62. Chua-Qua v.

Clave and Tay Tung High School (1990):

Doctrine: Even if the grounds of immorality or grave misconduct for the termination of services
of an employee depend upon the particular circumstances of each case, all sanctioned must be
based upon substantial evidence.

Facts: Since 1963, petitioner Evelyn Chua had served as a teacher in Tay Tung High School in
Bacolod. Problem ensued when one Bobby Qua was a grade 6 student and petitioner Chua
served as his class adviser and soon they feel in love. On December 24, 1975, Chua who was 30
years old and Qua who was 16,with the consent of his mother, got married in a civil ceremony
that was ratified by a church wedding. Within less than 2 months of the wedding, private
respondent Tay Tung High School, filed an application for clearance to terminate the
employment of petitioner Chua with the DOLE-Bacolod for abusive and unethical conduct
ubecoming of a dignified school teacher, with her employment inimical to the best interest and
moral values of the school. Respondent Clave alleged that petitioner Cua took advantage of her
position and lured a grade 6 student into a relationship even locking 1 door of the classroom
and staying alone with Bobby Qua after class.

The Labor Arbiter granted clearance for the termination of petitioner Chua’s employment since
Evelyn never questioned the self-serving affidavits of Clave. The LA reasoned that even with no
direct evidence of immoral acts, it was logical for a credible mind to conclude that imagine and
conclude what could have occurred. Denying receipt of copies of the affidavits, petitioner Chua
appealed to the NLRC on the ground of denial of due process and claiming that no unethical
conduct occurred.

The NLRC reversed the LA decision and ordered Chua’s reinstatement with backwages as the
depositions of the affiants clarified that they merely saw Chua sitting with Bobby on the student
desk with no report of any scandalous acts with the lights on and 1 door open.

The Minister of Labor reversed the NLRC decision but awarded 6 months salary to Chua as
financial assistance.

The Office of the President reinstated the NLRC decision and ordered the same for Chua.
However, upon a Motion for Reconsideration, the Office of the President modified its decision
by allowing Tay Tung to terminate the services of Chua but with 6 months salary as separation
pay. Jacobo Clave, as the Presidential Executive Assistant, elucidated that the office deemed it
wise to not only look at the legal issues but also the effect of the rumors on the integrity of the
school. Moreover, Chua, as teacher who exercises substitute parental authority and moral
ascendancy, violated the Code of Ethichs for teachers in taking advantage of her position as
such.

Issue/s: W/N Office of the President gravely erred in allowing petitioner Chua’s dismissal?

Ruling of the Court: YES. Even if the grounds of immorality or grave misconduct for the
termination of services of an employee depend upon the particular circumstances of each case,
all sanctioned must be based upon substantial evidence. In the instant case, the records show
that the Minister of Labor, as affirmed by the Office of the President on motion for
reconsideration, only relied upon 4 affidavits that Chua stayed with Bobby Qua after class with
no specific allegation of immoral acts. With teachers given leeway to give remedial instructions
to students in the classroom setting and with no direct evidence of grave misconduct, the Office
of the President merely worked upon the assumption that Chua took advantage of her position
and of Bobby Qua. Thus, the alleged violation fo the Code of Ethics of teachers also has no basis.

Dispositive Portion: Petition for Certiorari GRANTED, Tay Tung ORDERED to pay Chua 3
years of backwages and separation pay.

Notes:

Digest by: Murao

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