“The [Supreme] Court has previously ruled… that premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct”
“In the eyes of the law, there is a standard of morality that binds all those who come before it, which is public and secular, not religious. It is important to make this distinction as the [Supreme] Court’s jurisdiction extends only to public and secular morality” (Bohol Wisdom School, et al. v. Mabao, G.R. 252124, July 23, 2024).
“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” (ibid.)
In the case of Bohol Wisdom School, et al. v. Mabao, Miraflor Mabao (Mabao) “was suspended for engaging in premarital sexual relations, resulting in being pregnant out of wedlock.” “Mabao was a former [grade school] teacher at BWS [who] started working… on June 7, 2007…”
“Sometime in the afternoon of Sept. 21, 2016, Mabao approached… the grade school principal of BWS… to discuss the matter of her pregnancy… The father of Mabao’s baby was her boyfriend, Ian Usaraga.”
A few days kater, “Mabao was summoned to the conference room of BWS where Deloso (the head of the Administrative Team) verbally suspended [her], telling her not to report to her classes starting the next day until she could present documents showing she was already married to her boyfriend.”
“On Oct. 5, 2016, Mabao filed a complaint before the National Labor Relations Commission for illegal suspension, illegal dismissal, proportionate 13th month pay, service incentive leave pay, rice allowance, separation pay, damages, attorney’s fees, and issuance of a Certificate of Employment.”
BWS and the school officers presented their own version of facts, alleging “Mabao confessed to [Principal] Sabaricos and Deloso she was pregnant out of wedlock but was in the process of securing a marriage license.”
“Mabao was called to a conference where she admitted her violation, expressed regret, and stated she was about to get married in a few days.”
BWS also said: “so that students will not see Mabao’s situation and raise questions about her pregnancy, it was agreed that Mabao would be suspended from work until she got married.”
After receiving information that Mabao got married, BWS required her to return to work but despite repeated notices failed to do so.
“The [Supreme] Court has previously ruled… that premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct.”
In Leus v. St. Scholastica’s College Westgrove, the Court said while “her indiscretion [resulting in] her pregnancy out of wedlock, is anathema to the doctrines of the Catholic Church… [such] conduct cannot be considered as disgraceful or immoral…” (cited in Bohol Wisdom School, et al. v. Mabao).
Yet in another case, the Supreme Court declared the couple “were adults who met at work, dated, fell in love and became sweethearts.”
“They took their marriage vows soon after Zaida recovered from her miscarriage, thus validating their union in the eyes of both men and God” (Inocente v. St. Vincent Foundation for Children and Aging cited in Bohol Wisdom School, et al. v. Mabao).
“All these circumstances show the sincerity and honesty of their relationship… They also show their genuine regard and love for one another — a natural human emotion that is neither shameless, callous, nor offensive to the opinion of the upright and respectable members of the secular community” (Inocente v. St. Vincent Foundation for Children and Aging cited in Bohol Wisdom School, et al. v. Mabao).
“Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent [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” (ibid.)
The Supreme Court found “that [Mabao’s] act of engaging in premarital sexual relations with her boyfriend and eventually getting pregnant, is not disgraceful or immoral within the contemplation of the law.”
Hence, her “suspension on the ground of engaging in premarital sexual relations resulting in pregnancy out of wedlock is therefore illegal” (ibid.)
“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. The employee must also be given notice and the opportunity to be heard before judgment is rendered” (ibid.)
In fact, “per the Minutes of the Administrative Team Meeting held… prior to including [Mabao] in the meeting…, the Administrative Team already decided that [she] will be suspended… until she is legally married to her partner.”
Evidently, BWS “already decided [Mabao’s] disciplinary sanction before hearing her side” which violated the latter’s procedural right to due process (ibid.)