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EVELYN CHUA-QUA, petitioner, appeal (1)
vs. applicability (1)
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assessment (1)
REGALADO, J.: attitude (2)
This would have been just another illegal attributes (1)
dismissal case were it not for the controversial audit (1)
and unique situation that the marriage of herein authorized cause (1)
petitioner, then a classroom teacher, to her Azucena (1)
student who was fourteen (14) years her junior, bar (3)
was considered by the school authorities as bar exam study (1)
sufficient basis for terminating her services. basis of taxation (1)

Private respondent Tay Tung High School, Inc. is Batas Kasambahay (1)

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an educational institution in Bacolod City. battle (1)

Petitioner had been employed therein as a be proud (1)
teacher since 1963 and, in 1976 when this be true (1)

dispute arose, was the class adviser in the sixth bear (1)

grade where one Bobby Qua was enrolled. Since Beatles (1)

it was the policy of the school to extend remedial beautiful (2)

instructions to its students, Bobby Qua was become (1)

imparted such instructions in school by begin (1)

behind (1)
petitioner. 1 In the course thereof, the couple fell
belief (1)
in love and on December 24, 1975, they got
believe (3)
married in a civil ceremony solemnized in Iloilo
benefits (1)
City by Hon. Cornelio G. Lazaro, City Judge of
benefits-protection
Iloilo. 2 Petitioner was then thirty (30) years of age
theory (1)
but Bobby Qua being sixteen (16) years old,
best (2)
consent and advice to the marriage was given by
better (1)
his mother, Mrs. Concepcion Ong. 3 Their bill of rights (1)
marriage was ratified in accordance with the rites black wolf (1)
of their religion in a church wedding solemnized Blaise Pascal (1)
by Fr. Nick Melicor at Bacolod City on January 10, blessings (2)
1976. 4 Born for This (1)
On February 4, 1976, private respondent filed borrow (1)
with the sub-regional office of the Department of brave (1)
Labor at Bacolod City an application for clearance breakthrough (1)
to terminate the employment of petitioner on the brilliant (1)
following ground: "For abusive and unethical Brown (1)
conduct unbecoming of a dignified school teacher business (1)
and that her continued employment is inimical to by-laws (1)
the best interest, and would downgrade the high CA (1)
moral values, of the school." 5 Calalang vs Williams (1)
Petitioner was placed under suspension without calling (1)
pay on March 12, 1976. 6 Executive Labor Arbiter calm (1)
Jose Y. Aguirre, Jr. of the National Labor Calvo (1)

Relations Commission, Bacolod City, to whom the Calvo doctrine (1)

case was certified for resolution, required the canons (1)

parties to submit their position papers and capital (1)

supporting evidence. Affidavits 7 were submitted capital asset (1)

by private respondent to bolster its contention that capital gains (1)

capital gains tax (1)
petitioner, "defying all standards of decency,
Cardozo (1)
recklessly took advantage of her position as
career (2)
school teacher, lured a Grade VI boy under her
carpe diem (1)
advisory section and 15 years her junior into an
carry forward provision
amorous relation." 8 More specifically, private
(1)
respondent raised issues on the fact that
Cayetano vs Monsod (1)
petitioner stayed alone with Bobby Qua in the
challenge (1)
classroom after school hours when everybody
chance (2)
had gone home, with one door allegedly locked
change (2)
and the other slightly open. Chaplin (1)
On September 17, 1976, Executive Labor Arbiter cheer (1)
Jose Y. Aguirre, Jr., without conducting any formal cheerful (1)
hearing, rendered an "Award" in NLRC Case No. Cherokee (1)
956 in favor of private respondent granting the child (1)
clearance to terminate the employment of child welfare (1)
petitioner. It was held therein that — children (2)
The affidavits . . . although self- choice (3)
serving but were never disputed by Christ (1)
the respondent pointed out that Christian (5)
before the marriage of respondent Christian D. Larson (1)
to Bobby Qua, fourteen (14) years Christianity (1)
her junior and during her Christopher Gardner (1)
employment with petitioner, an Chua-Qua vs Clave (1)
amorous relationship existed Churchill (2)
between them. In the absence of Cicero (1)

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evidence to the contrary, the civil code (2)

undisputed written testimonies of clarity (1)
several witnesses convincingly client (1)
picture the circumstances under Clinton (1)
which such amorous relationship code (1)
was manifested within the premises code of professional
of the school, inside the classroom, responsibility (1)

and within the sight of some Colgate (1)

employees. While no direct Colgate-Palmolive (1)

evidences have been introduced to Colossians (1)

Colossians 3:17 (1)
show that immoral acts were
Colossians 3:23 (1)
committed during these times, it is
COMELEC (1)
however enough for a sane and
compensation (1)
credible mind to imagine and
complaint (1)
conclude what transpired and took
completion (1)
place during these times. . . . 9
conduct (3)
Petitioner, however, denied having received any
conflict (2)
copy of the affidavits referred to. 10
conflict of laws (1)
On October 7, 1976, petitioner appealed to the
Confucius (1)
National Labor Relations Commission claiming
Conn Iggulden (1)
denial of due process for not having been
conquer (2)
furnished copies of the aforesaid affidavits relied
constitution (1)
on by the labor arbiter. She further contended that
continue (1)
there was nothing immoral, nor was it abusive
contract (1)
and unethical conduct unbecoming of a dignified
corporation (1)
school teacher, for a teacher to enter into lawful
courage (8)
wedlock with her student. 11 court (2)
On December 27, 1976, the National Labor court of appeals (2)
Relations Commission unanimously reversed the court system (2)
Labor Arbiter's decision and ordered petitioner's create (1)
reinstatement with backwages, with the following creation (1)
specific findings: creativity (1)
Affiant Maselliones deposed and creator (1)
said that he saw appellant and creditable witholding tax
Qua sitting on the student desk (1)
inside a classroom after classes. criminal law (1)
The depositions of affiants Despi Criminal Law (1)
and Chin are of the same tenor. CTA (2)
No statements whatever were custody (1)
sworn by them that they were Daily Reflections for Bar
eyewitnesses to immoral or Exam Study (1)
damages (2)
scandalous acts.
dare (3)
xxx xxx xxx
de minimis benefits (1)
Even if we have to strain our
decedent (1)
sense of moral values to
decision (1)
accommodate the conclusion of
deductions (1)
the Arbiter, we could not deduce
deed of donation (1)
anything immoral or scandalous
deemed sales (1)
about a girl and a boy talking
defend (1)
inside a room after classes with
defense (1)
lights on and with the door open.
definition (1)
xxx xxx xxx
Derek Redmond (1)
Petitioner-appellee naively insisted
desiderata (1)
that the clearance application was
destiny (1)
precipitated by immoral acts which
determination (5)
did not lend dignity to the position of
difference (4)
appellant. Aside from such
diligence (1)
gratuitous assertions of immoral
direct tax (1)
acts or conduct by herein appellant,
direction (2)
no evidence to support such claims
discipline (1)
was introduced by petitioner-
dismissal (1)
appellee. We reviewed the the
Disney (1)

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sequence of events from the disparage (1)

beginning of the relationship divisible (1)
between appellant Evelyn Chua and do it (1)
Bobby Qua up to the date of the do it for God (1)
filing of the present application for document stamp (1)
clearance in search of evidence that document stamp tax (1)
could have proved detrimental to documentation (1)
the image and dignity of the school domestic adoption act
but none has come to our attention. (1)
domestic workers (2)
. . . 12
don't quit (2)
The case was elevated by private respondent to
donate (1)
the Minister of Labor who, on March 30, 1977,
donation (3)
reversed the decision of the National Labor
donor's tax (1)
Relations Commission. The petitioner was,
donor's tax return (1)
however, awarded six (6) months salary as
Drago (1)
financial assistance. 13
Drago doctrine (1)
On May 20, 1977, petitioner appealed the said
dream (7)
decision to the Office of the President of the
dream big (1)
Philippines. 14 After the corresponding
due process (1)
exchanges, on September 1, 1978 said office,
duration (1)
through Presidential Executive Assistant Jacobo
duties (1)
C. Clave, rendered its decision reversing the
economic dependence
appealed decision. Private respondent was test (1)
ordered to reinstate petitioner to her former economic realities test
position without loss of seniority rights and other (1)
privileges and with full back wages from the time Edison (1)
she was not allowed to work until the date of her education (1)
actual reinstatement. 15 effect (1)
Having run the gamut of three prior adjudications effectively zero-rated (1)

of the case with alternating reversals, one would Einstein (1)

think that this decision of public respondent email (1)

wrote finis to petitioner's calvary. However, in a employer-employee

relationship (1)
resolution dated December 6, 1978, public
enjoin (1)
respondent, acting on a motion for
enthusiastic (1)
reconsideration 16 of herein private respondent
equal protection (1)
and despite opposition thereto, 17 reconsidered
equality (1)
and modified the aforesaid decision, this time
escrow (1)
giving due course to the application of Tay Tung
estate (1)
High School, Inc. to terminate the services of
estate tax (1)
petitioner as classroom teacher but giving her
estate tax return (1)
separation pay equivalent to her six (6) months
ethics (2)
salary. 18 evidence (1)
In thus reconsidering his earlier decision, public executor (2)
respondent reasoned out in his exempt (1)
manifestation/comment filed on August 14, 1979 Exempting (1)
in this Court in the present case: exemption (1)
That this Office did not limit itself to extinction (1)
the legal issues involved in the failure (2)
case, but went further to view the fair market value (1)
matter from the standpoint of policy faith (8)
which involves the delicate task of faithful (1)
rearing and educating of children family code (1)
whose interest must be held family home (1)
paramount in the school community, famous lawyers (1)
and on this basis, this Office father and son (1)
deemed it wise to uphold the favor (2)
judgment and action of the school fear (3)
authorities in terminating the fearfully and wonderfully
services of a teacher whose made (2)
actuations and behavior, in the fight (1)
belief of the school authorities, had file (1)
spawned ugly rumors that had cast final capital gains tax (1)

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serious doubts on her integrity, a final withholding tax (1)

situation which was considered by fly (1)
them as not healthy for a school Flynn Rider (1)
campus, believing that a school focus (1)
teacher should at all times act with footprints (1)
utmost circumspection and conduct footprints in the sand (1)
herself beyond reproach and above Ford (2)

suspicion; 19 forgiveness (1)

In this petition for certiorari, petitioner relies on the forward (1)

following grounds for the reversal of the aforesaid four fold test (1)

resolution of public respondent, viz.: freedom (3)

1. The dismissal or termination of freedom of speech (2)

petitioner's employment, despite future (7)

gift (4)
Tay Tung's claim to the contrary,
give (1)
was actually based on her
give thanks (1)
marriage with her pupil and is,
giving (1)
therefore, illegal.
glory (1)
2. Petitioner's right to due process
go (1)
under the Constitution was
go on (1)
violated when the hearsay
goal (4)
affidavits of Laddy Maselliones,
goals (1)
Eleuterio Despi, Pina D. Chiu, and
God (14)
Ong Lee Bing, were admitted and
God's love (3)
considered in evidence without
God's plan (4)
presenting the affiants as
good (2)
witnesses and affording the
good vs evil (1)
petitioner the right to confront and
goodness (1)
cross-examine them.
goods (1)
3. No sufficient proofs were
grace (2)
adduced to show that petitioner
grateful (1)
committed serious misconduct or
gratitude (1)
breached the trust reposed on her
great leader (1)
by her employer or committed any
greatest good (1)
of the other grounds enumerated in
greatness (2)
Article 283 (Now Article 282) of the
gross estate (1)
Labor Code which will justify the
gross income (1)
termination of her employment. 20 gross receipts (1)
We first dispose of petitioner's claim that her right gross value (1)
to due process was violated. We do not agree. grow (1)
There is no denial of due process where a party growth (1)
was afforded an opportunity to present his side. guidance (2)
Also, the procedure by which issues are resolved guide (2)
based on position papers, affidavits and other Haiyan (1)
documentary evidence is recognized as not happiness (2)
violative of such right. Moreover, petitioner could happy (2)
have insisted on a hearing to confront and cross- Harper Lee (1)
examine the affiants but she did not do so, health (1)
obviously because she was convinced that the heart (1)
case involves a question of law. Besides, said heir (1)
affidavits were also cited and discussed by her in heirs (1)
the proceedings before the Ministry of Labor. help (3)
Now, on the merits. Citing its upright intention to Hemingway (1)
preserve the respect of the community toward the hesitation (1)
teachers and to strengthen the educational high (1)
system, private respondent submits that Hill (1)
petitioner's actuations as a teacher constitute history (1)

serious misconduct, if not an immoral act, a HLURB (1)

breach of trust and confidence reposed upon her hold on (3)

and, thus, a valid and just ground to terminate her Honda (1)

services. It argues that as a school teacher who honest mistake of fact

(1)
exercises substitute parental authority over her
honor (1)
pupils inside the school campus, petitioner had
hope (6)

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moral ascendancy over Bobby Qua and, household service

therefore, she must not abuse such authority and worker (1)

respect extended to her. Furthermore, it charged how to (1)

HSW (1)
petitioner with having allegedly violated the Code
human relations (1)
of Ethics for teachers the pertinent provision of
Human Rights (1)
which states that a "school official or teacher
I can (1)
should never take advantage of his/her position to
I can do it (1)
court a pupil or student." 21
IBP (1)
On the other hand, petitioner maintains that there
idea (1)
was no ground to terminate her services as there
ideal (1)
is nothing wrong with a teacher falling in love with
impeachment (1)
her pupil and, subsequently, contracting a lawful
important (1)
marriage with him. She argued that she was
income tax (1)
dismissed because of her marriage with Bobby
income tax return (1)
Qua This contention was sustained in the
indemnity (1)
aforesaid decision of the National Labor Relations
indivisible (1)
Commission thus:
Industrial Timber (1)
. . . One thing, however, has not
inheritance (1)
escaped our observation: That the
input tax (1)
application for clearance was filed
inspiration (1)
only after more than one month
inspirational (1)
elapsed from the date of appellant's
inspire (4)
marriage to Bobby Qua Certainly,
instigate (1)
such belated application for
instigator (1)
clearance weakens instead of
insurable interest (1)
strengthening the cause of insurance code (1)
petitioner-appellee. The alleged insured (1)
immoral acts transpired before the insurer (1)
marriage and if it is these alleged Integrated Bar of the
undignified conduct that triggered Philippines (1)
the intended separation, then why international law (2)
was the present application for intestate (1)
clearance not filed at that time when IRR (1)
the alleged demoralizing effect was IRR RA 10361 (1)
still fresh and abrasive? 22 J.R.R. Tolkien (1)
After a painstaking perusal of the records, we are Jaka (1)
of the considered view that the determination of Jesus Culture (1)
the legality of the dismissal hinges on the issue of John Waller (1)
whether or not there is substantial evidence to Jonathan Livingston
prove that the antecedent facts which culminated Seagull (1)

in the marriage between petitioner and her Jonny Diaz (1)

student constitute immorality and/or grave Jordan (1)

misconduct. To constitute immorality, the Jose P. Laurel (1)

Josh Groban (1)
circumstances of each particular case must be
journey (3)
holistically considered and evaluated in the light
JP Laurel (1)
of prevailing norms of conduct and the applicable
judges (1)
law. Contrary to what petitioner had insisted on
judicial conduct (1)
from the very start, what is before us is a factual
jurisdiction (2)
question, the resolution of which is better left to
just cause (1)
the trier of facts.
just do it (1)
Considering that there was no formal hearing
justice (1)
conducted, we are constrained to review the
Justifying (1)
factual conclusions arrived at by public
Kapuso Foundation (1)
respondent, and to nullify his decision through the
Kasambahay Law (1)
extraordinary writ of certiorari if the same is
keep going (3)
tainted by absence or excess of jurisdiction or
Kennedy (1)
grave abuse of discretion. The findings of fact
Khalil Gibran (1)
must be supported by substantial evidence;
kind deeds (1)
otherwise, this Court is not bound thereby. 23
kind heart (1)
We rule that public respondent acted with grave
kindness (1)
abuse of discretion. As vividly and forcefully King (1)
observed by him in his original decision: knowledge (1)

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Indeed, the records relied upon by labor (1)

the Acting Secretary of Labor labor doctrine (1)
(actually the records referred to are labor law (1)
the affidavits attached as Annexes landmark case (2)
"A" to "D" of the position paper Lao Tzu (1)
dated August 10, 1976 filed by Latin (1)
appellee at the arbitration Latin phrases (1)
proceedings) in arriving at his law (6)
decision are unbelievable and lawyer (10)
unworthy of credit, leaving many lawyer's prayer (1)

question unanswered by a rational leader (1)

mind. For one thing, the affidavits leadership (1)

refer to certain times of the day Lee Simmons (1)

during off school hours when legal dictionary (1)

appellant and her student were legal maxims (1)

found together in one of the legal practice (1)

classrooms of the school. But the legal profession (3)

records of the case present a ready legitime (1)

answer: appellant was giving lessons (1)

remedial instruction to her student letter (1)

and the school was the most letter of authority (1)

convenient place to serve the Leyte (1)

purpose. What is glaring in the lien (1)

affidavits is the complete absence of life (9)

specific immoral acts allegedly life story (1)

committed by appellant and her lifeblood doctrine (1)

student. For another, and very limit (1)

important at that, the alleged acts limitation (1)

complained of invariably happened Lincoln (1)

from September to December, Linda Ellis (1)

1975, but the disciplinenary action local government (1)

imposed by appellee was sought local government

taxation (1)
only in February, 1976, and what is
local law (1)
more, the affidavits were executed
loci (1)
only in August, 1976 and from all
Lord (1)
indications, were prepared by
love (8)
appellee or its counsel. The
M L'Engle (1)
affidavits heavily relied upon by
M.G. Groepler (1)
appellee are clearly the product of
Macy's (1)
after-thought. . . . The action
Mandela (1)
pursued by appellee in dismissing
Mandisa (3)
appellant over one month after her
manifest (1)
marriage, allegedly based on
Marianne Williamson (1)
immoral acts committed even much
Mark Twain (1)
earlier, is open to basis of the action
market value (1)
sought seriously doubted; on the
marriage (1)
question. The basis of the action
Martin Luther (1)
sought is seriously doubted; on the
Mary Oliver (1)
contrary, we are more inclined to
masterpiece (2)
believe that appellee had certain
Max Ehrmann (1)
selfish, ulterior and undisclosed
Max Lucado (1)
motives known only to itself. 24
maxims (1)
As earlier stated, from the outset even the labor
Maxwell (1)
arbiter conceded that there was no direct
Maya Angelou (1)
evidence to show that immoral acts were
MCTC (1)
committed. Nonetheless, indulging in a patently mediator (1)
unfair conjecture, he concluded that "it is however membership (1)
enough for a sane and credible mind to imagine mind (1)
and conclude what transpired during those Mitigating (1)
times." 25 In reversing his decision, the National mode (1)
Labor Relations Commission observed that the moment (1)
assertions of immoral acts or conducts are money laundering (1)
gratuitous and that there is no direct evidence to moral (1)

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support such claim, 26 a finding which herein most favored nation

clause (1)
public respondent himself shared.
motion to dismiss (1)
We are, therefore, at a loss as to how public
motion to quash (1)
respondent could adopt the volte-face in the
motivate (3)
questioned resolution, which we hereby reject,
motivation (4)
despite his prior trenchant observations
move (1)
hereinbefore quoted. What is revealing however,
move on (1)
is that the reversal of his original decision is
MTC (2)
inexplicably based on unsubstantiated surmises
municipal law (1)
and non sequiturswhich he incorporated in his
my unseen guest (1)
assailed resolution in this wise:
nature of taxation (1)
. . . While admittedly, no one directly
need (1)
saw Evelyn Chua and Bobby Qua
Nelson Mandela (1)
doing immoral acts inside the
never gives up (1)
classroom it seems obvious and this
new day (1)
Office is convinced that such a
Newsboys (1)
happening indeed transpired within
Newton (1)
the solitude of the classrom after
NIRC (2)
regular class hours. The marriage
no fear (1)
between Evelyn Chua and Bobby
no limits (1)
Qua is the best proof which
non-resident (1)
confirms the suspicion that the two
non-stock corporation
indulged in amorous relations in that (1)
place during those times of the day. notice (1)
. . . 27 Obama (1)
With the finding that there is no substantial obedience (1)
evidence of the imputed immoral acts, it follows obey (1)
that the alleged violation of the Code of Ethics Og Mandino (2)
governing school teachers would have no basis. Olympics (1)
Private respondent utterly failed to show that on children (1)
petitioner took advantage of her position to court One Thing Remains (1)
her student. If the two eventually fell in love, opinion (1)
despite the disparity in their ages and academic opportunity (2)
levels, this only lends substance to the truism that opposition (1)
the heart has reasons of its own which reason oppression (1)
does not know. But, definitely, yielding to this optimist (1)
gentle and universal emotion is not to be so optimist creed (1)
casually equated with immorality. The deviation of ordinary asset (1)
the circumstances of their marriage from the Our Deepest Fear (1)

usual societal pattern cannot be considered as a output tax (1)

defiance of contemporary social mores. overcome (1)

It would seem quite obvious that the avowed overcomer (1)

policy of the school in rearing and educating pacto de retro sales (1)

children is being unnecessarily bannered to justify paid in full (1)

the dismissal of petitioner. This policy, however, is parents (1)

not at odds with and should not be capitalized on parties (1)

partnership (1)
to defeat the security of tenure granted by the
pass (1)
Constitution to labor. In termination cases, the
path (1)
burden of proving just and valid cause for
patience (2)
dismissing an employee rests on the employer
Pausch (1)
and his failure to do so would result in a finding
peace (1)
that the dismissal is unjustified.
penalties (1)
The charge against petitioner not having been
people (1)
substantiated, we declare her dismissal as
perfect (1)
unwarranted and illegal. It being apparent,
perfect timing (1)
however, that the relationship between petitioner
perfection (1)
and private respondent has been inevitably and
perseverance (2)
severely strained, we believe that it would neither
persistence (2)
be to the interest of the parties nor would any
Philippians 3:13-14 (1)
prudent purpose be served by ordering her
Philippians 4:13 (1)
reinstatement.
Philippines (1)
WHEREFORE, the petition for certiorari is
Pickford (1)

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GRANTED and the resolution of public plan (6)

respondent, dated December 6, 1978 is planetshakers (2)
ANNULLED and SET ASIDE. Private respondent plans (2)

Tay Tung High School, Inc. is hereby ORDERED policies (1)

to pay petitioner backwages equivalent to three policy (1)

(3) years, without any deduction or qualification, positive (5)

and separation pay in the amount of one (1) positivism (1)

month for every year of service. possible (3)

SO ORDERED. power (2)

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Melencio-Herrera (Chairman), Paras and Padilla,
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JJ., concur.
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Sarmiento, J., is on leave.
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Footnotes
prayer (4)
1 Rollo, 189.
press on (2)
2 Ibid., 84.
priority (1)
3 Ibid., 14; Annex A, Petition,
prize (1)
4 Ibid., id.,: Annex B. id.
probity (1)
5 Ibid., id., Annex C, id.
procedure (1)
6 Ibid., 43, Annex 1, id.
proceedings (1)
7 Annexes N-1 to N-4 Petition.
proclaim (1)
8 Rollo, 15; Annex F, Petition.
profession (1)
9 Rollo, 60-61.
progressive tax (1)
10 Ibid., 74.
promise (2)
11 Ibid., 73-75.
promotion (1)
12 Ibid., 85-87.
property (1)
13 Ibid., 111-114.
prosperity (1)
14 Ibid,. 115-122. protect (2)
15 Ibid., 137. protection (5)
16 Ibid., 138-142. Proverbs (1)
17 Ibid., 143-144. Proverbs 16:3 (1)
18 Ibid., 146. Psalm (1)
19 Ibid., 180-181. Psalm 139 (2)
20 Ibid., 22. Psalm 23 (1)
21 Ibid., 127. purpose (9)
22 Ibid., 87. purpose and objectives
23 Llobrera vs. National Labor of taxation (1)
Relations Commission, et al., 162 Pursuit of Happyness (1)
SCRA 788 (1988). quotes (1)
24 Rollo, 135-136. RA 10361 (1)
25 Ibid., 60-61. ra 8552 (1)
26 Ibid., 86. Radmacher (1)
27 Ibid., 148. Ralph Waldo Emerson
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