Title
Mabao vs. Bohol Wisdom School
Case
G.R. No. 252124
Decision Date
Jul 23, 2024
Miraflor Mabao challenged her suspension for engaging in premarital sex, as she was deemed not to fit the school's moral standards. The court ruled she was illegally suspended and entitled to various monetary awards.

Case Summary (G.R. No. 252124)

Factual Antecedents

Mabao commenced her employment with BWS on June 7, 2007, achieving regular status by 2010. She served various roles until her suspension on September 22, 2016. The case involves Mabao's assertions of illegal suspension following discussions with school officials regarding her pregnancy. Conversely, petitioners claim that her suspension was necessary due to her violation of school policy based on moral grounds.

Mabao's Version of Events

On September 21, 2016, Mabao approached school officials to discuss her pregnancy. The following day, she was summoned and verbally suspended until she could present proof of marriage. On September 27, she received a formal notice of her indefinite suspension, which cited her premarital relationship as immoral conduct.

Petitioners' Account of Events

Petitioners allege that Mabao had confessed her pregnancy out of wedlock and that the suspension was mutually agreed upon as a temporary measure until her marriage. They have contended that Mabao was aware of the implications of her actions and that her suspension was therefore justified.

Labor Arbiter’s Ruling

The Labor Arbiter ruled in favor of Mabao, declaring her suspension as constructive dismissal and holding petitioners liable for back wages and other benefits. The decision was based on the premise that her suspension was unfounded and not supported by sufficient evidence.

NLRC Appeal Decision

The National Labor Relations Commission (NLRC) subsequently reversed the Labor Arbiter's ruling, asserting that there was no evidence to support claims of constructive dismissal and validating the suspension as permissible under school policies regarding moral conduct.

Court of Appeals Ruling

The Court of Appeals partially granted Mabao's petition for certiorari, agreeing with the NLRC that she was not constructively dismissed but declaring her suspension as illegal. The court reasoned that the grounds for suspension did not align with secular standards of morality, particularly since premarital sexual relations are not regarded as immoral in the broader societal context.

Legal Analysis on Morality Standards

The court emphasized that the relevant standard of morality pertains to public and secular ethics rather than religious morality. It noted that engaging in premarital sexual relations resulting in pregnancy does not constitute disgraceful or immoral conduct under secular laws. The court drew on precedents affirming that such actions are not punishable by law and do not breach fundamental state policies.

Procedural Due Process Considerations

The court held that petitioners failed to adhere to procedural due process, primarily the lack of an initial notice outlining the specific grounds for disciplinary action and not providing first opportunities for Mabao to be heard prior to her suspension. Given this failure, the court upheld the conclusion that her suspension was illegal.

Employment Status and Abandonment

While the court affirmed that there was no dismissal in the traditional sense, it determined that Mabao abandoned her employment following her refusal to return despite several notices. The court ruled that her intention to sever the employment relationship was evident through her commu

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