Labor Case : Immorality; Premarital Sexual Relations
Cheryll Santos Leus vs. St. Scholastica’s College WESTGROVE and/or SR. EDNA QUIAMBAO, OSB
GR No. 187226, January 28, 2015
Being pregnant but unmarried.
Issue: Is this a ” serious misconduct” that justifies of dismissal of an employee in a Catholic School?
The labor arbiter, the NLRC, and the Court of Appeals (CA) ruled and all said yes.
But the Supreme Court, through Mr. Justice Reyes, said no.
The Court affirmed that “if the conduct does not conform to what society generally biews as respectable or moral, then the conduct is considered as disgraceful or immoral.” But “it is not religious morality that should determine the prevailing norms of conduct, but rather, the public and secular morality.”
The employer school argued that “disgraceful or immoral conduct” is a ground for dismissal under the 1992 Manual of Regulations for Private Schools in addition to the “just causes” under the Labor Code. But the Court explained conducts which are proscribed (prohibited) because they are “detrimental to conditions upon which depend the existence and progress of human society.”
The Court concluded that the employee’s dismissal was illegal. (Leus, January 28, 2015).
Azucena, C. A . 2015. Everyone’s Labor Code.