
(6) months.where the employee must learn
May,three
1980(3)
tomonths
October,
inclusive,
Applying Article 13 of the Civil Code, the probationary
period
of six
months
of one or
hundred
(180)requires
days. This
is in
a particular
kind
of (6)
work
suchconsists
as selling,
wheneighty
the job
certain
conformity with paragraph one, Article 13 of the
Civil Code, which
thatorthetraining
months which are not designated by their names
qualifications,
skills, provides
experience
shall be understood as consisting of thirty (30) days each. The number of months in the probationary period, six (6), should then be
multiplied by the number of days within a month, thirty (30); hence, the period of one hundred eighty (180) days.
xxx
We, 13,
therefore,
hold and
rule that
petitioners
As clearly provided for in the last paragraph of
Article
in computing
a period,
the the
firstprobationary
day shall be employment
excluded andofthe
last day
eighteen (18)
months
is legal
valid
that the
Director
and
included. Thus, the one hundred eighty (180) set
daystocommenced
on May
27, 1996,
andand
ended
on and
November
23,Regional
1996. The
termination
letter dated November 25, 1996 was served onthe
respondent
onlyofatLabor
3:00 a.m.
November 26,
1996. Heno
was,
by then,
already a
Deputy Paras
Minister
and of
Employment
committed
abuse
of discretion
regular employee of the petitioner under Articlein
281
of the
Labor Code. xxx
ruling
accordingly.

Bongar vs. NLRC, G. R. No. 107234, August 24, 1998.

Petitioners Alfredo R. Bongar was employed as instructor by

respondent AMA Computer College (AMA) in its Social
Science and Languages Department. His employment
contract, which was renewed several times,[1] commenced on
November 28, 1986 and ended on May 31, 1990 when AMA
decided not to renew his contract which was due to expire on
June 2, 1990.
After having served for more than three years, which is the
probationary period for teachers as provided for by the Manual
of Regulations for Private Schools, petitioner claimed that he
had acquired the status of a permanent employee; hence he
is entitled to his tenurial security. AMA, however, maintained
otherwise. It argued that petitioners severance from
employment was due to the expiration of his contract.