ESTRADA VS.

ESCRITOR
A.M No. P- 02- 1651 August 4, 2003 and June 22, 2006
July 27, 2000, Estrada wrote a letter-complaint to Judge Jose F. Caoibes Jr. requesting for an
investigation of rumors that respondent Escritor is living with a man not her husband and with whom she
allegedly have a child of 18 to 20 yrs. Old
FACTS:
This prompted him to write to the mentioned Judge as he believed that employees of the judiciary should
be respectable and Escritors live-in arrangement did not command respect
Judge Caoibes Jr. referred the letter to Escritor denied the allegations and challenge Estrada to appear in
open, consequently, her motion was denied
FACTS: Estrada vs. Escritor
Escritor testified that when she entered the judiciary in 1999, she was already a widow, her husband
having died in 1998
She admitted that she has been living with Luciano Quilapio, Jr. without the benefit of arriage for 20
years and that they have a son
Declaration of Pledging Faithfulness
I, Soledad S. Escritor, do hereby declare that I have accepted Luciano D. Quilapio, Jr., as my mate
in marital relationship; that I have done all within my ability to obtain legal recognition of this relationship
by the proper public authorities and that it is because of having been unable to do so that I therefore
make this public declaration pledging faithfulness in this marital relationship.
I recognize this relationship as a binding tie before Jehovah God and before all persons to be held
to and honored in full accord with the principles of Gods Word. I will continue to seek the means to
obtain legal recognition of this relationship by the civil authorities and if at any future time a change in
circumstances make this possible, I promise to legalize this union.
Signed this 28th day of July 1991
FACTS: Estrada vs. Escritor
Quilapio (Escitors partner) executed a similar pledge on the same day
Executed in Atimonan, Quezon and signed by 3 witnesses
At the time of execution, Escritors husband was still alive but living with another woman
Quilapio was likewise married at that time, but had been separated in fact from his wife
Whether or not respondent should be found guilty of the administrative charge of gross and immoral
conduct
Sub-issue:
Whether or not respondents right to religious freedom should carve out an exception from the prevailing
jurisprudence on illicit relations for which government employees are held administratively liable
Respondent is charged with committing "gross and immoral conduct" under Book V, Title I, Chapter VI,
Sec. 46(b)(5) of the Revised Administrative Code which provides, viz:
APPLICABLE LAW
Respondent invokes religious freedom under Article III, Section 5 of the Constitution, which provides, viz:
FREE EXERCISE CLAUSE and ESTABLISHMENT CLAUSE
Aglipay vs. Ruiz
Establishment Clause, defined "religion" as a "profession of faith to an active power that binds and
elevates man to his Creator."
Gerona vs. Secretary of Education
Interpreting the free exercise clause, the realm of belief poses no difficulty. The realm of belief and
creed is infinite and limitless bounded only by ones imagination and thought. So is the freedom of belief,
including religious belief, limitless and without bounds.
American Bible Society vs. City of Manila
The constitutional guaranty of the free exercise and enjoyment of religious profession and worship
carries with it the right to disseminate religious information. Any restraint of such right can only be
justified like other restraints of freedom of expression on the grounds that there is a clear and present
danger of any substantive evil which the State has the right to prevent.
Religious speech; Right to disseminate religious information
FREE EXERCISE CLAUSE and ESTABLISHMENT CLAUSE
Tolentino vs. Sec. of Finance
Tax imposed on sale of religious materials

Court noted that the burden on religious freedom caused by the tax was just similar to any other
economic imposition that might make the right to disseminate religious doctrines costly
Victoriano vs. Elizalde Rope Workers Union
Religious freedom, although not unlimited, is a fundamental personal right and liberty and
has a preferred position in the hierarchy of values. Contractual rights, therefore, must yield to freedom of
religion. It is only where unavoidably necessary to prevent an immediate and grave danger to the security
and welfare of the community that infringement of religious freedom may be justified, and only to the
smallest extent necessary.
J.B.L Reyes vs. Bagatsing
Freedom of worship in relation to freedom
of expression, speech, and peaceable
assembly
FREE EXERCISE CLAUSE and ESTABLISHMENT CLAUSE
Ebralinag vs. Division Superintendent of Schools
Exemption from the flag ceremony
Forcing a small religious group, through the iron hand of the law, to participate in a ceremony that
violates their religious beliefs, will hardly be conducive to love of country or respect for duly constituted
authorities.
Iglesia ni Cristo vs. Court of Appeals
The holding that religious freedom cannot be invoked to seek exemption from compliance with a
law that burdens ones religious exercise. It also reiterated the "clear and present danger" test in
American Bible Society and the "grave and imminent danger" in Victoriano, but this time clearly justifying
its applicability and showing how the test was applied to the case.
Pamil vs. Teleron
Disqualifying ecclesiastics from
appointment
a novel issue involving the religion clauses. In this case, Section 2175 of the Revised
Administrative Code of 1917 disqualifying ecclesiastics from appointment or election as municipal officer
was challenged.
Fonacier vs. Court of Appeals
The issue therein was the right of control over certain properties of the Philippine Independent
Church, the resolution of which necessitated the determination of who was the legitimate bishop of the
church. The Court then ruled that petitioner Fonacier was legitimately ousted and respondent de los Reyes
was the duly elected head of the Church, based on their internal laws. If the congregation adopts the
majority rule then the majority should prevail; if it adopts adherence to duly constituted authorities within
the congregation, then that should be followed.
The case of Estrada vs. Escritor demonstrated two main standards in deciding religious clause cases:
BENEVOLENT NEUTRALITY
Philippine jurisdiction adopts the BENEVOLENT NEUTRALITY APPROACH
This approach is directed in the protection of religious liberty
not just for the minority and the majority, but for each of us to the greatest extent possible within
flexible constitutional limits
The Supreme Court subjected the claim of religious freedom to
Compelling State Interest Test
whether respondents right to
religious freedom has been
burdened
ascertain respondents sincerity in
her religious belief
HELD: Estrada vs. Escritor
Escritors Conjugal arrangement cannot be penalized as she has made out a case for exemption from the
law based on her fundamental right to freedom of religion
The Court recognizes that state interests must be upheld in order that freedoms (including religious
freedom) may be enjoyed. In the area of religious exercise as a preferred freedom, in the absence of a
showing that such state interest exists, man must be allowed to subscribe to the infinite.
HELD: Estrada vs. Escritor
Both criminal and administrative complaints against Soledad Escritor were DISMISSED.
Application of Natural Law
Interpretative
Using the TWO SCHOOL OF THOUGHTS
Strict and Benevolent Neutrality
Even though this particular situation is not apparently within the words of the statute, it is nonetheless
within its essence and purpose

SILVERIO VS RP
Mely claims to be a Male Transsexual
Anatomically male but feels, thinks and acts as a female.
A man trapped in a womans body
Consulted Doctors in the US and underwent:
Psychological Examination,
Hormone Treatment
Breast Augmentation
Mely became a Woman on January 27, 2001 in Bangkok
Thailand through Sex Reassignment Surgery2
Examined and confirmed by Dr. Marcelino Reysio-Cruz, Jr.,
a Plastic and Reconstruction Surgeon in the Philippines
Medical certificate was issued.
Upon filing of the case, the court;
Initial hearing was published in the Peoples Journal
Tonight a newspaper of general
circulation in Metro Manila, for three consecutive weeks.
Copies of the order were sent to the;
Office of the Solicitor General (OSG)
Civil Registrar of Manila
Witnesses:
Dr. Reysio-Cruz, Jr. Plastic and Reconstructive Surgeon
Richard P. Edel American Fiance
Issue: Whether or not petitioner
is entitled to the relief asked for.
June 4, 2003 RTC favored Petitioner
Not to evade law, only seeks to make his birth records compatible with his present sex.
In consonance with the principles of justice and equity
No harm, injury/prejudice will be caused to anybody or the community
No evidence was presented to deny petition despite due notice and publication.
August 18, 2003, the OSG filed a petition for certiorari
in the Court of Appeals.
Alleged: No law allows the change of entries in the birth
certificate by reason of sex alteration.
Held:
The petition lacks merit on the following grounds:
A Persons First Name Cannot Be Changed On the
Ground of Sex Reassignment
No Law Allows The Change of Entry In The Birth
Certificate As To Sex On the Ground of Sex
Reassignment
Neither May Entries in the Birth Certificate As to First
Name or Sex Be Changed on the Ground of Equity
Name Change On the Ground of Sex Reassignment
RA 9048 (Clerical Error Law) governs name change
Does not sanction a change of first name on the ground of sex reassignment
Rather than avoiding confusion, changing petitioners first name for his declared purpose may only create
grave complications in the civil registry and the public interest
Birth Certificate Entry on Sex Change On the Ground of Sex Reassignment
Articles 407 and 408 of the Civil Code enumerate the changes that can alter the entries in the civil register
Sex change is not included in the list
Change of Entries on the Ground of Equity
Trial Courts granting of the petition
In consonance with the principles of justice and equity
Allowing the petition would cause no harm, injury or prejudice to anyone
This is wrong

Granting Silverios petition will legally turn him female

The petition was but petitioners first step towards his eventual marriage to his male fianc
Essential requisite: legal capacity of the contracting parties who must be a male and a female
Substantially reconfigure and greatly alter the laws on marriage and family relations
There are various laws which apply particularly to women such as the provisions of the Labor Code on
employment of women, certain felonies under the Revised Penal Code and the presumption of survivorship
in case of calamities under Rule 131 of the Rules of Court, among others
Application of Natural Law
Petitioner pleads that "[t]he unfortunates are also entitled to a life of happiness, contentment and [the]
realization of their dreams." The Court recognizes that there are people whose preferences and
orientation do not fit neatly into the commonly recognized parameters of social convention and that, at
least for them, life is indeed an ordeal. However, the remedies petitioner seeks involve questions of public
policy to be addressed solely by the legislature, not by the courts.
Use of Natural Law
The use of Natural Law applied in the case is
IINTERPRETATIVE
The Interpretative Use of Natural Law involves its
utilization as an interpretive alembic or device to
express or put into effect the legislative intention
ANG LALDLAD LGBT PARTY VS COMELEC
G.R NO. 190582, April 8, 2010
Ang Ladlad LGBT Party (Petitioner)
COMELEC (Respondent)
Facts:
Petitioner is a national organization composed of men and women who identify themselves
as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs). Incorporated in 2003, Ang Ladlad
first applied for registration with the COMELEC in 2006 as a party-list organization under Republic Act
7941, otherwise known as the Party-List System Act.
The application for accreditation was denied on the ground that the organization had no
substantial membership base. In 2009, Ang Ladlad again filed a petition for registration with the COMELEC
upon which it was dismissed on moral grounds.
Ang Ladlad sought reconsideration but the COMELEC upheld its First Resolution, stating
that the party-list system is a tool for the realization of aspirations of marginalized individuals whose
interests are also the nations.
Until the time comes when Ladlad is able to justify that having mixed sexual orientations
and transgender identities is beneficial to the nation, its application for accreditation under the party-list
system will remain just that. That the Philippines cannot ignore its more than 500 years of Muslim and
Christian upbringing, such that some moral precepts espoused by said religions have sipped into society
and these are not publicly accepted moral norms.
COMELEC reiterated that petitioner does not have a concrete and genuine national political
agenda to benefit the nation and that the petition was validly dismissed on moral grounds. It also argued
for the first time that the LGBT sector is not among the sectors enumerated by the Constitution and RA
7941. Thus Ladlad filed this petition for Certiorari under Rule 65.
ISSUES:
WON COMELECs denial of accreditation violated the non establishment clause of the
constitution?
WON respondent erred in denying petitioners application based on moral grounds?
WON the Assailed Resolutions contravened the constitutional rights to freedom of speech and
association, and equal protection of laws, of Ang Ladlad?
Held:
Issue # 1.
Article III, Section 5 states that:
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. At
bottom, what our non-establishment clause calls for is government neutrality in religious matters.

Clearly, governmental reliance on religious justification is inconsistent with this policy of

neutrality.
Rather than relying on religious belief, the legitimacy of the Assailed Resolutions should
depend, instead, on whether the COMELEC is able to advance some justification for its rulings beyond
mere conformity to religious doctrine. Otherwise stated, government must act for secular purposes and in
ways that have primarily secular effects.
Issue # 2
COMELEC argued that:
Petitioners accreditation was denied because of the danger it poses to the people especially the youth.It
will bring down the standard of morals we cherish in our civilized society.
The Court ruled:
the Philippines has not seen fit to criminalize homosexual conduct. Evidently, therefore, these generally
accepted public morals have not been convincingly transplanted into the realm of law.
COMELEC failed to explain what societal ills are sought to be prevented, or why special protection is
required for the youth. Neither has the COMELEC justify that petitioners admission into the party-list
system would be so harmful as to irreparably damage the moral fabric of society.
As such, we hold that moral disapproval, without more, is not a sufficient governmental
interest to justify exclusion of homosexuals from participation in the party-list system. The denial of Ang
Ladlads registration on purely moral grounds amounts more to a statement of dislike and disapproval of
homosexuals, rather than a tool to further any substantial public interest.
Issue # 3
Equal Protection Clause
The equal protection clause guarantees that no person or class of persons shall be deprived of the same
protection of laws which is enjoyed by other persons or other classes in the same place and in like
circumstances.
Freedom of speech and assembly
-Freedom of expression applies not only to those that are favorably received but also to those that
offend, shock, or disturb.
The COMELEC is not free to interfere with speech for no better reason than promoting an approved
message or discouraging a disfavored one.
Petitioner has established its qualifications to participate in the party-list system. However,
because of COMELECs action, the petitioner was precluded from publicly expressing its views as a political
party and participating on an equal basis in the political process with other equally-qualified party-list
candidates. We find that there has, indeed, been a transgression of petitioners fundamental rights.
Non-Discrimination and International Law
Article 26 of ICCHR
All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
International Covenant on Civil and Political Rights
Article 21. UDHR
(1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
-Universal Declaration of Human Rights
This Courts role is not to impose its own view of acceptable behavior. Rather, it is to apply the
Constitution and laws as best as it can, uninfluenced by public opinion, and confident in the knowledge
that our democracy is resilient enough to withstand vigorous debate.
WHEREFORE, the Petition is hereby GRANTED. The Commission on Elections is directed
to GRANT petitioners application for party-list accreditation.
Application of Natural Law
Stoics:
All men are equal by divine right since all men are of divine origin.

It is the universal discipline of virtue impressed in the heart and mind of human beings to guide them in
the exercise of their rights.
Justificatory use of natural law to advance and support the rights of LGBT.
Natural law gave powerful support for the Nuremberg concept of crimes against humanity, and for the
Declaration of Human Rights of UNO.
PEOPLE VS. MARIVIC GENOSA
G.R. 135981,
January 15, 2004
An abuser can seem emotionally needy. You can get caught in a trap of catering to him, trying to
fill a bottomless pit. But hes not so much needy as entitled, so no matter how much you give him, it will
never be enough. He will just keep coming up with more demands because he believes his needs are your
responsibility, until you feel drained down to nothing. Lundy Bancroft author of Why does he do that?:
Inside the Minds of Angry and Controlling Men
Battered Woman Syndrome
as a Defense
A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man
coercing her to do something he wants her to do without concern for her rights.
Includes wives or women in any form of intimate relationship with men.
Cycle of Violence
Tension-building Phase
Tranquil
Acute
Phase
Battering
Incident
Facts:
This case started from the killing of Ben Genosa by his wife Marivic Genosa (appellant).
On first year of their marriage, Marivic & Ben lived happily but apparently, Ben changed and they
would always quarrel and sometimes this became violent.
Appellant testified that every time Ben came home drunk, he would provoke her & sometimes beat
her.
Whenever beaten, Marivic consulted medical doctors who also testified during the trial.
On the night of the killing (November 15, 1995), appellant & victim quarreled and the victim beat
the appellant. However, appellant was able to run to another room.
Appellant admitted having killed the victim with the use of a gun while asleep which led the
information for parricide, however, the alleged cause of death of victim was by beating through
the use of lead pipe.
After being interviewed by specialists, she had been shown to be suffering from Battered Woman
Syndrome.
Appellant invoked self-defense and defense of her unborn child ( 8mos pregnant).
After trial, RTC found appellant :
- guilty beyond reasonable doubt of the crime parricide with aggravating circumstance of
treachery and imposed death penalty.
On automatic review before the Supreme Court, appellant filed an Urgent Omnibus Motion and
SC partly granted it ordered for reception of experts opinion on BWS.
Issues:
1. WON appellant can validly invoke Battered Woman Syndrome as constituting self defense.
2. Won treachery attended the killing of Ben Genosa.
Ruling:
1. WON appellant can validly invoke Battered Woman Syndrome as constituting self defense.
- No. The defense fell short of proving 3 phases of cycle of violence supposedly characterizing the
relationship of Ben & Marivic Genosa. Neither did appellant submit sufficient evidence in regard to
3rd phase of cycle.
- However, existence of the syndrome, does not in itself establish legal right of woman to kill her
abusive partner.
- The rule to resort to Self-defense (RPC) is that the 3 requisites must be present.
Unlawful aggression is the most essential element.
But, there was a sufficient time interval between unlawful aggression of Ben and her fatal attack on
him. He apparently ceased his attack and went to bed.
2 mitigating factors were taken in favor of appellant (Marivic):

1. Psychological paralysis
2. Passion and obfuscation
2. WON treachery attended the killing of Ben Genosa.
- No. When killing is preceded by an argument or quarrel, treachery cannot be appreciated as
qualifying circumstance. Deceased may have been forewarned and anticipated aggression from
assailant.
- Method of assault must have been consciously & deliberately chosen to accomplish the unlawful
act.
SC affirmed the conviction of appellant for parricide, considering presence of 2 mitigating
circumstance and without aggravating circumstance.
Penalty reduced to 6 years and 1 day of prision mayor as minimum to 14years 8 months and 1 day
of reclusion temporal as maximum.
Upon determination she is eligible for parole, director of Bureau of Corrections may immediately
release her from custody, unless being held for some other lawful cause.
RA 9262
March 8, 2004
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
An act defining violence against women and their children, providing for protective measures for victims,
prescribing penalties therefore, and for other purposes.
Justificatory Use of Natural Law
Battered Woman Syndrome was first used as a defense in the Philippines
Justifying circumstance Art. 11 of the Revised Penal Code.
One faces the corresponding consequences or penalties based on their actions.
FLORESCA VS PHILEX MINING CORPORATION
FACTS:
Several Miners were died in a cave-in at one of Philex Mining Corporation's mine sites. The heirs of
the miners were able to recover under the Workmen's Compensation Act (WCA).

Thereafter, a special committee report indicated that the company failed to provide the
miners with adequate safety protection.

The heirs decided to file a complaint for damages before the CFI (now RTC) of Manila.

Philex filed a Motion to Dismiss on the ground that the action was based on an industrial accident
which is covered under the WCA and, therefore, the CFI has no jurisdiction over the case. Philex
argues that work-connected injuries are compensable exclusively under Sections 5 and 46 of the
WCA, which provides:
Section 5. Exclusive right to compensation.- The rights and remedies granted by this Act to an
employee by reason of a personal injury entitling him to compensation shall exclude all other rights
and remedies accruing to the employee, his personal representatives, dependents or nearest of kin
against the employer under the Civil Code and other laws because of said injury.
Section 46. Jurisdiction- The Workmen's Compensation Commissioner shall have exclusive
jurisdiction to hear and decide claims for compensation under the Workmen's Compensation Act,
subject to appeal to the Supreme Court.

Philex further contends that the WCA covers work-connected accidents even if the employer
was negligent as the WCA under Section 4-A imposes a 50% additional compensation in the event
that the employer was negligent.
The heirs, however, contend that the CFI has jurisdiction as their complaint is not based on the
WCA but on the civil code provisions on damages arising out of negligence.
The CFI dismissed the complaint for lack of jurisdiction.
The heirs questioned the dismissal before the Supreme Court.
ISSUE:
1. Does the CFI have jurisdiction over the complaint?
2.Wether or not petitioners can claim benefits under the WCA and at the same time sue for
damages under the Civil Code.
HELD:

Majority Opinion; Makaisar,J.

Several opinions[amicus curiae] were advanced as to the nature of the remedies provided for
under the WCA, namely:
1. CUMULATIVE- Justice Lazaro is of opinion that the heirs may file a complaint for damages (which
is different from compensation under the WCA) with the regular courts on the basis of the
negligence of an employer pursuant to the Civil Code provisions.
2)
EXCLUSIVE Atty. (now Senator) Angara believes that recovery under the WCA is exclusive
and therefore precludes an action of damages under the Civil Code.
3) SELECTIVE Atty.Bacungan believes that the remedies are selective, i.e., the heirs have the
option of choosing between availing of the compensation under the WCA or filing an action for
damages arising out of negligence under the provision of the Civil Code. If the heirs have chosen
one remedy and have collected under the remedy, they can no longer avail of the other remedy.
The Allegations of the complaint indicate that there was a breach of contract which may justify an
award for damages under the pertinent provisions of the Civil Code. The question now is whether
or not the action for damages will prosper,not withstanding the fact that the heirs have already
received compensation under WCA.
The Court agreed with the position of Atty. Bacungan that the two remedies are selective.
The WCA is based on theory of Compensation disinct from existing theories on damages. Recovery
under the WCA is not based on any theory on the part of the employer.
Since the two remedies are distinct and the heirs have the option of selecting which remedy to
avail o, are the heirs now precluded from selecting the remedy under the Civil Code, considering
that they had already availed of ( and received compensation) under WCA?
The heirs have a choice but they cannot pursue the both choices simultaneously.
The Court however, noted that the heirs only learned of the negligence report after they had
already availed and received compensation under the WCA; they thus could not make an intelligent
and informed choice at the time they opted for the WCA remedy.
The heirs were thus allowed to pursue the Civil Code remedy but they are not entitled to recover
under both remedies. Any payment they received under the WCA shall be deducted from the
Court's awards of damages if any.
Article 9 of the Civil Code provides that:
No Judge or court shall decline to render Judgement by reason of the silence, obscurity or
insufficiency of the laws.
.
The interpretative use of Natural Law in this case is that judges do and must legislate to fill
in the gaps in the law; because the mind of the legislator, like all human beings, is finite and
therefore cannot envisage all possible cases in which the law may apply nor has the human mind
the infinite capacity to anticipate all situations- Justice Holmes.
.
In the rule of statutory construction that if there is vagueness in Labor Laws it must be
liberally construed in favor of the Laborer. .
The Justificatory Use of Natural Law in this Case is that the heirs can still have the option to
avail the remedy under the Civil Code even though they have already availed and received
compensation under in WCA because they were informed lately

EVELYN CHUA-QUA VS. HON. JACOBO C. CLAVE AND TAY TUNG HIGH SCHOOL
FACTS:
Private Respondent Tay Tung High School, Inc. is an educational institution in Bacolod City.
Petitioner had been employed therein as a teacher since 1963 and, in 1976 when this dispute arose,was
the class adviser in the sixth grade where one Bobby Qua was enrolled. Since it was the policy of the
school to extend remedial instructions to its students, Bobby Qua was imparted such instructions in school
by petitioner.
In December 24, 1975, they got married in a civil ceremony solemnized in Iloilo City by Hon.
Cornelio G. Lazaro, City Judge of Iloilo. Petitioner was then thirty (30) years of age but Bobby Qua sixteen
(16) years old, consent and advice to the marriage was given by his mother, Mrs. Concepcion Ong. Their

marriage was ratified in accordance with the rites of their religion in a church wedding solemnized by Fr.
Nick Melicor at Bacolod City on January 10, 1976.
On February 4, 1976, private respondent filed with sub-regional office of the Department of Labor
at Bacolod City an application for clearance to terminate the employment of petitioner on the following
ground:
For abusive and unethical conduct of unbecoming of a dignified school teacher and that her
continued employment is inimical to the best interest, and would downgrade the high moral values,
of the school
Petitioner was placed under suspension without pay on march 12, 1976.
On September 17, 1976, Executive Labor Arbiter Jose Y Aguirre, Jr., without conducting and formal
hearing, rendered an Award in NLRC Case No. 956 in favor of private respondent granting the clearance
to terminate the employment of petitioner. It was held therein that:
The affidavits although self-serving but were never disputed by the respondent pointed
out that before the marriage of respondent to Bobby Qua, 14 years of her junior and during her
employment with petitioner, and an amorous relationship existed between them.
In the absence of evidence to the contrary, the undisputed written testimonies of several witnesses
convincingly picture the circumstances under which such amorous relationship was manifested within the
premises of the school, inside the classroom, and within the sight of some employees. While no direct
evidences have been introduced to show that immoral acts were committed these times, it is however
enough for a sane and credible mind to imagine and conclude what transpired and took place during these
times.
Petitioner, however, denied having received any copy of the affidavits referred to.
October 7, 1976, petitioner appealed to the NLRC claiming denial of due process for not having been
furnished copies of the aforesaid affidavits relied on by the labor arbiter. She further contended that there
was nothing immoral, nor was it abusive and unethical conduct unbecoming of a dignified school teacher,
for a teacher to enter into lawful wedlock with her student.
December 27, 1976, NLRC unanimously reversed the Labor Arbiters decision and ordered petitioners
reinstatement with back wages.
The case was elevated by private respondent to the Minister of Labor who, on March 30, 1977,
reversed the decision of the NLRC. The petitioner was, however, awarded six months of salary as financial
assistance.
On May 20, 1977, petitioner appealed the said decision to the Office of the President of the Philippines.
In a resolution dated December 6, 1978, public respondent acting on a motion for reconsideration of
private respondent and despite opposition thereto, reconsidered and modified the aforesaid decision, this
time giving due course to the application of Tay Tung High School, Inc. to terminate the services of
petitioner as classroom teacher but giving her separation pay equivalent to her 6 months salary.
The petitioner filed a petition for certiorari.
ISSUE:
Did petitioner commit an immoral act as a teacher warranting dismissal from work?
RULING:
The petitioner was never proved to have abused not taken advantage or abused or committed
immoral acts with any student in any circumstance. The petitioners dismissal was based solely her

marriage to Bobby Qua and the imputed charges if abuse, immorality and unethical conduct were
unsubstantiated, hence unwarranted and illegal.
The petition for certiorari is granted and the resolution of public respondent dated December 6,
1978 is ANNULLED and SET ASIDE. Private respondent Tay Tung High School, Inc is hereby ORDERED to
pay petitioner backwages equivalent to three years, without any deduction or qualification, and separation
pay in the amount of one (1) month for every year of service.
Justice Regaldo said, while quoting Blaise Pascal:
If the two eventually fell in love, despite the disparity in their ages and academic levels, this only
lends substance to the truism that the heart has reasons of its own which reason does not know.
But, definitely, yielding to this gentle and universal emotion is not to be so casually equated with
immorality. The deviation of the circumstances of their marriage from the usual societal pattern
cannot be considered as a defiance of contemporary social mores.

Application of Natural Law

Justificatory:
Natural Law is used as basis of doctrine of natural rights which according to John Locke are
inherent and inalienable.
Code of Ethics for Professional Teachers
Article IV: A Teacher and the Profession

Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall
manifest genuine enthusiasm and pride in teaching as a noble calling.
Section 2. Every teacher shall uphold the highest possible standards of quality education, shall
make the best preparations for the career of teaching, and shall be at his best at all times and in
the practice of his profession.
Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified
means for earning a decent living.

Article VIII: The Teachers and Learners

Section 2. A teacher shall recognize that the interest and welfare of learners are of first and
foremost concern, and shall deal justifiably and impartially with each of them.
Section 7. In a situation where mutual attraction and subsequent love develop between teacher
and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and
preferential treatment of the learner.