SC says pregnancy out of wedlock not ground for dismissal
THE Supreme Court (SC) ruled that schools cannot suspend or dismiss unmarried teachers for becoming pregnant, citing such actions as discriminatory and a violation of constitutional rights to privacy.
The high court’s first division, in a ruling penned by Justice Ricardo R. Rosario, emphasized that pregnancy outside marriage does not constitute immorality and should not be grounds for dismissal.
“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 religious program or agenda,” the 17-page ruling, promulgated on July 23, read. The ruling was publicized on Dec. 16.
The top court ordered the school to pay compensation for lost wages and damages.
The case stemmed from a private school that suspended a teacher after she disclosed her pregnancy during the academic year.
The Christian school’s principal verbally suspended her, informing her that she would remain suspended until she married the father of the child she was carrying.
After a few days, the teacher received a written notice saying she was suspended indefinitely without pay due to the immorality of her situation.
The teacher filed a complaint for illegal suspension, arguing she was constructively dismissed. While the Labor Arbiter initially ruled in her favor, finding constructive dismissal, the National Labor Relations Commission (NLRC) overturned the decision.
The appellate court later ruled there was no constructive dismissal but determined that the teacher’s suspension was unlawful.
The top court affirmed the Court of Appeals’ ruling that the teacher’s suspension was illegal. It held that consensual sexual relations between two adults without any legal impediment to marry do not constitute immorality. — Chloe Mari A. Hufana
