Title
Chua-Qua vs. Clave
Case
G.R. No. L-49549
Decision Date
Aug 30, 1990
Teacher dismissed for marrying student; Supreme Court ruled termination illegal, citing lack of evidence of immorality, ordered backwages and separation pay.

Case Summary (G.R. No. 193301)

Key Dates

  • December 24, 1975: Civil marriage of petitioner (30) and pupil (16).
  • January 10, 1976: Church wedding ratification.
  • February 4, 1976: School applies for clearance to terminate petitioner’s employment.
  • March 12, 1976: Petitioner suspended without pay.
  • September 17, 1976: Labor Arbiter grants clearance to terminate.
  • December 27, 1976: NLRC reverses arbiter, orders reinstatement with backwages.
  • March 30, 1977: Minister of Labor reverses NLRC, awards six months’ assistance.
  • September 1, 1978: Office of the President orders reinstatement with full back wages.
  • December 6, 1978: Office of the President grants reconsideration, allows termination with separation pay.
  • August 30, 1990: Supreme Court decision.

Applicable Law

  • 1987 Philippine Constitution, Art. XVIII, sec. 3(2) (security of tenure).
  • Labor Code, Art. 282 (formerly Art. 283) (just causes for termination).
  • Code of Ethics for Teachers (prohibition against courting pupils).

Procedural History

  1. Labor Arbiter (NLRC Bacolod): Relied on affidavits alleging “amorous relations” in after-school remedial sessions; no formal hearing; granted clearance to terminate.
  2. NLRC: Found no direct evidence of immoral acts, criticized affidavits as speculative, ordered reinstatement with backwages.
  3. Minister of Labor: Reversed NLRC, granted petitioner six months’ salary assistance.
  4. Office of the President (Clave): First decision reinstated petitioner with full backwages; on reconsideration granted Tay Tung’s petition to terminate with separation pay.
  5. Supreme Court: Petition for certiorari filed challenging December 6, 1978 resolution.

Due Process Claims and Ruling

  • Petitioner alleged deprivation of due process for admission of hearsay affidavits without confrontation.
  • Supreme Court held: Procedure by position papers and affidavits does not violate due process; petitioner could have requested viva voce hearing but did not; no constitutional breach.

Merits: Immorality and Grave Misconduct

  • Issue: Whether substantial evidence supported a finding of serious misconduct or immorality justifying termination under Labor Code.
  • School’s position: Petitioner abused authority, breached trust, violated Code of Ethics by courting pupil.
  • Petitioner’s position: Relationship matured into lawful marriage; no ground for dismissal based on lawful wedlock.

Supreme Court’s Findings and Conclusion

  1. Affidavits offered by school were “unbelievable and unworthy of credit,” prepared long after alleged incidents, lacking specifics of immoral acts.
  2. Labor Arbiter’s reliance on conjecture (“sane mind can imagine”) insufficient to prove immorality.
  3. NLRC correctly found no direct evidence of scandalous or immoral conduct.
  4. Office of the President’s reversal of its own favorable decision constituted grave abuse of discretion, relying solely o
  5. ...continue reading

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