Ireklamo guro iskuwelahan, may kinakasama di kasal, may anak sa pagkadalaga, unwed born out of wedlock

Ellie Delacruz
is in the Philippines

Maari po bang ireklamo ang isang guro ng iskuwelahan ng aking anak? Mayroon po siyang kinakasama na hindi po sila kasal, at mayroon din po siyang anak sa pagkadalaga. Hindi kasi magandang tingnan lalo na sa aming mga anak na nagaaral sa kanilang iskuwelahan. Maari po kaya siyang alisin dito? At saan po namin pwede siyang ireklamo. Kasi ang principal po dito alam na about sa kanyang kaso ngunit nagbubulagbulagan lang ang kanilang principal at hindi siya inaalis. Maraming salamat po.


Translation: Can a complaint be filed against the teacher of my son/daughter? The teacher has a live-in partner, but they are not married. She is an unwed mother, has a child born out of wedlock. It is morally not good to look at, especially for our children. Where could we file a complaint? The principal of the school knows about this, but is turning a blind eye to this.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
From the perspective of the Labor Code, ang immorality ay hindi just or legal cause for termination of employment. Iba na siyempre kung ang contract of employment ng guro ay may stipulation na siya ay dapat above moral reproach. Kung may employment contract ang guro at naka-saad sa employment contract niya na dapat ay may standard of morality siyang dapat na i-uphold, then, if he or she fails to live by that moral standard s/he had agreed to, that is a cause for the termination of the contract of employment.
Does her "immorality" prevent her from being an effective teacher? Does this set a bad example to her students? ARe her students morally corrupted because of this? Those are questions you would have to answer. YOu can file a complaint with the management of the school. It is only the school that can terminate her employment.
On the other hand, if she is a single mother, and you succeed in getting her terminated from her employment, she will have no means by which to support her children. She may have made a mistake and committed an immoral act -- but in censoring her for her immoral act, you are also punishing her children -- have you thought about it this way? Anyway, you cannot file a case to remove her from her employment. That is purely the prerogative of the school that hired her. What you can do is remove your child from that school.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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