Landmark Case: CHUA – QUA vs. CLAVE G.R. No.

L-49549 August 30, 1990 (Case Digest)

A truly remarkable case wherein the Supreme Court ruled in favor of “love”. The setting of the
case was in when marriage between minors was still legal, way before the Family Code. In this
case, a 30 year old teacher had married her student which prompted the school to terminate
her. And against all odds the Supreme Court Ruled in favor of her, hence, creating this
Landmark Case. “truism that the heart has reasons of its own which reason does not
know.”

CHUA – QUA vs. CLAVE G.R. No. L-49549 August 30, 1990
Digested Case

A Landmark Case

FACTS:

This would have been just another illegal dismissal case were it not for the controversial and
unique situation that the marriage of herein petitioner, then a classroom teacher, to her student
who was fourteen (14) years her junior, was considered by the school authorities as sufficient
basis for terminating her services.

The case was about an affair and marriage of 30 years old teacher Evelyn Chua in Tay Tung
High School in Bacolod City to her 16 years old student. The petitioner teacher was suspended
without pay and was terminated of his employment “for Abusive and Unethical Conduct
Unbecoming of a Dignified School Teacher” which was filed by a public respondent as a
clearance for termination.

ISSUE:

Was her dismissal valid?

Whether or not there is substantial evidence to prove that the antecedent facts which
culminated in the marriage between petitioner and her student constitute immorality and or
grave misconduct?

RULING:

The Supreme Court declared the dismissal illegal saying:

“Private respondent [the school] utterly failed to show that petitioner [30-year old lady teacher]
took advantage of her position to court her student [16-year old]. 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.”

Finding that there is no substantial evidence of the imputed immoral acts, it follows that the
alleged violation of 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. The deviation of the circumstances of their marriage from the usual societal pattern
cannot be considered as a defiance of contemporary social mores.
May 14, 2012 DO 40, s. 2012 – DepEd Child Protection Policy

DepEd launched its Child Protection Policy on May 3,2012, through DepEd Order No.
40,s.2012, to promote a zero-tolerance policy for any act of child abuse, exploitation, violence,
discrimination, bullying and other related offenses.  DepEd conducted a nationwide information
dissemination campaign.

 Legal Bases  The Philippine Constitution *The State shall protect the right of children to
assistance, including proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions prejudicial to their development (Art. XV. Sec.
3(b))

 Legal Bases  The Philippine Constitution * All educational institutions shall....foster love of
humanity, respect for human rights......develop moral character and personal discipline...(Art.
XIV, Sec. 3, (b))
 Legal Bases  Convention on the Rights of the Child *Protect children from all forms of
violence, injury or abuse. *Establishes the Right of the Child to Education.

Article 218,220, 233 of the Family Code of the Phil. and PD 603  “gives the school , its
administrators and teachers, or the individual, entity or institution engaged in child care the
special parental authority and responsibility over the minor child while under their supervision,
instruction or custody”......  “Authority and responsibility shall apply to all authorized activities
whether inside or outside the premises of the school, entity or institution....”

 Protective and Remedial Measures to Address Corporal Punishment and Other Acts of
Violence Committed by School Personnel PROCEDURE:  Expeditious conduct of investigation
and reporting of cases;  School Head or the School Division Superintendent shall forward the
complaint within 48 hrs. to the Disciplining Authority, who shall issue an order for the conduct of
a fact- finding investigation, not later than 72 hours from submission;  If the person complained
of is a non-teaching personnel, the School Division Superintendent shall cause the conduct of a
fact finding investigation within the same period;

 Procedure  Criminal and civil liability shall not be a bar to the filing of an administrative case;
 The Revised Rules of Procedure of DepEd in Administrative Cases shall apply in all other
aspects;  The identity or other information that may reasonably identify the pupil or student
shall remain confidential; and  The identity of a respondent-teacher shall likewise be kept
confidential.

Republic Act No. 7610 or the Special Protection of Children against Child Abuse, Exploitation
and Discrimination Act also guarantee that learners’ rights are protected.
Child Abuse: RA No. 7610 also known as “Special Protection of Children against Abuse
Exploitation and Discrimination.”  Refers to the maltreatment of a child; Includes: 1.
Psychological Abuse or Physical Abuse; 2. Neglect or Cruelty; 3. Sexual Abuse and Emotional
Maltreatment; 4. any act by deeds or words that degrades the dignity of a child as a human
being;
 PROHIBITED ACT: CHILD ABUSECHILD ABUSE – refers to the maltreatment of a child–
refers to the maltreatment of a child whether habitual or not, which includes the whether habitual
or not, which includes the following: 1) Psychological or physical abuse, neglect, cruelty, 1)
Psychological or physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment.
Sexual abuse and emotional maltreatment. 2) Any act or deeds or words which debases, 2) any
act or deeds or words which debases, degrades or demeans the intrinsic worth dignity of a
degrades or demeans the intrinsic worth dignity of a child as a human being. Child as a human
being. 3) Unreasonable deprivation of the child's basic3) Unreasonable deprivation of the child's
basic needs for survival such as food and shelter; or needs for survival such as food and
shelter; or 4) Failure to immediately give medical treatment to4) Failure to immediately give
medical treatment to an injured child resulting in serious impairment of his an injured child
resulting in serious impairment of his or her growth and development or in the child’s or her
growth and development or in the child's permanent in capacity or death. Permanent in capacity
or death. (Section 3 (b) RA 7610)
 PROHIBITED ACT : DISCRIMINATION AGAINST CHILDRENDISCRIMINATION AGAINST
CHILDREN - refers to an act of exclusion, distinction, restriction- refers to an act of exclusion,
distinction, restriction or preference which is based on any ground such as age, ethnicity, sex,
sexual orientation and gender age, ethnicity, sex, sexual orientation and gender identity,
language, religion, political or other identity, language, religion, political or other opinion,
national or social origin, property, birth, opinion, national or social origin, property, birth, being
inflicted by AIDS, being pregnant, being a child being inflicted by AIDS, being pregnant, being a
child in conflict with the law, being a child with disability in conflict with the law, being a child with
disability or other status or condition, and which has the or other status or condition, and which
has the purpose or effect of nullifying or impairing the purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise by all persons on recognition, enjoyment or exercise by
all persons on an equal footing, of all rights and freedom.an equal footing, of all rights and
freedom.
 PROHIBITED ACT: CORPORAL PUNISHMENTCORPORAL PUNISHMENT
- Refers to a kind of punishment or penalty imposed for an alleged or actual offense, which is
imposed for an alleged or actual offense, which is carried out or inflicted, for the purpose of
carried out or inflicted, for the purpose of discipline, training or control, by a teacher, school
discipline, training or control, by a teacher, school administrator, an adult, or any other child who
administrator, an adult, or any other child who has been given or has assumed authority or has
been given or has assumed authority or responsibility for punishment or discipline.
Irresponsibility for punishment or discipline. It includes physical, humiliating or degrading
includes physical, humiliating or degrading punishment, including but not limited to the
punishment, including but not limited to the following:

1)Blows such as, but not limited to, beating, kicking,1)Blows such as, but not limited to, beating,
kicking, hitting, slapping, or lashing, of any part of a hitting, slapping, or lashing, of any part of a
child’s body, with or without the use of an child’s body, with or without the use of an instrument
such as, but not limited to a cane, instrument such as, but not limited to a cane, broom, stick,
whip or belt; broom, stick, whip or belt; 2) Striking of a child’s face or head, such being2) Striking
of a child’s face or head, such being declared as a “no contract zone”; declared as a “no
contract zone”; 3) Pulling hair, shaking, twisting joints, cutting or3) Pulling hair, shaking, twisting
joints, cutting or piercing skin, dragging, pushing or throwing of piercing skin, dragging, pushing
or throwing of a child; 4) Forcing a child to perform physically painful or4) Forcing a child to
perform physically painful or damaging acts such as, but not limited to, holding damaging acts
such as, but not limited to, holding a weight or weights for an extended period and weight or
weights for an extended period and kneeling on stones, salt, pebbles or other objects; kneeling
on stones, salt, pebbles or other objects; 5) Deprivation of a child’s physical needs as a form5)
Deprivation of a child’s physical needs as a form of punishment; of punishment; 6) Deliberate
exposure to fire, ice water, smoke,6) Deliberate exposure to fire, ice water, smoke, sunlight,
rain, pepper, alcohol, or forcing the child sunlight, rain, pepper, alcohol, or forcing the child to
swallow substances, dangerous chemicals, and to swallow substances, dangerous chemicals,
and other materials that can cause discomfort or other materials that can cause discomfort or
threaten the child’s health, safety and sense of threaten the child’s health, safety and sense of
security such as, but not limited to insecticides, security such as, but not limited to insecticides,
excrement or urine; 7) Tying up a child;7); 8) Confinement, imprisonment or depriving the8)
Confinement, imprisonment or depriving the liberty of a child; liberty of a child; 9) Verbal abuse
or assaults, including intimidation or9) Verbal abuse or assaults, including intimidation or threat
of bodily harm, swearing or cursing, threat of bodily harm, swearing or cursing, ridiculing or
denigrating the child; ridiculing or denigrating the child; 10) Forcing a child to swear a sign, to
undress or10) Forcing a child to swear a sign, to undress or disrobe, or put on anything that will
make a child disrobe, or put on anything that will make a child look or feel foolish, which belittles
or humiliates look or feel foolish, which belittles or humiliates the child in front of others; the child
in front of others; 11) Permanent confiscation of personal property of11) Permanent confiscation
of personal property of pupils, students or learners, except when such pupils, students or
learners, except when such pieces of property pose a danger to the child or to pieces of
property pose a danger to the child or to others, and others, and 12) Other analogous acts.12)
Other analogous acts.
 RULES AND PROCEEDINGS IN HANDLING CHILDRULES AND PROCEEDINGS IN
HANDLING CHILD ABUSE, EXPLOITATION, VIOLENCE ANDABUSE, EXPLOITATION,
VIOLENCE AND DISCRIMINATION CASESDISCRIMINATION CASES: Private Schools
Complaint against school personnel or official Complaint against school personnel or official A
complaint for child abuse, violence, exploitation or complaint for child abuse, violence,
exploitation or discrimination in a private school shall be filed with discrimination in a private
school shall be filed with the School Head/Chief Executive Officer and shall be the School
Head/Chief Executive Officer and shall be acted upon pursuant to the school's rules of acted
upon pursuant to the school's rules of procedures on administrative cases. The penalty
procedures on administrative cases. The penalty shall be that which is provided by the rules of
the school, subject to the requirements of due process. School, subject to the requirements of
due process. The administrative cases shall be without prejudice the administrative cases shall
be without prejudice to any civil or criminal cases that may be filed.to any civil or criminal cases
that may be filed.
 RULES AND PROCEEDINGS IN HANDLINGRULES AND PROCEEDINGS IN HANDLING
CHILD ABUSE, EXPLOITATION, VIOLENCECHILD ABUSE, EXPLOITATION, VIOLENCE
AND DISCRIMINATION CASESAND DISCRIMINATION CASES Public Schools :Public
Schools : The investigation shall be in accordance with theinvestigation shall be in accordance
with the Revised Rules of Procedure of the Department ofRevised Rules of Procedure of the
Department of Education.

DepED Child Protection Policy DUTIES OF PRIVATE SCHOOLSDUTIES OF PRIVATE

SCHOOLS

Private Schools shall be responsible for Private Schools shall be responsible for promulgating a
school child protection policy, promulgating a school child protection policy, including a policy on
bullying, a protocol for including a policy on bullying, a protocol for reporting and procedures for
handling and reporting and procedures for handling and management of cases, consistent with
these policies management of cases, consistent with these policies and guidelines. And
guidelines.