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AT A GLANCE:
The Supreme Court Decides: Premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct. Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral. No law proscribes such, and said conduct does not contravene any fundamental state policy enshrined in the Constitution.
Miraflor Mabao was a former teacher at Bohol Wisdom School (BWS). She started working on June 7, 2007 as a grade school teacher. In 2010, she was granted regular status and was designated adviser for Grade 1 and Grade 2 until she was dismissed on September 22, 2016.
Throughout her teaching career at BWS, Mabao taught Language 2, Physical Education 2, Arts 3, Mother Tongue, and Writing 2. She had been very diligent in performing her duties and responsibilities as a teacher and had not committed any infraction prior to her termination.
Sometime in the afternoon of September 21, 2016, Mabao approached Melinda Sabaricos, the grade school principal of BWS, and Raul Deloso, the administrative head, to discuss the matter of her pregnancy which was two months along the way. The father of Mabao’s baby was her boyfriend, Ian Usaraga. In order to avoid any unpleasant remarks from the faculty and staff of BWS, Mabao approached Sabaricos and Deloso even before her bump became evident.
On September 22, 2016, Mabao was summoned to the conference room of BWS where she was verbally suspended until she could present documents showing that she was already married to her boyfriend. On September 27, 2016, she received a Disciplinary Form and a Letter stating that she was indefinitely suspended without pay.
Mabao filed a complaint before the NLRC. The Labor Arbiter held that Mabao was constructively dismissed. The NLRC reversed the decision of the LA, finding no evidence of constructive dismissal. On appeal, the CA affirmed the NLRC’s ruling that there was no constructive dismissal, but held that Mabao was illegally suspended.
Issue: Whether Mabao was illegally suspended.
The Supreme Court’s Decision: Mabao was illegally suspended for engaging in premarital sexual relations, resulting in being pregnant out of wedlock.
Premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct. In similar cases, the Supreme Court held that premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct.
Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral. No law proscribes such, and said conduct does not contravene any fundamental state policy enshrined in the Constitution.
The respondent’s act of engaging in premarital sexual relations with her boyfriend and eventually getting pregnant, is not disgraceful or immoral within the contemplation of the law.
Respondent’s suspension on the ground of engaging in premarital sexual relations resulting in pregnancy out of wedlock is therefore illegal.
Moreover, petitioners cannot claim that they substantially complied with procedural due process. It is undisputed that petitioners did not issue a notice to explain before suspending respondent. Nonetheless, they argue that procedural due process was substantially complied with as respondent was given the opportunity to explain her side, she admitted the violation, and her suspension was reduced in writing. Petitioners also argue that the suspension was mutually agreed upon by the parties.
Suspension from work must be reasonable to meet the constitutional requirement of due process of law. It will be reasonable if it is based on just or authorized causes enumerated in the Labor Code. The employee must also be given notice and the opportunity to be heard before judgment is rendered. Any disciplinary action which affects employment must pass due process scrutiny in both its substantive and procedural aspects.
For petitioners’ failure to comply with substantive and procedural due process in suspending respondent, the CA did not err in ruling that her suspension is illegal.
Source:
Bohol Wisdom School, Dr. Simplicio Yap, Jr. and Raul H. Deloso vs. Miraflor Mabao
G.R. No. 252124 | July 23, 2024
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