IMMORAL ACT COMMITTED BEYOND OFFICE HOURS IS A VALID

GROUND TO TERMINATE EMPLOYMENT

The act of the employee in Navarro III v. Damasco, [G.R. No. 101875, July
14, 1995], of sexually harassing a co-employee within the company premises
(ladies’ dormitory) even after office hours was held to be a work-related matter
considering that the peace of the company is thereby affected. The Code of
Employee Discipline is very clear that immoral conduct “within the company
premises regardless of whether or not [it is] committed during working time” is
punishable.

As a general rule, immorality is not a just ground to terminate employment.

The exception is when such immoral conduct is prejudicial or detrimental to the
interest of the employer.

The standard to be used to determine whether the immoral conduct adversely

affects the interest of the employer is whether the immoral act is of such nature
which is calculated to undermine or injure such interest or which would make the
worker incapable of performing his work.

For instance, in the case of Santos, Jr. v. NLRC, [G.R. No. 115795, March 6,
1998, 287 SCRA 117], involving a teacher, immorality was defined as a course of
conduct which offends the morals of the community and is a bad example to the
youth whose ideals a teacher is supposed to foster and elevate. Thus, the gravity
and seriousness of the charges against the teacher stem from his being a married
man and at the same time a teacher. Therefore, when a teacher engages in extra-
marital relationship, especially when the parties are both married, such behavior
amounts to immorality, justifying his termination from employment.

In another case, Sanchez v. Ang Tibay, [54 O.G. 4515], the dismissal of the
supervisor who maintained a concubine and practically drove his family away
because of his illicit relationship was held legal. As supervisor, he failed to set a
good example to the several personnel under him.

SEXUAL INTERCOURSE INSIDE COMPANY PREMISES CONSTITUTES

SERIOUS MISCONDUCT

A security coordinator in Stanford Microsystems, Inc. v. NLRC, [G.R. No.

L-74187, January 28, 1988], committed serious breaches of company rules when
he caused the introduction of intoxicating liquor into the premises which he drank
with another guard on duty, and allowed two female security guards to come inside
the Security Office and had sexual intercourse with one of them on top of the desk
of the Security Head, while other guard pretended to be asleep during all the time
that the lustful act was commenced until consummated.