Employer may terminate services of employee

Dear PAO,
I have been a college professor for more than a decade. My husband and I have been separated for seven years. Almost two years ago, I engaged in a relationship with another man and I am now pregnant. My husband is now living with his new “wife.” He has not been seeing our kids, nor has he given any support. Only my close friends in our private school know my situation. I just want to ask if the school can terminate my services even if my husband has no intention of filing a complaint for adultery against me. Please enlighten me. Thank you very much for your prompt action.

Distraught Teacher

Dear Distraught Teacher,
In your letter, you only mentioned that you and your husband have been separated for seven years. We would like to stress that if the two of you are only separated in fact, you are still bound to respect your marriage and both of you may not maintain romantic and sexual relationships with other people. This is true even if you are legally separated because a decree of legal separation does not sever the marital ties between the husband and the wife. (Article 63 [1], Family Code of the Philippines) Only if your marriage is annulled or declared null and void by the court may you and your husband engage in other relationships and have families of your own. Otherwise, both of you are running the risk of being held criminally liable for adultery or concubinage.

With regard to your employment concerns, even if your husband does not file, or has no intention of filing a criminal case for adultery against you, the private institution where you are employed may still terminate your services as a college professor if there is a basis under the law, under the policies of the school or the institution, or under pertinent regulations pronounced by our government. Insofar as the Labor Code of the Philippines is concerned, an employer may only terminate the services of an employee if it is based on just or authorized causes specified under Articles 282, 283 and 284, id. We believe that on the basis of this law, there is no valid reason to terminate your services as a professor.

However, we also have to take into consideration the provisions of the policies maintained by the educational institution where you work. If having a relationship with a man who is not your husband and being impregnated by him is one of the causes for terminating the services of a professor, then the school can validly discontinue your engagement as a professor. But if the same is not provided as a valid ground for termination, it follows then that the institution may not discontinue your employment. Nevertheless, due regard must be given as to the provisions of the Manual of Regulations for Private Higher Education of 2008. As provided for under Section 121 (6), id, the employment of academic personnel in a higher educational institution may be terminated on account of disgraceful or immoral act inside or outside the school campus. An illicit relationship or an extra-martial affair may be considered as a disgraceful or immoral act. Hence, if after the conduct a proper investigation on the matter and after you have been given enough opportunity to explain yourself, it is proven that you have indeed violated this provision, termination may serve as an adequate penalty against you. –Persida Acosta, Manila Times

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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it or via text message (key in: Times dearpao <YOUR QUESTIONS> and send to 2299).