The Supreme Court (SC) reiterated that premarital sexual relations leading to pregnancy are not immoral and do not justify suspending an employee.
In a decision handed by Associate Justice Ricardo R. Rosario, the SC’s First Division ruled that Bohol Wisdom School’s (BWS) suspension of Miraflor Mabao (Mabao) for her pregnancy outside marriage was illegal.
Mabao was a grade school teacher at BWS, a Christian school. When she was two months pregnant, the school principal, Raul Deloso, verbally suspended her. Deloso informed Mabao that she would remain suspended until she married the father of the child she was carrying.
Five days later, Mabao received a written notice stating that she was suspended indefinitely without pay due to immorality until she married her boyfriend.
Mabao filed a complaint for illegal suspension. The Labor Arbiter held that she was constructively dismissed, but the National Labor Relations Commission reversed this decision.
While the Court of Appeals (CA) ruled that there was no constructive dismissal, it found Mabao’s suspension illegal.
The SC affirmed the CA’s finding of illegal suspension. It held that sexual relations between two unmarried, consenting adults are not considered immoral. No law prohibits this, nor does it go against any fundamental state policy found in the Constitution.
The SC clarified that under the law, the standard of morality applicable to all is public and secular, not religious.
Public and secular morality refers to conduct that is prohibited due to its harmful effects on human society rather than being based on religious beliefs.
The SC held that if the government were to otherwise base public policies and morals on religious beliefs, this would require everyone to conform to a religious program or agenda.
As Mabao’s pregnancy cannot be considered immoral, it was not a valid ground for her suspension.
The SC ordered BWS to pay Mabao backwages and benefits due her during the period she was suspended. (Supreme Court Public Information Office)
