For Your Data Jose S. Santos V. Nlrc Et Al. Illustration Brief Summary
February 01, 2019
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Jose S. Santos v. NLRC et al. illustration brief summary
G.R. No. 115795, March 6, 1998
FACTS: Petitioner is a married homo as well as is employed equally a instructor past times individual respondent Hagonoy Institute Inc. from June 1980 until his dismissal on June 1, 1991. Petitioner as well as Mrs. Arlene T. Martin, equally good a instructor employed at Hagonoy Institute, savage inward dear as well as had an affair. Private respondent, upon hearing of circulating rumors alongside faculty as well as schoolhouse officials, of the illicit human relationship of petitioner as well as Mrs. Martin, advised the latter to accept a learn out of absence, Mrs. Martin ignored such notice as well as was henceforth prevented from entering the campus of individual respondent, effectively dismissing her from work. Private respondent set-up a commission to investigate the veracity of the rumors, later on ii weeks of investigation, the illicit human relationship of petitioner as well as Mrs. Martin was confirmed. Petitioner was charged administratively for immorality as well as asked to acquaint his side, on May 1991, petitioner was dismissed effective June 1, 1991. Petitioner filed a complaint for illegal dismissal with the NLRC Regional Arbitration Branch No. III, San Fernando, Pampanga as well as petitioner’s complaint was dismissed but awarded fiscal assistance of PHP 13,750. On appeal, the NLRC affirmed the conclusion of the task arbiter.
ISSUE: Can the illicit human relationship betwixt the petitioner as well as Mrs. Martin hold out considered immoral equally to flora a drive for outcome nether Art. 282 of the Labor Code?
RULING: Court reiterates that to flora a valid dismissal, ii requisites must concur: (a) it must hold out for whatsoever offense expressed inward Art. 282 of the Labor Code, (b) employee must hold out accorded due process, that is, the chance to hold out heard as well as to defend oneself. Art. 282 of the Labor Code lists the next but causes to terminate an employee: (1) serious misconduct or willful disobedience past times employee of lawful orders of the employer or his representative inward connective with his work, (2) gross as well as habitual fail past times employee of his duties; (3) fraud or willful breach, (4) commission of law-breaking or offense of the soul of his employer or his theater unit of measurement or his authorized representative, (5) other courses analogous to the foregoing.
In addition, Section 94, Manual of Regulations for Private Schools, paragraph E, lists “disgraceful or immoral conduct” equally soil for termination. Furthermore, the Court ruled that Art. 68 of the Family Code enjoins the hubby as well as married adult woman to alive together, discovery usual love, honour as well as fidelity, as well as homecoming usual aid as well as support.” As a teacher, i stands in loco parentis to his students as well as must hence act with a high measure of integrity as well as honesty. It is settled hence that a instructor who engages inward extra marital affairs, when both are married, amounts to gross immorality justifying outcome from employment.
Petition is dismissed, NLRC conclusion is affirmed with modification, deleting fiscal assistance.