4/14/2021
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True, the removal as a missionary may have affected respondent's status as instructor
of MBIS, but the Court is not convinced that there was an illegal dismissal.
In this relation, We find the statement of the LA, that respondent's membership with
Abiko Baptist Church of Japan as merely incidental to his main duties and
responsibilities as an instructor,[30] misplaced. On the contrary, it is more appropriate
to say that being an instructor of MBIS was part of respondent's mission work as a
missionary/minister of BSAABC.
Respondent's removal as a missionary of Abiko Baptist Church is different from his
status as an instructor of MBIS. The Mission Policy Agreement[31] shows that the
mission was accepted by respondent as early as September 15, 1998, while the
appointment as an instructor was made on a different instrument, an Appointment
Paper made effective in June 1999.[32] These two (2) instruments establish two (2)
different positions held by respondent, and means that being a missionary of BSAABC
is separate from being an instructor of MBIS, though they may be completely related.
Be that as it may, petitioners' unrebutted claim that respondent voluntarily excused
himself sometime in 2007 from teaching in MBIS, due to the distance of the school
from his missionary work in San Carlos City,[33] raises doubt on the allegation of illegal
dismissal.
Second, We do not find in the records concrete evidence of the alleged monthly
compensation of respondent amounting to $550. Respondent is not even consistent in
claiming the exact amount of his supposed salary as he claims he was receiving $650 in
his Motion for Reconsideration[34] with the NLRC and Petition[35] before the CA.
Although petitioners do not deny that respondent was receiving "love gifts" in the
amount of $550, they aver that these came from ABA and Abiko Baptist Church in
Japan. Respondent also admitted that the "main bulk of the fund [came] from donor
American Baptist Association[.]"[36] Thus, there may be merit in petitioners' claim that
funds given to missionaries like respondent come from the ABA, not BSAABC or MBIS.
In fact, the document from which the CA based its conclusion that there was payment
of wages and the recipient thereof called a "salaried missionary" is the Mission Policy as
contained in the ABA yearbook. In addition, the designation of "salaried missionary" is
not determinative of the existence of an employer-employee relationship. "Salary" is a
general term defined as remuneration for services given,[37] but the term does not
establish a certain kind of relationship.
Absent any clear indication that the amount respondent was allegedly receiving came
from BSAABC or MBIS, or at the very least that ABA, Abiko Baptist Church of Japan and
BSAABC and MBIS are one and the same, We cannot concretely establish payment of
wages.
As to the third element, We find that dismissal is inherent in religious congregations as
they have the power to discipline their members. Admittedly, the nature of
respondent's position as a missionary calls on the exercise of supervision by the church
of which he is a member considering that the basis of the relationship between a
religious corporation and its members is the latter's absolute adherence to a common
religious or spiritual belief.[38] Although respondent's removal is clear from the
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