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Pregnancy out of wedlock not immoral- Supreme Court
By J.Lo
“Public and secular morality refers to conduct proscribed because they are detrimental to conditions upon which depend the existence and progress of human society. Otherwise, if government relies upon religious beliefs in formulating public policies and morals, the resulting policies and morals would require conformity to what some might regard as a religious program or agenda,” Supreme Court ruled premarital sex resulting in pregnancy is not immoral and cannot be used as grounds for suspending employee.
In 18-page decision dated July 23, penned by Associate Justice Ricardo Rosario, Supreme Court ruled sexual relations between two unmarried adults are not inherently immoral, as there is no law prohibiting such relationships.
Case stemmed from complaint filed by grade school teacher against Bohol Christian School and its officials for illegal suspension. Teacher, two months pregnant at the time, was verbally suspended by school’s principal.
Principal insisted teacher would remain suspended until she married the father of her unborn child.
Few days later, teacher received formal notice stating that she was being indefinitely suspended without pay for “immorality,” with suspension to continue until she married her boyfriend.
In response, teacher filed complaint for illegal suspension before Labor Arbiter, who initially ruled in her favor, finding she had been constructively dismissed by school.
However, National Labor Relations Commission (NLRC) reversed this decision, stating there was insufficient evidence of constructive dismissal, prompting teacher to file appeal before Court of Appeals.
Although appellate court did not find evidence of constructive dismissal, it declared teacher’s suspension illegal. This led both school and teacher to appeal case before Supreme Court.
Supreme Court upheld Court of Appeals’ decision, emphasizing that sexual relations between consenting, unmarried adults are not inherently immoral.
High tribunal further clarified that there is no law prohibiting such relationships, nor do they violate any fundamental state policies enshrined in Constitution.
Supreme Court emphasized, in legal contexts, morality must be based on public and secular standards, rather than religious doctrine.
Supreme Court also ruled teacher’s suspension was illegal.
Citing previous ruling, Supreme Court said pregnancy out of wedlock cannot be deemed “disgraceful and immoral.”
“Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral. No law proscribes such, and said conduct does not contravene any fundamental state policy enshrined in the Constitution,” decision read.
High court also ruled that school did not comply with “procedural due process” as they did not issue notice before suspending the teacher.
“Suspension from work must be reasonable to meet constitutional requirement of due process of law. It will be reasonable if it is based on just or authorized causes enumerated in the Labor Code. The employee must also be given notice and the opportunity to be heard before judgment is rendered,” court ruling read.
Due to this, high court ordered school and its officials to pay jointly and solidarily pay the teacher her back wages and 13th-month pay along with other benefits and attorneys fees.
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