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The Supreme Court Promulgates Love May 29, 2007

Posted by Janjan in All, Legally Opinionated and Jurisprudent.

I got a text message from my good friend Gremz this morning, which went something like this:

“A law student was asked to explain:

How is it that even when it occurs so abruptly, erupts so passionately, and end so violently, love can still be eternal?’

To which, the law student replied:

‘That is because love is like a person’s DOMICILE. Once established, it always continues…

….until there is intent to abandon.”

The topic reminds me of an old 1990 Labor case called Evelyn Chua-Qua vs. Hon. Jacobo Clave, et al. (G.R. No. 49549 August 30, 1990), where the controversy dealt with the illegal dismissal case of a 30-year old teacher from Iloilo who married her 16-year old student. This was way back in the 1970’s, when children aged 16 and 17 were allowed to marry provided that they had parental consent. At any rate, the school where the teacher was employed, promptly dismissed her on the grounds of immoral conduct. The teacher fought her dismissal all the way to the Supreme Court where 14 years later, they came up with this ruling:

“With the finding that there is no substantial evidence of the imputed immoral acts, it follows that the alleged violation of the Code of Ethics governing school teachers would have no basis. Private respondent utterly failed to show that petitioner took advantage of her position to court her student. If the two eventually fell in love, despite the disparity in their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know. But, definitely, yielding to this gentle and universal emotion is not to be so casually equated with immorality. The deviation of the circumstances of their marriage from the usual societal pattern cannot be considered as a defiance of contemporary social mores.” (Italicized for emphasis)

Now who says that the Supreme Court cannot set love down into jurisprudence?


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