Facts
Miraflor Mabao, a regularized grade school teacher at Bohol Wisdom School (BWS), told school officials she was two months pregnant by her boyfriend, whom she had no legal impediment to marry. BWS suspended her verbally on September 22, 2016, then served a Disciplinary Form and Letter on September 27, 2016 charging her with immorality for her "pre-marital relationship which lead you getting pregnant before marriage" and suspending her without pay "until such time that she will be duly married." Mabao married her boyfriend on October 5, 2016 and, the same day, filed a complaint for illegal suspension and illegal dismissal. BWS thereafter sent three return-to-work notices, all of which Mabao refused to receive; replying to the first on November 9, 2016, she wrote that she "could no longer go back to work for the school" since she had already brought the matter to the NLRC.
Issue
Whether an employee's premarital sexual relations resulting in pregnancy out of wedlock validly grounded her suspension for immorality, and whether her refusal to heed return-to-work notices constituted abandonment of employment.
Ruling
The suspension was illegal. Immoral conduct is gauged by public and secular, not religious, standards; as the Court put it: "Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral." BWS also violated procedural due process: its Administrative Team had already resolved to suspend Mabao before hearing her side. The Court agreed, however, that Mabao was not constructively dismissed, since BWS's notices showed a genuine intent to have her return. She was nonetheless found to have abandoned her employment, which requires (1) unjustified failure to report for work and (2) a clear intent to sever the relationship shown by an overt act — both shown by her repeated refusal of the return-to-work notices and her November 9, 2016 letter stating she could no longer return. The Petition was DENIED, but the Decision was MODIFIED: backwages run only from September 22 to October 7, 2016, while 13th month pay, rice and laundry allowances, midyear bonus, and proportionate vacation/sick leave accrue until November 9, 2016 — not November 25, 2016 as the CA ruled. Attorney's fees of 10% of the award and 6% legal interest from finality apply, and BWS must issue Mabao a Certificate of Employment.