CHUA-QUA

VS.
CLAVE
(G.R. NO. L-49549 AUGUST 30, 1990)

Iola Vianka M. Pion

English for Specific Purpose
Prof. Rafie Paz

Evelyn Chua was a 30 year old teacher in

Tay Tung High School located in Bacolod City.

She was
the class
adviser of
the grade
six
students.

One of her students was Bobby Qua, a 16 year

old boy who needed remedial instructions.

Because of this, Evelyn extended to him

in school after their classroom lessons.

However, in course of this,

they fell in love with each
other.

Eventually, with the consent of Bobbys mother,

the two got married on Dec. 24, 1975 in a civil
ceremony.

The two were

again married on
January 10, 1976
in a church
wedding in
Bacolod City.

Upon knowledge, the school filed a case for Abusive

and Unethical Conduct Unbecoming of a Dignified School
Teacher seeking for a clearance to terminate Evelyn.

ISSUE:
Whether or not Evelyns dismissal
for immoral conduct was valid?

Applicable Law:
Code of Ethics for Teachers
Philippine TeachersProfessionalization Act of 1994 (R.A. 7836)

Conclusion / Decision

The Supreme Court held that the dismissal

against Evelyn is illegal and that she did not
commit any misconduct.

They held
that:
If the two
eventually fell in
love despite the
disparity in their
ages and
academic level,
this only leads to
the truism that
the heart has
reason of its own
which reason
does not know.

Finding that there is 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.

utterly failed to show

that 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 a
defiance of contemporary
social mores.

Rationale:
The Supreme Court did not consider
immoral Evelyn Chua-Qua's act of falling
in love with, and later marrying, a boy
who was fourteen years her junior,
scandalous though it may have been.
TheSupreme Court of the Philippines
acknowledged the power of love.

Note:

The facts of this case were covered by

the oldCivil Code of the Philippines,
which allowed persons not yet eighteen
years old to get married with the consent
of their parents. With the passing of the
Family Code of the Philippineson July 6,
1987, a person below eighteen years of
age cannot marry, even with the consent
of his or her parents.

Sources:

http://en.wikipilipinas.org/index.php/Chu
a-Qua_vs._
Clave
http://
russelmrubia.blogspot.com/2012/07/chuaqua-vs-clave.html
Google.com
Lawphil.net