Case Digest (G.R. No. 237661)
Facts:
In Union School International represented by Pastor Abraham Cho, Jaime Nabua, and Jennifer Mandapat (petitioners) v. Charley Jane Dagdag (respondent), G.R. No. 234186, decided on November 21, 2018 under the 1987 Philippine Constitution, Dagdag was hired as a probationary elementary teacher from July 16, 2012 to May 31, 2013. On November 23, 2012, she discovered she was eight weeks pregnant and informed School Head Mandapat that the child’s father was marrying another woman. After she failed to report for work on December 3, 2012 without notice, the school suspended her for five days for abandonment of work. On December 12, 2012, she received notice of a disciplinary hearing for alleged gross immorality, which was reset from December 14 to December 17, 2012 when she initially did not attend. During the December 17 hearing, Dagdag acknowledged the Faculty and Staff Handbook’s provisions on gross immorality and was told that resignation would be “a better option” than dismissal, whCase Digest (G.R. No. 237661)
Facts:
- Parties and Employment
- Petitioners: Union School International, represented by Pastor Abraham Cho (Superintendent), Jaime Nabua (Board President), and Jennifer Mandapat (School Head).
- Respondent: Charley Jane Dagdag, employed as an Elementary School Teacher on probationary status from July 16, 2012 to May 31, 2013.
- Pregnancy and Disciplinary Proceedings
- On November 23, 2012, Dagdag discovered she was eight weeks pregnant out of wedlock and informed Mandapat. Discussion ensued about gross immorality and possible resignation.
- December 3, 2012: Dagdag was absent without leave; suspended a total of five days (four days for abandonment, one day for second absence).
- December 12–17, 2012: Notice of Grievance Committee hearing for gross immorality. At the December 17 hearing, Dagdag was apprised of possible dismissal, advised that resignation would be “better,” and agreed to resign.
- December 17, 2012: Dagdag filed a complaint for illegal dismissal, non-payment of salaries and benefits, moral/exemplary damages, and attorney’s fees.
- December 19, 2012: Petitioners issued memorandum requiring explanation why Dagdag should not be dismissed; her failure to respond led the committee to recommend termination.
- Procedural History
- Labor Arbiter Decision (June 7, 2013): Found constructive dismissal; awarded P59,627.50 backwages, P50,000 moral damages, P30,000 exemplary damages, P5,962.75 attorney’s fees.
- NLRC Decision (September 13, 2013): Vacated Labor Arbiter; dismissed illegal dismissal complaint; awarded P10,370 for salary (December 1–17, 2012).
- Court of Appeals Decision (November 10, 2016) and Resolution (May 17, 2017): Annulled NLRC; held dismissal illegal under Article 135, Labor Code; ordered separation pay in lieu of reinstatement, full backwages, 10% attorney’s fees; remanded for computation.
- Petition for review under Rule 45 filed by petitioners before the Supreme Court.
Issues:
- Whether Dagdag’s so-called resignation was in fact a constructive dismissal coerced by Union School on account of her pregnancy out of wedlock.
- Whether dismissal on account of pregnancy out of wedlock violates Article 135 of the Labor Code (prohibition against sex-based discrimination).
- Whether the CA correctly reversed the NLRC and found illegal dismissal with monetary awards.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)