Tay Tung

HIGH

CHUA-QUA
VS
CLAVE
GEMMA T. RANCES
MPA 105 – PUBLIC POLICY & PROGRAM ADMINISTRATION
Who is evelyn chua?
- 30 years old.
- employed by Tay Tung High School from
1963 to 1976
- 6th grade adviser at Tay Tung High School
who fell in love with his student.
Who is bobby qua?
- 16 years old
- Student at Tay Tung High School who fell
in love with his teacher.
Facts:
 Evelyn extended remedial
instructions to Bobby as a policy
of the Tay Tung High School
 They fell in love and eventually got
married in a civil ceremony on
December 24 1975
 On January 10, 1976, they formalized
their marriage through a church
wedding
Case Timeline:
 February 4, 1976 – Tay Tung High School filed an application for
clearance to terminate the employment of Evelyn at the Department of
Labor.
 March 12, 1976 – Evelyn was placed under suspension without pay by Tay
Tung High School
 September 17, 1976 – Executive Labor Arbiter, without formal hearing,
granted the clearance to terminate Evelyn.
 October 7, 1976 – Evelyn filed an appeal to the National Labor Relations
Commission.
 December 27, 1976 – The NLRC reversed the decision of the Labor
Arbiter and ordered the reinstatement of Evelyn with back wages.
 March 30, 1977 – Tay Tung High School elevated the case to the Minister
of Labor who reversed the decision of the NLRC but awarded Evelyn
with 6 months salary as financial assistance.
 Case Timeline:
 May 20, 1977 – Evelyn filed an appeal to the Office of the President of
the Philippines.
 September 1, 1978 – The Office of the President reversed the decision of
the Minister of Labor and ordered the reinstatement of Evelyn without
loss of seniority rights and other privileges and with full back wages
from the time she wasn’t allowed to work to the time of reinstatement.
 December 6, 1978 – The Office of the President reconsidered and
modified its decision giving due course to the application of Tay Tung
High School to terminate the employment of Evelyn but giving her a
separation pay equivalent to 6 months.
 August 14, 1979– Evelyn filed an appeal to the Supreme Court.
EVELYN CHUA-QUA’S
STANDPOINT
 The termination of her employment was
based on her marriage to Bobby.

 Her right to due process under the

constitution was violated.

 No sufficient proof to show that she

committed serious misconduct or
breach of trust.
TAY TUNG HIGH SCHOOL
STANDPOINT
 Evelyn displayed an “abusive
unethical conduct, unbecoming of a
dignified school teacher and that her
continued employment is inimical to
the best interest, and would Tay Tung
HIGH
downgrade the high moral values of
the school.”
 ?Issue:
? ?
?

?
?
?

Did Evelyn commit an immoral act as a ?

teacher that calls for her termination from
?
?

? work?
?

?
?
?
? ?
? ?
RULING:
NO. There was no substantial evidence that Evelyn and Bobby
engaged in immoral or scandalous acts. Marriage between a
teacher and student does not constitute as a valid and sufficient
ground for the violation of the constitutionally guaranteed
security of tenure therefore making the dismissal unwarranted.

The Supreme Court ruled that Clave acted with grave abuse of
discretion. The petition for certiorari was granted and Tay Tung
High School is ordered to pay Evelyn back wages equivalent to 3
years, without deduction and separation pay for every year of
service.
 Tay Tun
g
HIGH

“Love Conquers All”

VIRGIL, Ancient Roman Poet
“The heart has its
reasons,
of which reason
knows nothing.”
-Blaise Pascal-

Thank you!!!