Evelyn Chua-Qua v. Hon. Jacobo C.

Clave and Tay Tung High

School case brief summary
Evelyn Chua-Qua v. Hon. Jacobo C. Clave and Tay Tung High School
G.R. No. 49549, August 30, 1990
FACTS: Petitioner worked as a teacher in Tay Tung High School in Bacolod City since 1963. In 1976, petitioner
was a Grade VI class adviser where one Bobby Qua, 16 years old, was enrolled. Petitioner was giving
remedial lessons to Bobby Qua as per policy of the school when petitioner and Bobby 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 advice 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 of a dignified school teacher. Petitioner was suspended without pay on March 12, 1976.
Labor Arbiter Jose Aguirre, without conducting any formal hearing, awarded in favor of Tay Tung High
School. Petitioner appealed to the NLRC claiming denial of due process for not receiving copies of
affidavits relied by labor arbiter. On December 27, 1976, NLRC reversed the labor arbiters decision. This
was in turn reversed by the Minister of Labor, but awarding 6 months salary to petitioner as financial
assistance. Petitioner appealed to the Office of the President of the Philippines, and through Executive
Assistant Jacobo C. Clave, reversed the decision of the Minister of Labor and ordered petitioner to be
reinstated. Public respondent reversed his earlier decision however and supported petitioners dismissal
from work.
ISSUE: Did petitioner commit an immoral act as a teacher warranting dismissal from work?
RULING: No, petitioner was never proved to have abused nor taken advantage, or abused or committed immoral
acts with any student in 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 to pay petitioner back wages equivalent to three years
without deduction and separation pay of one month for every year of service.
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Facts
A 30-year-old elementary-school teacher had an affair with, and married, her 16-year-old student.
Evelyn Chua was a teacher in Tay Tung High School in Bacolod City, more specifically the Grade Six class
adviser. One of her pupils was Bobby Qua, who apparently needed remedial instructions which she extended
to him in school after their classroom lessons. In the course of this, the two fell in love, and with the consent of
Bobby's mother, got married in a civil ceremony in Iloilo City on December 24, 1975, and in a church wedding
in Bacolod City on January 10, 1976. Because of this, Evelyn Chua was fired by the school for immoral
conduct.

Issue
Was her dismissal for immoral conduct valid?

Ruling
No. The Supreme Court declared the dismissal illegal, saying:

Significance
This case is remembered most for Justice Regalado's quote from Blaise Pascal. However, its significance
lies in the fact that 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.
It is to be noted that the facts of this case were covered by the old Civil 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 Philippines on July 6, 1987, a person below eighteen years of age
cannot marry, even with the consent of his or her parents.