SC rules pregnancy out of wedlock not ground for termination of employment

The pregnancy of a school teacher out of wedlock is not a ground for termination of her employment in the absence of evidence that her sexual relations and subsequent pregnancy were disgraceful or immoral, the Supreme Court has ruled.

The SC pointed out that in the determination of whether a conduct is disgraceful or immoral, “a consideration of the totality of the circumstances surrounding the conduct and an assessment of the said circumstances vis-à-vis the prevailing norms of conduct, i.e., what the society generally considers moral and respectable, are necessary.”

With the ruling, the SC dismissed the petition filed by Union School International which challenged the decision of the Court of Appeals that found Charley Jane Dagdag illegally dismissed from her employment.

While the decision was issued last November and written by the now retired Associate Justice Noel G. Tijam, details of the ruling were released by the SC Public Information Office yesterday. A copy of the decision was not immediately available.

The SC PIO’s case summary stated:

“Dagdag was an elementary school teacher employed on a probationary status by Union School when she found out she was eight weeks and five days pregnant. She informed the school of her pregnancy and that the father of her child was marrying another woman.”

“When she did not report for work without informing Union School, she was suspended for four days for abandonment of work. She was also suspended an additional day as this was her second offense of absence without official leave.”

“As Dagdag was single, the matter of being charged with gross immorality and her resignation was