ESPINA, ELVIE P.

1-JDC
CHUA- QUA

vs CLAVE, G.R. NO. L49549 AUGUST 30, 1990

FACTS:
-This case stemmed from High School Teacher and His Student fell in love
with each other, eventually got married and with that circumstance, it
resulted to the dismissal from work of the teacher.
-Evelyn Chua-Qua was a teacher in Tay Tung High School in Bacolod City
since 1963. In 1976, petitioner was Grade VI class adviser where Bobby, 16
years old, was enrolled. Petitioner was giving remedial lessons to Bobby Qua
as per policy of school when petitioner and Bobby Qua became very close.
On December 24, 1975, they were married in a civil ceremony in Iloilo City.
Petitioner was then 30 years old Bobby, only 16 years old, received the
consent and advise of the latters mother, Mrs. Concepcion Ong. Evelyn and
Bobby were married in a church wedding on January 10, 1976.
-On February 4,1976, Tay Tung High School filed with the Department of
Labor in Bacolod City an application for clearance to terminate petitioners
employment on the ground of Abusive and unethical conduct unbecoming a
dignified school teacher. Petitioner was suspended without pay. Labor
arbiter, without conducting any formal hearing, ruled in favor of Tay Tung
High school. Petitioner appealed to NLRC claiming denial of due process for
not receiving affidavits relied by labor arbiter.
-On December 27, 1976, NLRC reversed the labor arbiters decision.
ISSUE:
WON petitioner committed an immoral act as a teacher warranting dismissal
from work.
HELD:
-NO, petitioner was never proved to have nor taken advantage or abused or
committed immoral acts with any student at any circumstance. The
petitioners dismissal was based solely on her marriage to Bobby Qua and
the imputed charges of abuse, immorality and unethical conduct were
unsubstantiated, hence unwarranted and illegal!
-Petition for Certiorari granted, private respondent is ordered do pay
petitioners back wages equivalent to three years without deduction and
separation pay of one month for every year of service.
-Supreme Court added, if the two eventually fell in love, despite the
disparity in their ages and academic levels, this only leads
substance to the truism that the heart has reason of its own which
reason does not know.
-Finding that there was no substantial evidence of the imputed immoral acts,
it follows that the alleged violation of Code of Ethics governing school
teachers would have no basis. Private respondent failed to show that the

petitioner took advantage of her position to court her student. The deviation
of the circumstances of their marriage from the usual societal pattern cannot
be considered as defiance of contemporary social mores.