G.R. No.

49549 August 30, 1990

EVELYN CHUA vs HON. JACOBO C. CLAVE and TAY TUNG HIGH SCHOOL, INC., 

FACTS

The petitioner was a 30 years old teacher in Tay Tung High School Bacolod City. She was the adviser of
the boy name Boby Qua whose age is 16 years old and who belongs to the remedial class whereby the
school where petitioner was employed extended remedial instruction to its students beyond regular time.
The case is regarding the teacher fell in love with her student and married Boby Qua later on with the
consent of Boby’s mother which their marriage was ratified in accordance with the rites of their religion
in a church wedding. After their marriage, the teacher was suspended without pay and terminated in her
service on the following ground: “for abusive and unethical conduct unbecoming of a dignified school
teacher and that her continued employment is inimical to the best interest, and would downgrade the high
moral values, of the school” which was filed by the public respondent as a clearance for termination.

Issue

Whether or not petitioner committed serious misconduct which can justify the termination of her
employment and if there's a considerable proof to prove that the marriage is regarded as immorality or
grave misconduct.

Ruling

The Supreme Court declared that public respondent acted with grave abuse of discretion.

From the outset even the labor arbiter conceded that there was no direct evidence to show that immoral
acts were committed. Nonetheless, indulging in a patently unfair conjecture, he concluded that “it is
however enough for a sane and credible mind to imagine and conclude what transpired during those
times.”  In reversing his decision, the NLRC observed that the assertions of immoral acts or conducts are
gratuitous and that there is no direct evidence to support such claim.

With the finding that there is no substantial evidence of the imputed immoral acts, it follows that the
alleged violation of the Code of Ethics governing school teachers would have no basis. Private respondent
utterly failed to show that petitioner took advantage of her position to court her student. If the two
eventually fell in love, despite the disparity in their ages and academic levels, this only lends substance to
the truism that the heart has reasons of its own which reason does not know. But, definitely, yielding to
this gentle and universal emotion is not to be so casually equated with immorality. The deviation of the
circumstances of their marriage from the usual societal pattern cannot be considered as a defiance of
contemporary social mores.

The charge against petitioner not having been substantiated, we declare her dismissal as unwarranted and
illegal. It being apparent, however, that the relationship between petitioner and private respondent has
been inevitably and severely strained, we believe that it would neither be to the interest of the parties nor
would any prudent purpose be served by ordering her reinstatement.
WHEREFORE, the petition for certiorari is GRANTED and the resolution of public respondent, dated December 6,
1978 is ANNULLED and SET ASIDE. Private respondent Tay Tung High School, Inc. is hereby ORDERED to pay
petitioner backwages equivalent to three (3) years, without any deduction or qualification, and separation pay in the
amount of one (1) month for every year of service.

G.R. No. 101949 December 1, 1994

THE HOLY SEE vs. THE HON. ERIBERTO U. ROSARIO, JR., and STARBRIGHT SALES
ENTERPRISES, INC., 

FACTS

The petitioner is the Holy See who exercises sovereignty over the Vatican City in Rome, Italy,
and is represented in the Philippines by the Papal Nuncio and the Private respondent is the Starbright
Sales Enterprises, Inc., that is a domestic corporation engaged in the real estate business.

This petition arose out of a dispute over a parcel of land of 6,000 square meters (Lot 5-A, Transfer Certifi
cate of Title No. 390440) located in the Municipality of Paranáque, Metro Manila and registered in the na
me of the petitioner,,

Said Lot 5-A is attached to Lot 5-B and Lot 5-D, which are covered by the transfer certificates of Titles
Nos. 271108 and 265388, respectively, and registered on behalf of the Philippine Realty Corporation
(PRC).

The three lots were sold by Msgr. to Ramon Licup. Domingo A. Cirilos, Jr., serving as sales agent.

Later, Licup assigned his rights to the sale to private respondent.. In view of the refusal of the squatters to
vacate the lots sold to private respondent, a dispute arose as to who of the parties has the responsibility of
evicting and clearing the land of squatters. Complicating the relations of the parties was the sale by
petitioner of Lot 5-A to Tropicana Properties and Development Corporation (Tropicana). On January 23,
1990, private respondent filed a complaint with the Regional Trial Court, Branch 61, Makati, Metro
Manila for annulment of the sale of the three parcels of land, and specific performance and damages
against petitioner, represented by the Papal Nuncio, and three other defendants: namely, Msgr. Domingo
A. Cirilos, Jr., the PRC and Tropicana.

ISSUE

Whether or not the petitioner lost its sovereign immunity when it had entered into a commercial
transaction for the sale of its parcel of the land in the Philippines
 [G.R. No. 127568. January 28, 2000.]

PEOPLE OF THE PHILIPPINES vs. ROLANDO BACULE

FACTS

May 9, 1995 at or about 10:00pm., in Sitio Guiwanon, Looc, Lapu-lapu City, the offended party- an 8
years old girl- was then sleeping in their house, she was awakened when the accused (Rolando Bacule)
ndressed her by removing her dress, short pants and panty. She tried to shout for help but the accused
covered her mouth with his hand while the other hand was pointing a knife on her neck. The accused
kissed her arms, face, lips and nipples and licked her vagina.

She was instructed by the accused to spread her legs apart and the latter inserted his penis into her vagina. She felt
the pain but she could do nothing because of the threat on her life by the accused. A while later, the accused pushed
his penis towards the direction of her anus. She agonized in pain again and felt so tired in her efforts to free herself.
Thereafter, the accused stood up while she remained crying because of the pain she felt on her vagina and anus. She
went to the comfort room and dressed up herself. Immediately on the following morning, she revealed and narrated
the sad experience she suffered in the hands of the accused to her aunt, she was brought to the hospital for medical
examination, Dr. Jocelyn Gonzales is the one who examine the girl and she find out that a contusion appeared on
the hymenal wall on both sides of the vagina, the dr. stated that the contusion of the hymenal wall may have been
caused by friction or injury on account of a hard object. A penis could cause a contusion of the hymen. On tha
same day her aunt brought her in the police station where an investigation was conducted and after, a raped case
was filed .

ISSUE

Wether or not the offended party remember the incident clearly and told the whole story to her aunt and to the
police station clearly.

Ruling

Under Article 63, supra, when there are neither mitigating nor aggravating circumstances in the
commission of the deed, the lesser penalty shall be applied. Accordingly, the penalty of death meted by
the trial court is reduced to reclusion perpetua. Consistent with prevailing jurisprudence, 28 the Court
holds appellant liable to complainant for the amount of P50,000.00 as civil indemnity, and P50,000.00 as
moral damages.
WHEREFORE, the Court finds appellant Rolando Bacule GUILTY beyond reasonable doubt of the crime
of rape and sentences him to suffer the penalty of reclusion perpetua. Appellant is ordered to pay
complainant the amount of P50,000.00 as civil indemnity, and P50,000.00 as moral damages.