- Evelyn Chua-Qua v. Hon. Jacobo C.

Clave and Tay Tung High School

- G.R. No. 49549, August 30, 1990
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- FACTS: Petitioner worked as a teacher in Tay Tung High School in Bacolod
City since 1963. In 1976, petitioner was a Grade VI class adviser where
one Bobby Qua, 16 years old, was enrolled. Petitioner was giving remedial
lessons to Bobby Qua as per policy of the school when petitioner and
Bobby became very close. On December 24, 1975, they were married in a
civil ceremony in Iloilo City, petitioner was then 30 years old. Bobby, only
16 years old, received the consent and advice of the latter’s mother, Mrs.
Concepcion Ong. Evelyn and Bobby were married in a church wedding on
January 10, 1976.
-
- On February 4, 1976, Tay Tung High School filed with the Department of
Labor in Bacolod City an application for clearance to terminate petitioner’s
employment on the ground of “abusive and unethical conduct
unbecoming of a dignified school teacher….” Petitioner was suspended
without pay on March 12, 1976. Labor Arbiter Jose Aguirre, without
conducting any formal hearing, awarded in favor of Tay Tung High School.
Petitioner appealed to the NLRC claiming denial of due process for not
receiving copies of affidavits relied by labor arbiter. On December 27,
1976, NLRC reversed the labor arbiter’s decision. This was in turn reversed
by the Minister of Labor, but awarding 6 months salary to petitioner as
financial assistance. Petitioner appealed to the Office of the President of
the Philippines, and through Executive Assistant Jacobo C. Clave, reversed
the decision of the Minister of Labor and ordered petitioner to be
reinstated. Public respondent reversed his earlier decision however and
supported petitioner’s dismissal from work.
- ISSUE: Did petitioner commit an immoral act as a teacher warranting
dismissal from work? RULING: No, petitioner was never proved to have
abused nor taken advantage, or abused or committed immoral acts with
any student in any circumstance. The petitioner’s dismissal was based
solely on her marriage to Bobby Qua and the imputed charges of abuse,
immorality and unethical conduct were unsubstantiated, hence
unwarranted and illegal. Petition for certiorari granted, private respondent
is ordered to pay petitioner back wages equivalent to three years without
deduction and separation pay of one month for every year of service.