For Your Data Evelyn Chua-Qua V. Hon. Jacobo C. Clave In Addition To Tay Tung High Schoolhouse Representative Brief Summary
February 01, 2019
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Evelyn Chua-Qua v. Hon. Jacobo C. Clave as well as Tay Tung High School
G.R. No. 49549, August 30, 1990
FACTS: Petitioner worked equally a instructor inwards Tay Tung High School inwards Bacolod City since 1963. In 1976, petitioner was a Grade VI cast adviser where i Bobby Qua, sixteen years old, was enrolled. Petitioner was giving remedial lessons to Bobby Qua equally per policy of the schoolhouse when petitioner as well as Bobby became rattling close. On Dec 24, 1975, they were married inwards a civil ceremony inwards Iloilo City, petitioner was as well as then thirty years old. Bobby, precisely sixteen years old, received the consent as well as advice of the latter’s mother, Mrs. Concepcion Ong. Evelyn as well as Bobby were married inwards a church building marriage ceremony on Jan 10, 1976.
On Feb 4, 1976, Tay Tung High School filed amongst the Department of Labor inwards Bacolod City an application for clearance to terminate petitioner’s job on the soil of “abusive as well as unethical comport unbecoming of a dignified schoolhouse teacher….” Petitioner was suspended without pay on March 12, 1976. Labor Arbiter Jose Aguirre, without conducting whatsoever formal hearing, awarded inwards favor of Tay Tung High School. Petitioner appealed to the NLRC claiming denial of due procedure for non receiving copies of affidavits relied past times task arbiter. On Dec 27, 1976, NLRC reversed the task arbiter’s decision. This was inwards plough reversed past times the Minister of Labor, but awarding six months salary to petitioner equally fiscal assistance. Petitioner appealed to the Office of the President of the Philippines, as well as through Executive Assistant Jacobo C. Clave, reversed the determination of the Minister of Labor as well as ordered petitioner to hold out reinstated. Public respondent reversed his before determination notwithstanding as well as supported petitioner’s dismissal from work.
ISSUE: Did petitioner commit an immoral deed equally a instructor warranting dismissal from work?
RULING: No, petitioner was never proved to produce got abused nor taken advantage, or abused or committed immoral acts amongst whatsoever pupil inwards whatsoever circumstance. The petitioner’s dismissal was based precisely on her matrimony to Bobby Qua as well as the imputed charges of abuse, immorality as well as unethical comport were unsubstantiated, thence unwarranted as well as illegal.
Petition for certiorari granted, person respondent is ordered to pay petitioner dorsum payoff equivalent to iii years without deduction as well as separation pay of i calendar month for every yr of service.