tadhana slots SC: Suspension of single, pregnant teacher illegal

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NOT IMMORAL The high court said in its ruling that the teacher’s premarital sex relations and pregnancy were “not disgraceful or immoral within the contemplation of the law.”—Inquirer file photo

MANILA, Philippines — The Supreme Court has ordered a school in Bohol province to pay the back wages and other benefits of a teacher who was suspended for getting pregnant out of wedlock.

In an 18-page decision on G.R. No. 252124 released on its website on Monday, the high tribunal’s First Division upheld the ruling of the Court of Appeals on illegal suspension, emphasizing that consensual sexual relations between unmarried adults are not considered immoral.

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The decision, promulgated on July 24 and penned by Associate Justice Ricardo Jose, emphasized that no law prohibits such a conduct, nor does it conflict with any fundamental state policies outlined in the constitution.

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The Supreme Court further ruled that basing public policies and moral standards on religious beliefs would compel individuals to conform to a specific religious agenda, which is incompatible with constitutional principles.

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The high court effectively denied the petition for review on certiorari filed by Bohol Wisdom School, its chair of the board of trustees Simplicio Yap Jr., and administrative team head Raul Deloso, who were held liable for the illegal suspension of a female teacher.

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The complainant began working at Bohol Wisdom School, a Christian school, on June 7, 2007. She taught language, physical education, arts, mother tongue and writing.

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On Sept. 21, 2016, she informed the grade school principal and Deloso that she was two months pregnant. The following day, Deloso informed her that she would remain suspended until she married the father of her child.

Penalized

Five days later, the teacher received written notice that she was indefinitely suspended without pay on the grounds of immorality unless she married her boyfriend.

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She subsequently filed a complaint for illegal suspension. While the teacher did get married, she declined to return to work and filed for separation pay, with Nov. 9, 2016, considered as her last day of employment.

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The labor arbiter initially ruled that she was constructively dismissed, but the National Labor Relations Commission reversed this decision.

While the appellate court ruled out constructive dismissal, it found her suspension illegal.

Not disgraceful

Its ruling was affirmed by the Supreme Court, which said that [the teacher’s] premarital sexual relations and pregnancy were “not disgraceful or immoral within the contemplation of the law.”

The high court also cited the appellate court’s finding that “on a secular level, premarital sex is not immoral per se. [The teacher] did not have sexual relations with a married man; neither was she married at the time.”

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“Using the Supreme Court’s gauge of moralitytadhana slots, we do not see how [her] conduct is immoral. Considering [she] is not guilty of immoral conduct, her suspension is illegal and without basis,” the appellate court had said in its ruling.

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