By Gabriel Kim Leal
(December 16, 2024) – The Supreme Court has reiterated that an individual cannot be suspended from work for being pregnant outside of marriage.
In an 18-page decision promulgated last July but made public only on Monday, the Supreme Court First Division upheld that the suspension of teacher Miraflor Mabao by Bohol Wisdom School (BWS) was illegal since it violated her right to security of tenure.
The decision maintained that premarital sex resulting in pregnancy is not “immoral” and should not be a ground for suspension.
“Sexual intercourse between two consenting adults who have no legal impediment to marry, like the respondent 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,” said the ruling penned by Associate Justice Ricardo Rosario.
Mabao, a grade school teacher at BWS, a Christian school, was two months pregnant when she was suspended indefinitely without pay in 2016 due to “immorality.” The principal, Raul Deloso, informed Mabao that she would remain suspended until she married the father of her child.
Mabao filed a complaint for illegal suspension. A labor arbiter ruled that she was constructively dismissed, but the National Labor Relations Commission reversed the decision.
The Court of Appeals (CA) later ruled that while there was no constructive dismissal, Mabao’s suspension was illegal.
The Supreme Court affirmed the CA’s ruling. It held that Mabao’s suspension was not a disciplinary action for violating labor laws or contractual obligations, which would have justified such a sanction.
The high court ordered BWS to pay Mabao back wages and benefits during her suspension.
“Suspension from work must be reasonable to meet the constitutional requirement of due process of law. It will be reasonable if it is based on just or authorized causes enumerated in the Labor Code,” added the decision.
(PM)
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