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
- Labor Arbiter (NLRC Bacolod): Relied on affidavits alleging “amorous relations” in after-school remedial sessions; no formal hearing; granted clearance to terminate.
- NLRC: Found no direct evidence of immoral acts, criticized affidavits as speculative, ordered reinstatement with backwages.
- Minister of Labor: Reversed NLRC, granted petitioner six months’ salary assistance.
- Office of the President (Clave): First decision reinstated petitioner with full backwages; on reconsideration granted Tay Tung’s petition to terminate with separation pay.
- 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
- Affidavits offered by school were “unbelievable and unworthy of credit,” prepared long after alleged incidents, lacking specifics of immoral acts.
- Labor Arbiter’s reliance on conjecture (“sane mind can imagine”) insufficient to prove immorality.
- NLRC correctly found no direct evidence of scandalous or immoral conduct.
- Office of the President’s reversal of its own favorable decision constituted grave abuse of discretion, relying solely o ...continue reading
Case Syllabus (G.R. No. 193301)
Parties and Employment Background
- Petitioner Evelyn Chua-Qua: employed as a classroom teacher at Tay Tung High School, Inc., Bacolod City, since 1963.
- Private respondent Tay Tung High School, Inc.: an educational institution in Bacolod City.
- Public respondent Hon. Jacobo C. Clave: Presidential Executive Assistant acting on behalf of the Office of the President of the Philippines.
- In 1976, petitioner served as class adviser for a Grade VI section where student Bobby Qua was enrolled.
Facts of the Relationship
- As part of the school’s remedial instruction policy, petitioner tutored Bobby Qua after regular classes.
- During these sessions, petitioner and Bobby Qua fell in love.
- Civil marriage solemnized on December 24, 1975 in Iloilo City; petitioner aged 30, Bobby Qua aged 16 with maternal consent.
- Religious (church) wedding ratified their union on January 10, 1976 in Bacolod City.
Initial Disciplinary Action
- On February 4, 1976, Tay Tung High School filed with the Department of Labor a clearance application to terminate petitioner for “abusive and unethical conduct unbecoming of a dignified school teacher” and alleged demoralizing impact on school morals.
- Petitioner was placed under suspension without pay on March 12, 1976.
Labor Arbiter Proceedings
- Case No. 956 before Executive Labor Arbiter Jose Y. Aguirre, Jr. of the NLRC, Bacolod City.
- No formal hearing conducted; parties submitted position papers and affidavits.
- Affidavits (N-1 to N-4) alleged that petitioner “lured” a pupil into an amorous relationship and stayed with him alone in locked classroom after hours.
- Award dated September 17, 1976 granted clearance to terminate, finding undisputed affidavits sufficient to “imagine” immoral acts despite lack of direct proof.
NLRC Decision
- On October 7, 1976, petitioner appealed to the National Labor Relations Commission.
- NLRC Resolution dated December 27, 1976 unanimously reversed the Labor Arbiter:
- Affiants never swore to witnessing immoral or scandalous acts.
- Conversation inside classroom with lights on and door ajar did not prove immorality.
- No evidence showed demoralizing effects or breach of teacher’s dignity.
- Ordered reinstatement of pet