Professional Documents
Culture Documents
Leus V St. Scholastica's College PDF
Leus V St. Scholastica's College PDF
Leus V St. Scholastica's College PDF
380
VOL. 748, JANUARY 28, 2015 379
Leus vs. St. Scholastica's College Westgrove
380 SUPREME COURT REPORTS ANNOTATED
Leus vs. St. Scholastica's College Westgrove
rules and regulations to implement the provisions of BP 232.
Concomitantly, Section 57 specifically empowers the Department
of Education to promulgate rules and regulations necessary for
nancy out of wedlock, without more, is not enough to
characterize the petitioner’s conduct as disgraceful or immoral. morals would require conformity to what some might
There must be substantial evidence to establish that premarital regard as religious programs or agenda. The nonbelievers
sexual relations and, consequently, pregnancy out of wedlock, are would therefore be compelled to conform to a standard of conduct
indeed considered disgraceful or immoral. buttressed by a religious belief, i.e., to a “compelled religion,”
anathema to religious freedom. Likewise, if government based its
Same; Same; Same; The determination of whether a conduct
actions upon religious beliefs, it would tacitly approve or endorse
is disgraceful or immoral involves a two (2)-step process: first, a
that belief and thereby also tacitly disapprove contrary religious
consideration of the totality of the circumstances surrounding the
or nonreligious views that would not support the policy. As a
conduct; and second, an assessment of the said circumstances vis-
result, government will not provide full religious freedom for all
à-vis the prevailing norms of conduct, i.e., what the society
its citizens, or even make it appear that those whose beliefs are
generally considers moral and respectable.—The determination of
disapproved are second-class citizens. Expansive religious
whether a conduct is disgraceful or immoral involves a two-step
freedom therefore requires that government be neutral in matters
process: first, a consideration of the totality of the circumstances
of religion; governmental reliance upon religious justification is
surrounding the conduct; and second, an assessment of the said
inconsistent with this policy of neutrality. In other words,
circumstances vis-à-vis the prevailing norms of conduct, i.e., what
government action, including its proscription of
the society generally considers moral and respectable. That the
immorality as expressed in criminal law like concubinage,
petitioner was employed by a Catholic educational institution per
must have a secular purpose. That is, the government
se does not absolutely determine whether her pregnancy out of
proscribes this conduct because it is “detrimental (or
wedlock is disgraceful or immoral. There is still a necessity to
dangerous) to those conditions upon which depend the
determine whether the petitioner’s pregnancy out of wedlock is
existence and progress of human society” and not because
considered disgraceful or immoral in accordance with the
the conduct is proscribed by the beliefs of one religion or
prevailing norms of conduct.
the other. Although admittedly, moral judgments based on
Same; Same; Same; That the distinction between public and religion might have a compelling influence on those engaged in
secular morality and religious morality is important because the public deliberations over what actions would be considered a
jurisdiction of the Court extends only to public and secular moral disapprobation punishable by law. After all, they might
morality.—In Estrada v. Escritor, 408 SCRA 1 (2003), an also be adherents of a religion and thus have religious opinions
administrative case against a court interpreter charged with and moral codes with a compelling influence on them; the human
disgraceful and immoral conduct, the Court stressed that in mind endeavors to regulate the temporal and spiritual
determining whether a particular conduct can be considered as institutions of society in a uniform manner, harmonizing earth
disgraceful and immoral, the distinction between public and with heaven. Succinctly put, a law could be religious or
secular morality on the one hand, and religious morality, on the Kantian or Aquinian or utilitarian in its deepest roots, but
other, should be kept in mind. That the distinction between public it must have an articulable and discernible secular
and secular morality and religious morality is important because purpose and justification to pass scrutiny of the religion
the jurisdiction of the Court extends only to public and secular clauses.
morality. The Court further explained that: The morality
Same; Same; Same; The proscription against “disgraceful or
referred to in the law is public and necessarily secular, not
immoral conduct” under Section 94(e) of the 1992 Manual of
religious x x x. “Religious teachings as expressed in public
Regulations for Private Schools (MRPS), which is made as a cause
debate may influence the civil public order but public moral
for dismissal, must necessarily refer to public and secular
disputes may be resolved only on grounds articulable in secular
morality.—It bears stressing that the right of an employee to
terms.” Otherwise, if government relies upon religious
security of tenure is protected by the Constitution. Perfunctorily,
beliefs in formulating public policies and morals, the
a regular employee may not be dismissed unless for cause
resulting policies and
provided under the Labor Code and other relevant laws, in this
381 case, the 1992 MRPS. As stated above, when the law refers to
morality, it necessarily pertains to
Same; Same; Burden of Proof; Settled is the rule that in Same; Illegal Dismissals; Reinstatement; Separation Pay;
termination cases, the burden of proving that the dismissal of the Strained Relations; In cases of illegal dismissal, the accepted
employees was for a valid and authorized cause rests on the doctrine is that separation pay is available in lieu of reinstatement
employer.—Settled is the rule that in termination cases, the when the latter recourse is no longer practical or in the best
burden of proving that the dismissal of the employees was for a interest of the parties.—Having established that the petitioner
valid and authorized cause rests on the employer. It is incumbent was illegally dismissed, the Court now determines the reliefs that
upon the employer to show by substantial evidence that the she is entitled to and their extent. Under the law and prevailing
termination of the employment of the employees was validly made jurisprudence, “an illegally dismissed employee is entitled to
and failure to discharge that duty would mean that the dismissal reinstatement as a matter of right.” Aside from the instances
is not justified and therefore illegal. “Substantial evidence is more provided under Articles 283 and 284 of the Labor Code,
than a mere scintilla of evidence. It means such relevant evidence separation pay is, however, granted when reinstatement is no
as a reasonable mind longer feasible because of strained relations between the employer
and the employee. In cases of illegal dismissal, the accepted convincing evidence showing that the respondents acted in bad
doctrine is that separation pay is available in lieu of faith or in a wanton or fraudulent manner in dismissing the
petitioner. That the petitioner was ille-
384
385
387
386 SUPREME COURT REPORTS ANNOTATED
Leus vs. St. Scholastica's College Westgrove VOL. 748, JANUARY 28, 2015 387
Leus vs. St. Scholastica's College Westgrove
dated March 2, 2009 issued by the Court of Appeals (CA)
in C.A.-G.R. S.P. No. 100188, which affirmed the
conduct and, thus, a ground for dismissal. Further, the
Resolutions dated February 28, 20073 and May 21, 20074 of
petitioner requested a copy of SSCW’s policy and guidelines
the National Labor Relations Commission (NLRC) in
so that she may better respond to the charge against her.
NLRC CA No. 049222-06.
On June 2, 2003, Sr. Quiambao informed the petitioner
that, pending the promulgation of a “Support Staff
Handbook,” SSCW follows the 1992 Manual of Regulations
The Facts
for Private Schools (1992 MRPS) on the causes for
termination of employments; that Section 94(e) of the 1992
SSCW is a catholic and sectarian educational institution
MRPS cites “disgraceful or immoral conduct” as a ground
in Silang, Cavite. In May 2001, SSCW hired the petitioner
for dismissal in addition to the just causes for termination
as an Assistant to SSCW’s Director of the Lay Apostolate
of employment provided under Article 282 of the Labor
and Community Outreach Directorate.
Code.8
Sometime in 2003, the petitioner and her boyfriend
On June 4, 2003, the petitioner, through counsel, sent
conceived a child out of wedlock. When SSCW learned of
Sr. Quiambao a letter,9 which, in part, reads:
the petitioner’s pregnancy, Sr. Edna Quiambao (Sr.
Quiambao), SSCW’s Directress, advised her to file a To us, premarital sex between two consenting adults without
resignation letter effective June 1, 2003. In response, the legal impediment to marry each other who later on married each
petitioner informed Sr. Quiambao that she would not other does not fall within the contemplation of “disgraceful or
resign from her employment just because she got pregnant immoral conduct” and “serious misconduct” of the Manual of
without the benefit of marriage.5 Regulations for Private Schools and the Labor Code of the
On May 28, 2003, Sr. Quiambao formally directed the Philippines.
petitioner to explain in writing why she should not be Your argument that what happened to our client would set a
dismissed for engaging in premarital sexual relations and bad example to the students and other employees of your school is
getting pregnant as a result thereof, which amounts to speculative and is more imaginary than real. To dismiss her on
serious misconduct and conduct unbecoming of an that sole ground constitutes grave abuse of management
employee of a Catholic school.6 prerogatives.
In a letter7 dated May 31, 2003, the petitioner explained Considering her untarnished service for two years, dismissing
that her pregnancy out of wedlock does not amount to her with her present condition would also mean depriving her to
serious misconduct or conduct unbecoming of an employee. be more secure in terms of financial capacity to sustain maternal
She averred that she is unaware of any school policy needs.10
stating that being pregnant out of wedlock is considered as
a serious mis-
In a letter11 dated June 6, 2003, SSCW, through counsel,
_______________ maintained that premarital sexual relations, even if
between
_______________ _______________
milieu she was in. Respondent school for young ladies precisely
394
seeks to prevent its students from situations like this, inculcating
in them strict moral
394 SUPREME COURT REPORTS ANNOTATED
_______________ Leus vs. St. Scholastica's College Westgrove
24 Id., at p. 153.
First Issue: Applicability of the 1992 MRPS
393
The petitioner contends that the CA, in ruling that there
was a valid ground to dismiss her, erred in applying
VOL. 748, JANUARY 28, 2015 393 Section 94 of the 1992 MRPS. Essentially, she claims that
Leus vs. St. Scholastica's College Westgrove the 1992 MRPS was issued by the Secretary of Education
as the revised implementing rules and regulations of Batas The qualifications of teaching and nonteaching
Pambansa Bilang 232 (BP 232) or the “Education Act of personnel of private schools, as well as the causes for the
1982.” That there is no provision in BP 232, which provides termination of their employment, are an integral aspect of
for the grounds for the termination of employment of the educational system of private schools. Indubitably,
teaching and nonteaching personnel of private schools. ensuring that the teaching and nonteaching personnel of
Thus, Section 94 of the 1992 MRPS, which provides for the private schools are not only qualified, but competent and
causes of terminating an employment, is invalid as it efficient as well goes hand in hand with the declared
“widened the scope and coverage” of BP 232. objective of BP 232 — establishing and maintaining
The Court does not agree. relevant quality education.31 It is thus within the authority
The Court notes that the argument against the validity of the Secretary of Education to issue a rule, which
of the 1992 MRPS, specifically Section 94 thereof, is raised provides for the dismissal of teaching and nonteaching
by the petitioner for the first time in the instant petition personnel of private schools based on their incompetence,
for review. Nowhere in the proceedings before the LA, the inefficiency, or some other disqualification.
NLRC or the CA did the petitioner assail the validity of the Moreover, Section 69 of BP 232 specifically authorizes
provisions of the 1992 MRPS. the Secretary of Education to “prescribe and impose such
“It is well-established that issues raised for the first administrative sanction as he may deem reasonable and
time on appeal and not raised in the proceedings in the appropriate
lower court are barred by estoppel. Points of law, theories,
issues, and arguments not brought to the attention of the _______________
trial court ought not to be considered by a reviewing court,
as these cannot be raised for the first time on appeal. To 29 Sec. 70. Rule-making Authority.—The Minister Education,
consider the alleged facts and arguments belatedly raised Culture and Sports charged with the administration and enforcement of
would amount to trampling on the basic principles of fair this Act, shall promulgate the necessary implementing rules and
play, justice, and due process.”28 regulations.
In any case, even if the Court were to disregard the 30 Sec. 57. Functions and Powers of the Ministry.—The Ministry
petitioner’s belated claim of the invalidity of the 1992 shall:
MRPS, the Court still finds the same untenable. x x x x
3. Promulgate rules and regulations necessary for the
395 396
VOL. 748, JANUARY 28, 2015 395 396 SUPREME COURT REPORTS ANNOTATED
Leus vs. St. Scholastica's College Westgrove Leus vs. St. Scholastica's College Westgrove
The 1992 MRPS, the regulation in force at the time of in the implementing rules and regulations” for the
the instant controversy, was issued by the Secretary of “[g]ross inefficiency of the teaching or nonteaching
Education pursuant to BP 232. Section 7029 of BP 232 vests personnel” of private schools.32 Accordingly, contrary to the
the Secretary of Education with the authority to issue rules petitioner’s claim, the Court sees no reason to invalidate
and regulations to implement the provisions of BP 232. the provisions of the 1992 MRPS, specifically Section 94
Concomitantly, Section 5730 specifically empowers the thereof.
Department of Education to promulgate rules and
regulations necessary for the administration, supervision Second Issue: Validity of the Petitioner’s Dismissal
and regulation of the educational system in accordance
with the declared policy of BP 232.
The validity of the petitioner’s dismissal hinges on the The phrase “grave abuse of discretion” is well-defined in
determination of whether pregnancy out of wedlock by an the Court’s jurisprudence. It exists where an act of a court
employee of a catholic educational institution is a cause for or tribunal is performed with a capricious or whimsical
the termination of her employment. exercise of judgment equivalent to lack of jurisdiction.34
In resolving the foregoing question, the Court will assess The determination of the presence or absence of grave
the matter from a strictly neutral and secular point of view abuse of discretion does not include an inquiry into the
— the relationship between SSCW as employer and the correctness of the evaluation of evidence, which was the
petitioner as an employee, the causes provided for by law in basis of the labor agency in reaching its conclusion.35
the termination of such relationship, and the evidence on Nevertheless, while a certiorari proceeding does not
record. The ground cited for the petitioner’s dismissal, i.e., strictly include an inquiry as to the correctness of the
premarital sexual relations and, consequently, pregnancy evaluation of evidence (that was the basis of the labor
out of wedlock, will be assessed as to whether the same tribunals in determining their conclusion), the
constitutes a valid ground for dismissal pursuant to Section incorrectness of its evidentiary evaluation should not result
94(e) of the 1992 MRPS. in negating the requirement of substantial evidence.
Indeed, when there is a showing that the findings or
The standard of review in a Rule 45 petition from the conclusions, drawn from the same pieces of
CA decision in labor cases. evidence, were arrived at arbitrarily or in disregard
of the evidence on record, they may be reviewed by
In a petition for review under Rule 45 of the Rules of the courts. In particular, the CA can grant the petition for
Court, such as the instant petition, where the CA’s certiorari if it finds that the NLRC, in its assailed decision
disposition in a or resolution, made a factual finding not supported by
substantial evidence. A decision that is not supported by
_______________
_______________
32 Sec. 69. Administrative Sanction.—The Minister of Education,
Culture and Sports may prescribe and impose such administrative 33 Montoya v. Transmed Manila Corp., 613 Phil. 696, 707; 597 SCRA
sanction as he may deem reasonable and appropriate in the implementing 334, 343 (2009).
rules and regulations promulgated pursuant to this Act for any of the 34 Jinalinan Technical School, Inc. v. NLRC (Fourth Div.), 530 Phil.
following causes: 77, 82; 498 SCRA 319, 323-324 (2006).
x x x x 35 See G&S Transport Corporation v. Infante, 559 Phil. 701, 709; 533
2. Gross inefficiency of the teaching or nonteaching personnel; SCRA 288, 297 (2007).
x x x x
398
397
finds that SSCW failed to adduce substantial evidence to 486, 497 (2007).
prove that the petitioner’s indiscretion indeed caused grave 51 Marcelo v. Bungubung, 575 Phil. 538, 556; 552 SCRA 589, 608
(2008), citing Montemayor v. Bundalian, 453 Phil. 158, 167; 405 SCRA
264, 271 (2003).
_______________
409
48 Rollo, p. 107.
49 Id., at pp. 129-130.
VOL. 748, JANUARY 28, 2015 409
408
Leus vs. St. Scholastica's College Westgrove
412
VOL. 748, JANUARY 28, 2015 413
Leus vs. St. Scholastica's College Westgrove
412 SUPREME COURT REPORTS ANNOTATED
Leus vs. St. Scholastica's College Westgrove ner contrary to good morals, good customs or public
policy. Exemplary damages may be awarded if the
In Divine Word High School v. NLRC,58 the Court dismissal is effected in a wanton, oppressive or malevolent
ordered the employer Catholic school to pay the illegally manner.”61
dismissed high school teacher separation pay in lieu of “Bad faith, under the law, does not simply connote bad
actual reinstatement since her continued presence as a judgment or negligence. It imports a dishonest purpose or
teacher in the school “may well be met with antipathy and some moral obliquity and conscious doing of a wrong, or a
antagonism by some sectors in the school community.”59 breach of a known duty through some motive or interest or
In view of the particular circumstances of this case, it ill will that partakes of the nature of fraud.”62
would be more prudent to direct SSCW to pay the “It must be noted that the burden of proving bad faith
petitioner separation pay in lieu of actual reinstatement. rests on the one alleging it”63 since basic is the principle
The continued employment of the petitioner with SSCW that good faith is presumed and he who alleges bad faith
would only serve to intensify the atmosphere of antipathy has the duty to prove the same.64 “Allegations of bad faith
and antagonism between the parties. Consequently, the and fraud must be proved by clear and convincing
Court awards separation pay to the petitioner equivalent to evidence.”65
one (1) month pay for every year of service, with a fraction The records of this case are bereft of any clear and
of at least six (6) months considered as one (1) whole year, convincing evidence showing that the respondents acted in
from the time of her illegal dismissal up to the finality of bad faith or in a wanton or fraudulent manner in
this judgment, as an alternative to reinstatement. dismissing the petitioner. That the petitioner was illegally
dismissed is insufficient to prove bad faith. A dismissal
may be contrary to law but by itself alone, it does not finality of this Decision; (b) full backwages from the time of
establish bad faith to entitle the dismissed employee to her illegal dismissal up to the finality of this Decision; and
moral damages. The award of moral and exemplary (c) attorney’s
damages cannot be justified solely upon the premise that
the employer dismissed his employee without cause.66 _______________