Santos v.

NLRC
G.R. No. 115795, March 6, 1998

FACTS:

Petitioner, a married man, was employed as a teacher by the

private respondent Hagonoy Institute Inc. Likewise working as a
teacher for the private respondent was Mrs. Arlene T. Martin, also
married. In the course of their employment, the two fell in love.
Thereafter, rumors regarding the couple's relationship spread,
especially among the faculty members and school officials.

Thereafter, private respondent effectively dismissed Mrs.

Martin from employment. In view of her termination from the
service, Mrs. Martin filed a case for illegal dismissal before the
NLRC RAB No. III, San Fernando, Pampanga against the private
respondent. Labor Arbiter dismissed the complaint for utter lack
of merit.

On appeal, the NLRC reversed the labor arbiter's ruling.The

reversal was anchored on the failure by the private respondent to
accord the necessary procedural due process in dismissing Mrs.
Martin. 

After the affirmative result of investigation set up by the

private respondent to ascertain the veracity of the rumor, herein
petitioner was charged administratively for immorality and was
required to present his side on the controversy. Five months later,
petitioner was dismissed from service. Petitioner then filed a
complaint for illegal dismissal before the NLRC RAB III where his
complaint was dismissed by the Labor Arbiter. NLRC dismissed
the appeal.

ISSUE:

Whether the illicit relationship between the petitioner and

Mrs. Martin could be considered immoral as to constitute just
cause to terminate an employee under Article 282 of the Labor
Code. (YES)

RULING:

The Court upheld the NLRC's finding just the dismissal of

petitioner from his employment.

The Court have consistently held that in order to constitute a

valid dismissal, two requisites must concur: (a) the dismissal must
be for any of the causes expressed in Art. 282 of the Labor Code,
and (b) the employee must be accorded due process, basic of
which are the opportunity to be heard and defend himself.  

Under Article 282 of the Labor Code, as amended, the

following are deemed just causes to terminate an employee:
 (a) Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;

(b) Gross and habitual neglect by the employee of his

duties:

(c) Fraud or willful breach by the employee of the trust

reposed in him by his employer or duly authorized
representative;

(d) Commission of a crime or offense by the employee

against the person of his employer or any immediate
member of his family or his duly authorize representative;
and

(e) Other causes analogous to the foregoing.

Moreover, Section 94  of the Manual of Regulations for

Private Schools provides Disgraceful or immoral conduct as one of
the Causes of Terminating Employment. Thusly, immorality is a
just cause for dismissing petitioner.

In petitioner's case, the gravity and seriousness of the

charges against him stem from his being a married man and at
the same time a teacher. As a teacher, petitioner serves as an
example to his pupils, especially during their formative years  and
stands in loco parentis to them. To stress their importance in our
society, teachers are given substitute and special parental
authority under our laws. 

Finally, petitioner cannot invoke in his favor the ruling in

the Arlene Martin case, wherein the NLRC ruled that her dismissal
was illegal. It must be noted that the reason for declaring Martin's
dismissal as illegal was the failure by the private respondent to
accord her the required due process.  

In view of the finding that petitioner's dismissal was for a just

and valid cause, the grant of financial assistance by the NLRC is
without any factual and legal basis.

Petition is hereby DISMISSED.