SC: Unmarried Teacher’s Pregnancy No Grounds For Suspension

By Joseph Bernard A. Marzan

The Supreme Court has ruled that a Christian school cannot suspend a female teacher simply because she became pregnant before marriage.

In a decision dated July 23, 2024, penned by Associate Justice Ricardo Rosario and uploaded Monday, Dec. 16, the high court declared the suspension of Miraflor Mabao by Bohol Wisdom School (BWS) as illegal.

The Court emphasized that while BWS is a religious school, the standard of morality under Philippine law is public and secular, not religious.

Citing previous rulings, including Leus vs. St. Scholastica’s College Westgrove and Inocente vs. St. Vincent Foundation for Children and Aging, Inc., the Court reiterated that premarital sexual relations are not considered immoral under the law.

“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,” the decision stated.

The Court added, “Sexual intercourse between two adults who have no legal impediment to marry, like [Mabao] 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.”

While the Supreme Court sided with Mabao and declared her suspension illegal, it noted that she had expressed her intention to no longer work for the school.

This was evidenced by her letter dated Nov. 9, 2016, responding to a Return-to-Work notice from BWS, which she had received on Oct. 24, 2016.

Because of her expressed intention to leave, the Court modified earlier rulings by the National Labor Relations Commission (NLRC) and the Court of Appeals, which both sided with Mabao.

The modification limited her back wages to the period between Sept. 22 and Oct. 7, 2016, with additional compensation such as her 13th-month pay, rice allowance, laundry allowance, midyear bonus, and vacation and sick leave benefits also capped as of Nov. 9, 2016.

“[Mabao] clearly manifested her desire to end her employment in her letter dated Nov. 9, 2016, where she unequivocally stated that she ‘could no longer go back to work for the school.’

“The letter is respondent’s overt act manifesting her clear intention to sever employment with petitioners,” the decision read.

Mabao was verbally suspended by Raul Deloso, head of BWS’ administrative team, on Sept. 22, 2016, after she disclosed her pregnancy to grade school principal Melinda Sabaricos on Sept. 21.

On Sept. 27, 2016, she was made to sign a disciplinary form and a letter detailing her indefinite suspension without pay.

She filed a complaint with the NLRC on Oct. 5, 2016, the same day she married her boyfriend.