Principal fired for grave misconduct

(Philstar.com) - June 5, 2009 - 12:00am

CEBU, Philippines – The Department of Education has finally implemented the order of the Ombudsman
dismissing from service a public school principal from Liloan town who was found guilty of an
administrative case for grave misconduct.

Assistant Ombudsman for the Visayas Virginia Palanca-Santiago said they were informed by the DepEd of
the implementation of the order against Dr. Epitacio Mendoza of the Liloan Central Elementary School.

The anti-graft office ordered last July 28, 2004 for the dismissal of Mendoza from service after he was
found guilty of grave misconduct. The order was not immediately implemented by the DepEd because
the respondent questioned the decision before the Court of Appeals.

However, the 18th Division of the appellate court affirmed the decision of the Office of the Ombudsman-
Visayas.

In a 12-page decision penned by associate justice Franchito Diamante the appellate court dismissed
Mendoza’s petition for certiorari and denied his prayer for the issuance of a temporary restraining order
to prevent the anti-graft office from enforcing its decision.

The case stemmed from a complaint for grave misconduct filed by Ma. Teresa Singuran, a public school
teacher, against Mendoza in 2003.

Singuran, in her complaint, said she was designated as the teacher-in-charge of two public schools in
Liloan. One of her teachers was reassigned to the central school prompting her to request for a
replacement from the division office.

Singuran said that she was advised by the assistant division superintendent to see Mendoza, who was
then the principal of the school where one of her teachers was reassigned.

On June 24, 2003, Singuran said she visited Mendoza in his office but to her surprise the latter raised his
voice at her and even struck her with a plastic chair. Mendoza also accused her of stealing his cellular
phone.

The anti-graft office found the complaint meritorious and considering that it was not the first time that
Mendoza was complained of misconduct, graft investigators imposed upon him the highest penalty of
dismissal from service.

The court held that under the Civil Service Law and its implementing rules, the charges against Mendoza
is a grave offense punishable by dismissal from service. — Fred P. Languido/BRP (THE FREEMAN)

Dismissing teachers over immorality

BY PERSIDA ACOSTA

JULY 02, 2017

HOME / LEGAL ADVICE / DEARPAO / DISMISSING TEACHERS OVER IMMORALITY

Persida Acosta

Dear PAO,

The school where I teach is currently facing a controversy. Two of the teachers serving in our faculty who
are both married were discovered to be having an illicit affair. The witnesses include parents of our
students, students, peers in the faculty and even the security guards. When they were called for an
administrative investigation, they asserted that it is none of the school’s business as whatever they have
is a purely private decision and a consensual adult business beyond the school’s arms. They were
consequently terminated from the school. We are curious, are they not correct in their assertion that
what they have is a purely private matter?

Sincerely yours,

Tonia

Dear Tonia,

The case of Jose Santos Jr. vs NLRC, et al. (GR No. 115795, March 8, 1998) penned by the former
Associate Justice Flerida Ruth Pineda-Romero can enlighten you in your situation. It clearly stated:

Advertisements

“The crux of the controversy is whether the illicit relationship between the petitioner and Mrs. Martin
could be considered immoral as to constitute just cause to terminate an employee under Article 282 of
the Labor Code.
We have consistently held that in order to constitute a valid dismissal, two requisites must concur: (a)
the dismissal must be for any of the causes expressed in Art. 282 of the Labor Code, and (b) the
employee must be accorded due process, basic of which are the opportunity to be heard and defend
himself.

Under Article 282 of the Labor Code, as amended, the following are deemed just causes to terminate an
employee:

‘(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or
representative in connection with his work;

Advertisements

(b) Gross and habitual neglect by the employee of his duties:

(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;

(d) Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorize representative; and

(e) Other causes analogous to the foregoing.’

Moreover, it is provided inter alia under Section 94 of the Manual of Regulations for Private Schools:

‘Sec. 94. Causes of Terminating Employment. In addition to the just cases enumerated in the Labor Code,
the employment of school personnel, including faculty, may be terminated for any of the following
causes:
xxx xxx xxx

E. Disgraceful or immoral conduct.’

Private respondent, in justifying the termination of the petitioner, contends that being a teacher, he
“must live up to the high moral standards required of his position.” In other words, it asserts that its
purpose in dismissing the petitioner was to preserve the respect of the community towards the teachers
and to strengthen the educational system.

On the other hand, petitioner merely argues that the alleged illicit relationship was not substantially
proven by convincing evidence by the private respondent as to justify his dismissal.

On the outset, it must be stressed that to constitute immorality, the circumstances of each particular
case must be holistically considered and evaluated in light of the prevailing norms of conduct and
applicable laws. American jurisprudence has defined immorality as a course of conduct which offends
the morals of the community and is a bad example to the youth whose ideals a teacher is supposed to
foster and to elevate, the same including sexual misconduct. Thus, in petitioner’s case, the gravity and
seriousness of the charges against him stem from his being a married man and at the same time a
teacher.

We cannot overemphasize that having an extra-marital affair is an affront to the sanctity of marriage,
which is a basic institution of society. Even our Family Code provides that husband and wife must live
together, observe mutual love, respect and fidelity. This is rooted in the fact that both our Constitution
and our laws cherish the validity of marriage and unity of the family. Our laws, in implementing this
constitutional edict on marriage and the family underscore their permanence, inviolability and solidarity.

As a teacher, petitioner serves as an example to his pupils, especially during their formative years18 and
stands in loco parentis to them. To stress their importance in our society, teachers are given substitute
and special parental authority under our laws.
Consequently, it is but stating the obvious to assert that teachers must adhere to the exacting standards
of morality and decency. There is no dichotomy of morality. A teacher, both in his official and personal
conduct, must display exemplary behavior. He must freely and willingly accept restrictions on his conduct
that might be viewed irksome by ordinary citizens. In other words, the personal behavior of teachers, in
and outside the classroom, must be beyond reproach.

Accordingly, teachers must abide by a standard of personal conduct which not only proscribes the
commission of immoral acts, but also prohibits behavior creating a suspicion of immorality because of
the harmful impression it might have on the students. Likewise, they must observe a high standard of
integrity and honesty.

From the foregoing, it seems obvious that when a teacher engages in extra-marital relationship,
especially when the parties are both married, such behavior amounts to immorality, justifying his
termination from employment.” (Emphasis supplied)

Evidently, the termination of your co-teachers is valid based on the above-stated grounds. For as long as
they were duly apprised of the case/s against them, and that they were afforded due process relative to
the termination of their employment, they were validly terminated. Infidelity is a form of immorality.
Besides, they should know that as teachers, their actions outside the school must be beyond reproach.
Hence, their assertion that their decision is already beyond school concerns, and is a mere private matter
cannot be given credence as palpably shown in the abovementioned decision.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated
and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may
be sent to dearpao@manilatimes.net
Comments are posted instantaneously through the use of the FindShare login system. If you want to
remain anonymous, please select a screen name upon login.

Advertisements

YOU MIGHT ALSO LIKE

Simple Tips To Lose Weight In Just 10 Days

Simple Tips To Lose Weight In Just 10 Days

Mangosteen

Tips for Luck! I No Longer Worry About Money!

Tips for Luck! I No Longer Worry About Money!

Money Amulet

Joey Marquez Reveals How He Defeated Baldness In 4 Weeks - Read More

Joey Marquez Reveals How He Defeated Baldness In 4 Weeks - Read More

Asami

Simple Tips To Lose Weight In Just 10 Days

Simple Tips To Lose Weight In Just 10 Days

Mangosteen

Duterte urges Filipino Muslims to keep partnering with govt | The Manila Times Online

Duterte urges Filipino Muslims to keep partnering with govt | The Manila Times Online

Clinics are SILENT! Easy way to get rid of wrinkles at home! No surgery!

Clinics are SILENT! Easy way to get rid of wrinkles at home! No surgery!

Goji Cream
Sparmate Tszyu places bet on Pacquiao | The Manila Times Online

Sparmate Tszyu places bet on Pacquiao | The Manila Times Online

Best Diet for Lazy People! Up to 20 Kg in 4 Weeks No Workouts!

Best Diet for Lazy People! Up to 20 Kg in 4 Weeks No Workouts!

Top Diet

Alaska routs Magnolia, 103-80 | The Manila Times Online

Alaska routs Magnolia, 103-80 | The Manila Times Online

No More Gray Hair Roots! This Method Is So Easy, I Do It At Home.

No More Gray Hair Roots! This Method Is So Easy, I Do It At Home.

GrayOFF

Jobless rate drops but inflation rises | The Manila Times Online

Jobless rate drops but inflation rises | The Manila Times Online

The Pain Passes Within 8 Minutes! A Revolutionary Discovery By A Filipino Scientist Removes 41 Types
Of Pain - No Pills, No Injections.

The Pain Passes Within 8 Minutes! A Revolutionary Discovery By A Filipino Scientist Removes 41 Types Of
Pain - No Pills, No Inject

MagneSteps

Chinese boats off Pag-asa withdrawn | The Manila Times Online

Chinese boats off Pag-asa withdrawn | The Manila Times Online

Whiter From Head To Toe! She Whitened Her Entire Body By Just Following These Steps

Whiter From Head To Toe! She Whitened Her Entire Body By Just Following These Steps

WhiteInsta

New Senate 'super majority' emerges | The Manila Times Online

New Senate 'super majority' emerges | The Manila Times Online

3 Foods That Burn Inches of Belly Fat in Weeks

3 Foods That Burn Inches of Belly Fat in Weeks

Mangosteen

Advertisements

Advertisements

Advertisements

Loading...

OTHER DEARPAO

DEARPAO

The Comprehensive Dangerous Drugs Act

DEARPAO

Life insurance policy incontestable after 2 years

LATEST STORIES

Palace: Rise in May inflation no cause for concern

427 examinees pass the Dentist Licensure exams (Practical Phase)

Alaska routs Magnolia, 103-80

Senators meet to discuss committee chairmanships

Trump, queen and world leaders remember D-Day heroes

The Manila Times | June 06, 2019

Social Connect Manila Times

The Manila Times

@TheManilaTimes

Asido: On June 12, there will be several events in Intramuros. We will have bazaars and a free concert.
The entranc… https://t.co/grYQt4UcYbhttps://t.co/KwO7UM07XZ

6h

The Manila Times

@TheManilaTimes

Asido: Tourism Sec. Berna Puyat is very supportive of the IA. She visits our office often and discusses her
plans a… https://t.co/kb5UtzhyAThttps://t.co/KwO7UM07XZ

6h

The Manila Times

@TheManilaTimes
Asido: We will come up with a social housing program for the informal settlers in Intramuros.

We are doing consulta… https://t.co/4MdkHQvDLNhttps://t.co/KwO7UM07XZ

6h

The Manila Times

@TheManilaTimes

We looked at the plan of the reconstruction of Maestranza.

In a conversation with the creative economy council of t…

https://t.co/MM1U2oTZK9https://t.co/KwO7UM07XZ

6h

The Manila Times

@TheManilaTimes

Asido: For the past two years, we've seen positive growth in the income of IA. We have the lowest
budget among DOT… https://t.co/JUsUj4k3Echttps://t.co/KwO7UM07XZ

6h

Copyright © 2010-2018 The Manila Times – All Rights Reserved.

Archives

Advertise

Contact Us

About Us

Privacy Policy

Logo Header Menu

Home

Nation

Opinion

Business

World

Sports

Lifestyle & Entertainment

The Sunday Times

Special Sections

Public Square

The Manila Times 500

This website uses cookies to ensure you get the best experience on our website. By continuing to use
this website without disabling cookies in your web browser, you are agreeing to our use of cookies. Read
More.

I Agree

This website uses cookies to ensure you get the best experience on our website. By continuing to use
this website without disabling cookies in your web browser, you are agreeing to our use of cookies. Read
More.

I Agree