The Supreme Court (SC) has reaffirmed that premarital sexual relations resulting in pregnancy are not immoral and cannot justify the suspension of an employee.

In a decision penned by Associate Justice Ricardo R. Rosario, the SC's First Division ruled that Bohol Wisdom School (BWS), a Christian school, acted illegally when it suspended Miraflor Mabao, a grade school teacher, for becoming pregnant outside of marriage.

Mabao, who was two months pregnant at the time, was verbally suspended by BWS Principal Raul Deloso, who informed her that she would remain suspended until she married the child’s father.

Days later, Mabao received a written notice confirming her indefinite suspension without pay on the grounds of “immorality” unless she married her partner.

Challenging the suspension, Mabao filed a complaint for illegal suspension before the National Labor Relations Commission.

While the Labor Arbiter initially ruled in her favor, the NLRC later overturned the decision, prompting Mabao to elevate the issue before the Court of Appeals.

The appellate court subsequently found the suspension illegal, though it did not conclude there was constructive dismissal.

The Supreme Court upheld the CA's ruling, stating that consensual sexual relations between two unmarried adults are not immoral under the law.

The Court emphasized that no law prohibits such relationships, and they do not violate any fundamental state policy enshrined in the Constitution.

The decision also clarified that the standard of morality applicable under the law is public and secular, not religious. Public and secular morality pertains to conduct deemed harmful to society, rather than actions judged solely by religious doctrines.

The Court warned that aligning public policies with religious beliefs would effectively impose a specific religious agenda on society.

As Mabao’s pregnancy could not be classified as immoral, the SC concluded that it was not a valid ground for suspension. The Court ordered Bohol Wisdom School to pay Mabao backwages and all benefits due for the period of her suspension.