13. Inocente Vs. St. Vincent Foundation for Children and Aging, Inc., G.R. No.

202621. June 22, 2016.

BRION, J.

Facts:
Respondent St. Vincent is a non-stock, non-profit foundation engaged in
providing assistance to children and aging people. It is financially supported by the
Kansas based Catholic Foundation for Children and Aging (CFCA). Petitioner Zaida
work for respondent as a Program Officer.
In 2001, Zaida met Marlon Inocente(also an employee of respondent) Zaida
and Marlon became close and soon became romantically involved with each other.
In September 2006, St. Vincent adopted the CFCA's Non-Fraternization
Policy; it reads in full:

While CFCA does not wish to interfere with the off-duty and personal
conduct of its employees,... (we) strongly discouraged (employees)
from engaging in consensual romantic or sexual relationships with any
employee or volunteer of CFCA.

Despite St. Vincent's adoption of the Non-Fraternization Policy, Zaida and

Marlon discretely continued their relationship; they kept their relationship private and
unknown to St. Vincent even after Marlon resigned in July 2008.
Later, Zaida experienced severe abdominal pain requiring her to go to the
hospital. The doctor later informed her that she had suffered a miscarriage. Zaida
informed St. Vincent of her situation. On March 31, 2009, Zaida was again confined
at the hospital for ectopic pregnancy. Zaida, thereafter, underwent surgery to have
one of her fallopian tubes removed.
Zaida was required to explain in writing why no administrative action should
be taken against her.
Eventually, St. Vincent terminated Zaida's employment for immorality, gross
misconduct and violation of St. Vincent's Code of Conduct.
Zaida and Marlon were subsequently married on June 23, 2009.
On July 14, 2009, Zaida filed before the LA her complaint for illegal dismissal.

Issue:
Whether the petitioners dismissal is proper due to serious misconduct
Ruling:
No. The court finds the dismissal illegal for lack of valid cause. St. Vincent
failed to sufficiently prove its charges against Zaida to justify her dismissal for serious
misconduct and loss of trust and confidence.
For an employee to be validly dismissed on the ground of serious misconduct,
the employee must:
First, have committed misconduct or an improper or wrong conduct;
Second, the misconduct or improper behavior is:
(a) serious;
(b) relate to the performance of the employee's duties; and
(3) show that the employee has become unfit to continue
working for the employer.chanroble
Zaida's relationship with Marlon is neither illegal nor immoral; it also did not
violate the Non-Fraternization Policy. The said policy only discourages, not prohibit,
romantic or sexual relationships among employees or volunteers. Second, misconduct
has been defined as improper or wrong conduct. Morality must be based on secular
standards. There is nothing wrong about the petitioner's relationship with Marlon -
both of them are of legal age and without legal impediment to marry.
Moreover, St. Vincent failed to show how Zaida's relationship with Marlon
affected her performance of her duties as a Program Officer and that she has become
unfit to continue working for it, whether for the same position or otherwise. Her
dismissal based on this ground, therefore, is without any factual or legal basis.